Can a startup without patents but with 100,000 users qualify as ‘commercial success’ for the EB-1?

For the EB-1, ‘commercial success’ can be demonstrated in many ways and does not require patents. A startup that has already built a substantial user base shows market acceptance and traction, which is a meaningful indicator. That said, the USCIS evaluates this concept broadly and on a case-by-case basis.

User count alone rarely suffices. It carries more weight when presented alongside other evidence that confirms the real-world impact of your product in the market.

• Consistent growth and clear signs of traction over time.
• Media coverage, awards, or notable mentions within the industry.
• Strategic partnerships and testimonials from recognized experts in the field.

The ideal approach is to build a robust portfolio of evidence that shows your startup standing out in its sector. Because every case is unique, it is worth checking the current requirements on the official source (USCIS) or with a specialist to structure that material effectively.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.