To qualify for an
this is called the EB1A original contribution criteria.
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But what does USCIS consider a major contribution? Many applicants assume that publishing research, developing a product, or holding a patent is enough—but USCIS requires clear evidence of impact beyond simply creating something new.
To meet this criterion, you must show that your work:
✅ Introduced new knowledge, technology, or innovation in your field
✅ Has been widely recognized, cited, or implemented by experts and institutions
✅ Has made a major impact on the industry, academia, or society
This guide breaks down what qualifies as an original contribution, what doesn’t, and how to properly document your work for a strong EB1A petition.
PS: If you go through this guide and believe you have a potentially valid case, then don’t hesitate to fill out our free attorney case assessment questionnaire: Click here to access our free EB1A evaluation form!
One of the 10 EB1A criteria is:
“Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.”
To qualify, the contribution must be:
✅ Original – A novel idea, discovery, product, or process that adds to the field
✅ Significant – A contribution that has impacted others at a national or international level
✅ Recognized – Cited, implemented, or acknowledged by other experts in the industry
USCIS is looking for evidence that your work is not just new, but influential in shaping your field.
To meet USCIS standards, an original contribution must have:
✅ A patented invention that has been licensed or commercialized
✅ A new medical treatment, software, or technology that has been widely adopted
✅ A research breakthrough that has been cited in high-impact journals or changed industry practices
✅ A business strategy or financial model that has reshaped an industry
If your contribution falls into one of these categories, it can be a strong factor in your EB1A petition—but documentation is key.
Many applicants assume that simply publishing work or securing a patent is enough, but USCIS rejects cases that lack evidence of impact.
❌ Unpublished or Uncited Research – If no one references or uses your work, USCIS may dismiss it as insignificant.
❌ Patents Without Adoption – A patent alone is not enough; you must show that it has been licensed, used, or referenced.
❌ Routine Work or Incremental Improvements – Standard work in your industry or minor modifications to existing ideas do not qualify.
❌ Company-Specific Projects – If your work only benefits your employer and is not recognized externally, USCIS may reject it.
Even if your work qualifies, you must document its significance properly. Here’s how to strengthen your case:
USCIS often issues RFEs on original contribution claims that lack strong documentation. Here’s how to handle common pushbacks:
💬 RFE: “The contribution is not widely recognized.”
✅ Solution: Provide independent sources, citations, and expert letters proving its adoption and influence.
💬 RFE: “This is a routine contribution.”
✅ Solution: Show that your work goes beyond standard industry practices and has a measurable impact.
💬 RFE: “The petitioner has a patent, but no proof of use.”
✅ Solution: Submit evidence of licensing agreements, product adoption, or industry implementation.
Proving original contributions of major significance is one of the most powerful ways to qualify for EB1A, but it requires solid documentation.
To strengthen your petition, focus on:
✅ Proving that your work is unique and innovative
✅ Demonstrating that your contributions have been widely adopted or cited
✅ Providing letters from experts verifying your impact in the field
If your contributions don’t meet these standards, you’ll need to strengthen other parts of your case. A well-documented petition with multiple strong criteria will always improve your chances of approval.
For additional insights and official resources to strengthen your EB1A Original Contribution Criteria petition, check out these authoritative sources:
These resources can help further validate your case and provide additional guidance on proving the impact and significance of your original contributions for an EB1A petition.
