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The EB1A (extraordinary ability) category has become incredibly tough (and much tougher than the O-1). Before doing anything, I would recommend that the individual get his or her background evaluated because it's a lot more and lot more nuanced than having patents or published papers or judging events. Just to avoid spending time on things that won't really lead to an approval.


It can be very difficult to draw a through line or see a pattern in the EB1A adjudications. What's clear, however, is that it's a much higher standard than it used to be. It used to be similar to the O-1 standard but now USCIS wants to see a lot more than just meeting the required three criteria; it wants to see external/third-party evidence that the applicant is set apart from most of his or her peers through, for example, the purchase of a company founded by the applicant, the widespread use of a product developed by the applicant, the receipt of a major national or international award, publications with lots and lots of citations, extensive media coverage in major media, keynote/major invited conference speaking engagements, very high base and total compensation, etc.




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