I have 2 patents with no commercial use. Which other criteria should I focus on for EB-1?

In the EB-1, the lack of commercial use for your 2 patents does not close doors: the extraordinary ability category evaluates several types of evidence, and the invention itself already signals an original contribution. The path forward is to strengthen your case through other criteria that demonstrate recognition in your field.

Patents without commercial exploitation can still support contributions of significant importance, especially when your work has influenced peers, research, or industry practices. It is worth mapping where your track record already generates recognition.

• Awards and honors that attest to the originality of your work.
• Publications and citations that indicate influence in your field.
• Roles as a reviewer, speaker, or member of expert committees.

Together, these elements can build a strong portfolio even without commercial revenue. Each case is evaluated individually, so confirm the current requirements at the official source (USCIS) or with a specialist before filing.

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Victoria Harper

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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.