The absence of patents does not prevent you from using software you created as evidence in an EB-1 petition. What matters is demonstrating clearly your authorship and the impact of your work in your field, and there are several ways to do that.
A strong approach is to gather documentary proof showing your contribution and the reach of the software, such as:
- Online code repositories (for example, GitHub) and development history.
- Technical documentation and materials describing the project.
- Publications, articles, or conference presentations that cite the software.
- Adoption or usage data that help illustrate the relevance of the work.
Beyond documentation, expert and peer testimonials strengthen your case. Recommendation letters and technical opinions help establish the originality and importance of your software in the eyes of industry peers.
Organize everything clearly, making your role in the creation and the impact of the project explicit. Because each profile is evaluated individually by USCIS, it is worth checking the updated requirements at the official source or with a specialist before filing.
Learn more about EB-1
- Category
- EB-1 Green Card (1st priority)
- Requirement
- Extraordinary ability
- Self-petition
- Allowed (no sponsor needed)
- Processing
- 6-18 months
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About the author
Victoria Harper
Editor-in-Chief
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.