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Invent software, but without patent. The adoption is global. Strong?

Despite the absence of a patent, the global adoption of software can demonstrate extraordinary abilities for the EB-1 visa, provided that evidence of impact is robust and well documented.

Written by

Victoria Harper

Editor-in-Chief

Updated on March 26, 2026
2 min read
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The EB-1 visa in the United States is intended for individuals with extraordinary abilities in their fields of expertise, which may include technological innovations and significant contributions in the software domain. If you invented software that gained global acceptance, even without patent protection, this fact can be considered a relevant indicator of your impact and unique capability in the industry.

In an EB-1 case review, immigration officers usually take into account evidence demonstrating innovation, publications, awards, or testimonials from recognized experts in the field. The absence of a patent does not prevent arguing the relevance of the software, especially if there is documented proof of how it was adopted globally and became a standard or reference within the sector.

Documenting the reach and use of the software – through testimonials, citations in technical publications or specialized media – can strengthen your case by demonstrating your extraordinary contribution. However, it is essential to understand that the immigration process for the EB-1 is rigorous and depends on several factors.

The evidence must be robust and aligned with the criteria required by the USCIS (United States Citizenship and Immigration Services). In this regard, it is crucial to follow current immigration laws, seek information from reliable sources, and be cautious about promises guaranteeing results.

Whenever necessary, consulting a specialized company or a professional experienced in the area can assist in adequately preparing the documentation and strategically evaluating your case. Always remember each evaluation is done individually, and success depends on the consistency of the documents presented and the ability to demonstrate the relevant impact of your contribution.

It is important to avoid falling for scams or marketing campaigns that offer miracle solutions, as the immigration assessment is conducted carefully and documentarily.

Learn more about EB-1 Visa

Category
EB-1 Green Card (1st priority)
Requirement
Extraordinary ability
Self-petition
Allowed (no sponsor needed)
Processing
6-18 months
All about EB-1 Visa
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.

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Invent software, but without patent. The adoption is global. Strong?

Despite the absence of a patent, the global adoption of software can demonstrate extraordinary abilities for the EB-1 visa, provided that evidence of impact is robust and well documented.

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