USCIS Requirement for EB1A Critical Role Criteria

USCIS requirements for evaluating whether a person has performed in a leading or critical role for an organization, establishment, or a division or department within an organization or establishment, and whether that organization or division has a distinguished reputation. Here are the USCIS requirements and considerations based on the passage:

First, USCIS determines whether the person has performed in a leading or critical role for an organization, establishment, or a division or department of an organization or establishment.

• Leading or Critical Role Examples: USCIS provides examples of roles that may qualify, including senior faculty or senior research positions at distinguished academic departments, principal investigators for organizations receiving merit-based government awards, key committee members within distinguished organizations, founders or co-founders of reputable startups, or any role in a leading or critical capacity for a distinguished organization or division.

• Evaluation of Role: USCIS evaluates whether the person's role is leading or critical. For leading roles, they consider if the evidence establishes that the person is a leader within the organization or department. For critical roles, they examine whether the person's contributions are of significant importance to the organization's or department's activities, regardless of the title.

• Supporting Role as Critical: Even a supporting role can be considered critical if the person's performance in that role is important. The title itself is not the sole determining factor; it's the person's actual contribution and performance in the role that matter.

• Letters from Persons with Personal Knowledge: In this criterion, USCIS acknowledges that letters from individuals with personal knowledge of the person's role can be particularly helpful. These letters should provide detailed and probative information about the person's role and how it was leading or critical. Such letters can come from employers.

Second, USCIS determines whether the organization or establishment, or the department or division for which the person holds or held a leading or critical role, has a distinguished reputation.

• Reputation Assessment: USCIS assesses whether the organization, establishment, department, or division has a distinguished reputation. The size or longevity of the organization alone is not a determining factor. Instead, USCIS considers various factors, such as customer base, media coverage, national rankings for academic entities, receipt of government research grants, or significant funding for startups.

• Startup Business Reputation: In the case of a startup business, USCIS may consider evidence of significant funding from government entities, venture capital funds, angel investors, or other funders, commensurate with funding rounds typical for that startup's stage and industry.

• Definition of "Distinguished": USCIS references the definition of "distinguished" from Merriam-Webster's online dictionary, indicating that the organization, department, or division should be marked by eminence, distinction, or excellence and befitting an eminent person.

In summary, USCIS requires evidence that the person has performed a leading or critical role and that the organization or division in question has a distinguished reputation. The evaluation considers the specific role, the significance of the person's contributions, and the reputation of the entity, using various forms of evidence, including letters from individuals with personal knowledge.