I created software without a patent, but it has global adoption. Is that strong for EB-1?

Yes, the lack of a patent does not prevent your case. In the EB-1, what matters is demonstrating an original contribution of major significance to your field, and software with global adoption can be exactly that kind of evidence, even without a patent registration.

The strength of the argument comes from proving the real reach and impact of your creation: how many people or organizations use it, whether it has become a reference or standard in the industry, and how experts recognize its relevance. A patent is just one possible form of protection, not a requirement.

• Gather data on adoption, usage, and dissemination of the software.
• Collect technical citations, coverage in specialized media, and expert testimonials.
• Show how the solution influenced practices or standards in your field.

Each case is reviewed individually by the USCIS, so it is worth verifying the current criteria and structuring your evidence with a specialist before filing a petition.

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.