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USA
July 31, 2024

«Employment in a critical or essential capacity» – Criteria for the U.S. EB-1 Visa

The EB-1A visa is designed for individuals with extraordinary abilities in science, art, education, business, or athletics. To qualify, applicants must meet at least three out of ten criteria. One key criteria for this visa is demonstrating that you have played a critical or leading role in organizations with a distinguished reputation. USCIS emphasizes that it’s not enough to show the importance of your role—you must also prove the organization's reputation where you worked.

Defining Roles


A leading role for the EB-1 visa means that the applicant held a leadership position within the organization, made key decisions, and guided the work of teams or departments. Titles such as CEO, CMO, CTO, or other С-level positions typically qualify, along with responsibilities related to strategic planning and leadership.

A critical role means that the applicant's contributions were vital to the organization’s success, even if they were not in a formal leadership position. The emphasis is on the applicant’s direct impact on the company's performance. For example, a developer whose innovations significantly improved a product could be considered to have played a critical role if their work had a major influence on the company’s success.

Employment Evidence


To prove your employment in the organization for the EB-1 visa, you need to provide a copy of your employment contract or a letter from your employer confirming your position, responsibilities, and dates of employment.


Proving Your Role

To demonstrate that your role was either critical or leading, you can provide job descriptions, contractual responsibilities, and letters from employers detailing your contributions. It's essential to show how your work influenced key performance indicators for the company.


Examples of Roles That May Qualify for EB-1:
  • Founder, senior executive, or another key employee of a company or division.
  • Founder or co-founder of a startup with a distinguished reputation.
  • Developer, product manager, or UX/UI designer who improved key app metrics and performance.
Sample Documents

Documents to support this criteria for the EB-1 visa may include:

  • Job descriptions confirming your duties and authority.
  • Recommendation letters from senior management attesting to your importance within the organization.
  • Reports on projects that clearly show your contribution to the company’s success.
  • Statistical, analytical, and financial documents demonstrating your achievements and their impact on the organization.
  • Press coverage mentioning your role in the company’s projects.

Proving the Organization’s Distinguished Reputation


To demonstrate the organization's outstanding reputation, you can provide:

  • Public information: market research showing the company’s market share, media mentions, rankings, history, longevity, employee count, financial data, and awards.
  • Letters from respected experts or industry leaders confirming the organization’s status and influence.
  • Partnership agreements with major companies.
  • Evidence of participation in significant projects.
  • Proof of substantial funding from government bodies, venture capital funds, or angel investors for startups.

Key Points


Clarity and Simplicity
Your descriptions of projects and roles should be clear and understandable to USCIS officers, who may not be familiar with the technical details of your work.

Multiple Key Positions
If you have held several key positions throughout your career, it's important to include them. Your immigration attorney may recommend listing all or focusing on the most impactful roles. Don’t forget to mention any future positions you’ve been offered by the visa-sponsoring company.

Objective Evidence
Letters from colleagues and supervisors should be supported by objective evidence of your role. Provide facts, metrics, and documents showing how your critical or leading role influenced the organization. For example, project reports or press mentions highlighting your contributions.

The "Critical or Leading Role in an Organization" criteria for the EB-1 visa requires not only significant achievements but also proper documentation to support them. Well-prepared evidence can greatly enhance your chances of success.

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