My pharmaceutical patent has not been granted yet. Will it help for the EB-1?

It can help, but rarely on its own. In the EB-1, designed for individuals with extraordinary ability, a patent still under review does not carry the same weight as one already granted, because a pending application signals innovative effort but does not yet represent consolidated recognition.

That does not mean it is useless. A patent application demonstrates originality and development work, and it can be included as part of your body of evidence. What it typically cannot do is sustain the case on its own, especially if it is your only proof of distinction.

The stronger path is to complement the pending patent with other evidence that shows the impact and recognition of your work, for example:

• publications and citations of your work by other researchers;
• relevant awards or distinctions in your field;
• letters from experts explaining the technical importance of the invention.

Because the EB-1 is evaluated on the overall body of evidence and each case is analyzed individually, it is worth assembling a varied portfolio and confirming current requirements with USCIS or a qualified specialist before filing.

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.