Create a startup without patents but with 100 thousand users. Is it ‘commercial success’?

When it comes to the EB-1 visa, one of the points analyzed is the recognition of ‘commercial success’ in your field of expertise. This success can be demonstrated in several ways, depending on the candidate’s area and context.

In the case of a startup that does not yet have patents but has already reached the milestone of 100 thousand users, this achievement can indeed be considered an indicator of commercial success. However, it is important to note that USCIS (United States Citizenship and Immigration Services) evaluates the concept of commercial success comprehensively and on a case-by-case basis.

In immigration processes through the EB-1 visa – specifically in the extraordinary ability category – evaluators consider multiple factors beyond the mere user count. Although adoption by 100 thousand users is a strong indicator of market acceptance and traction, other elements such as revenue, consistent growth, strategic partnerships, media recognition, and testimonials from renowned experts in your field can also contribute to demonstrating the impact and commercial success.

It is essential to gather a robust portfolio of evidence proving your startup’s impact, showing that the company stands out in its sector. Documents, awards, mentions in publications, or expert statements can strengthen your case.

Always remembering that, even if one metric, such as the user base, is very relevant, the overall analysis considered by USCIS involves a holistic view of success and contribution to the field.

Finally, it is crucial to follow all United States immigration laws during the process. Seek support from specialized professionals and avoid relying on promises of easy or guaranteed results, as each case is unique and must be carefully analyzed. Consulting with experts can help structure your portfolio of evidence better and prepare a solid process in compliance with current regulations.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.