USCIS Requirement for EB1A Original Contribution Criteria

Ramprasad Ohnu

11/17/20232 min read

USCIS has specific requirements and criteria for evaluating a person's business contribution when determining whether they qualify for certain immigration benefits, such as an O-1 visa for individuals with extraordinary ability in their field. Here are the USCIS requirements and considerations for evaluating business contributions:

Original Contributions in the Field: USCIS requires the individual to demonstrate that they have made original contributions in their field. This means that their work or contributions should be unique and not merely a replication of existing knowledge or practices.
Major Significance to the Field: USCIS also requires that these original contributions be of major significance to the field. In other words, the individual's work should have had a notable and substantial impact on the industry or area of expertise.

Examples of Relevant Evidence Include: Any one of the below satisfies the criteria.

Published Materials: Documentation that includes published materials discussing the significance of the person's original work.
Testimonials, Letters, and Affidavits: Statements from experts, colleagues, or peers in the field that affirm the originality and significance of the person's work.
Citations: Evidence that the person's original work has been cited at a level indicative of major significance in the field.
Patents or Licenses: Documentation showing that the person's work has led to patents, licenses, or evidence of commercial use in the field.

Considerations:

Focus on Major, Significant Contributions: USCIS's analysis primarily concentrates on whether the person's original work constitutes major, significant contributions to the field.
Funding, Patents, or Publication Alone May Not Suffice: Mere evidence of funding, patents, or publication, while demonstrating originality, may not be sufficient on their own to establish major significance. USCIS looks for evidence of the work's impact and significance in the field.
Widespread Commentary and High Citations: For example, if the person's published research has provoked widespread commentary and is highly cited in the field, this may be considered probative of the significance of their contributions.
Patented Technologies with Attention or Commercialization: If the person has developed patented technologies that have gained significant attention or have been commercialized, this can establish the significance of their original contributions.
Pending Patents: If a patent is still pending, additional supporting evidence, such as detailed reference letters, may be required to document the originality of the contribution.
Expert Letters: Detailed letters from experts in the field that explain the nature and significance of the person's contribution are valuable for evaluating the original contributions of major significance. These letters should specifically describe the person's contribution and its significance to the field and should outline the basis of the writer's knowledge and expertise.

In summary, USCIS assesses an individual's business contributions by looking for both originality and major significance in their field. They consider various forms of evidence and the impact of the contributions on the respective industry or area of expertise.

USCIS Requirement for EB1A Original Contribution Criteria

Original Contributions in the Field: USCIS requires the individual to demonstrate that they have made original contributions in their field. This means that their work or contributions should be unique and not merely a replication of existing knowledge or practices.

Major Significance to the Field: USCIS also requires that these original contributions be of major significance to the field. In other words, the individual's work should have had a notable and substantial impact on the industry or area of expertise.

Examples of Relevant Evidence Include: Any one of the below satisfies the criteria.

Published Materials: Documentation that includes published materials discussing the significance of the person's original work.

Testimonials, Letters, and Affidavits: Statements from experts, colleagues, or peers in the field that affirm the originality and significance of the person's work.

Citations: Evidence that the person's original work has been cited at a level indicative of major significance in the field.

Patents or Licenses: Documentation showing that the person's work has led to patents, licenses, or evidence of commercial use in the field.

Considerations:

Focus on Major, Significant Contributions: USCIS's analysis primarily concentrates on whether the person's original work constitutes major, significant contributions to the field.

Funding, Patents, or Publication Alone May Not Suffice: Mere evidence of funding, patents, or publication, while demonstrating originality, may not be sufficient on their own to establish major significance. USCIS looks for evidence of the work's impact and significance in the field.

Widespread Commentary and High Citations: For example, if the person's published research has provoked widespread commentary and is highly cited in the field, this may be considered probative of the significance of their contributions.

Patented Technologies with Attention or Commercialization: If the person has developed patented technologies that have gained significant attention or have been commercialized, this can establish the significance of their original contributions.

Pending Patents: If a patent is still pending, additional supporting evidence, such as detailed reference letters, may be required to document the originality of the contribution.

In summary, USCIS assesses an individual's business contributions by looking for both originality and major significance in their field. They consider various forms of evidence and the impact of the contributions on the respective industry or area of expertise.