Millions of people around the globe dream of a life where anyone, regardless of class, race, nationality, or ethnicity, can achieve success, freedom, and equality. The American Dream has evolved over time, but it is an integral part of the American ethos. Approximately 44 million immigrants already reside in the United States. In 2023 alone, on average, the U.S. Citizenship and Immigration Services (USCIS) granted permanent residence to more than 2,300 people and issued nearly 9,200 green cards every day.
U.S. immigration law is extremely complex, and the process becomes more challenging and competitive as the number of applications grows. Among the more difficult visas to obtain are employment-based visas, including the EB-1A and O-1 classifications. An EB-1A visa grants permanent residence while the O-1 visa is temporary and typically lasts one to three years. Known as an Extraordinary Ability Visa, the USCIS reserves this category for those who prove extraordinary ability in science, art, education, business or athletics. Additionally, applicants must convince officials that they will continue to work in their field and that their work will substantially benefit the United States. Further, they must show that they possess “achievements that have been recognized in their field of expertise.” Establishing the applicant’s expertise when applying for an Extraordinary Ability Visa demands strategic steps.
The Best (and Worst) Practices for Establishing Expertise
Navigating the complexity of this process requires staying up to date with current requirements and changing regulations. As publication experts who support immigrating and non-immigrating experts across all industries, we understand what it takes to effectively establish credibility, visibility, and reputability in any marketplace. With only 140,000 employment-based visas available each year, it’s vital to pay attention to the do’s and don’ts to maximize your chances for success:
Do contribute content to relevant industry magazines and journals.
Marketers understand the benefits of publishing bylined articles and other content in trade publications. Getting published can help boost a brand’s visibility, credibility and reputation. Getting published in relevant journals, however, is also critical for business professionals seeking employment-based visas. “Having a collection of published scholarly articles in your EB1 Green Card portfolio can seriously boost your chances of success,” says Chris Ingram of the Law Offices of Chris M. Ingram. “Obviously, if you’re a soccer player or work in a non-technical field, then scholarly articles would not be for you. However, for those who work in business, banking, and STEM fields, being seen by the USCIS as a voice in their field can be a highly persuasive element to their case.”
Bylined articles backed by editors who are also experts in the field are a tangible representation of expertise, recognition and impact. It’s important to ensure the content provides compelling evidence of an individual’s extraordinary abilities to bolster their case for visa approval.
Do clearly specify your area of expertise.
This is a strong starting point that empowers all other efforts. Sophie Alcorn of Alcorn Immigration writes: “The more narrowly defined your field of expertise, the easier it will be to demonstrate that you are at the top of it. Instead of listing biotech entrepreneurship as your field of expertise, narrow it to something like entrepreneurship focused on AI-driven drug discovery. An expert immigration attorney will help you hone your field of expertise and explain other best practices for the O-1A.”
Do secure speaking engagements and hone your presentation materials.
Speaking engagements are a valuable way for thought leaders and other experts to provide value to audiences. Through captivating, empowering and authentic stories and insights, speakers connect meaningfully with key players in their industry. They also enjoy the added benefits of gaining recognition and credibility. Speaking engagements can also help establish enduring business relationships. When it comes to visa applications, ensure you collect and save all relevant presentation materials for documentation.
Do leverage press and media exposure.
Press coverage is different from contributed articles. In this case, the work being published is about you rather than by you. Generating positive visibility and credibility through media exposure demands specific skills, such as crafting effective press releases, and can benefit from the expertise of others. Press releases are a valuable medium for sharing news related to research or scholarly contributions. Well-written press releases encourage journalists, bloggers, and influencers to write a story about you, your topic, or your company.
Do attend industry conferences and conventions.
Speaking at industry events is a powerful way to showcase your expertise, but don’t discount the importance of simply attending relevant conferences and conventions when possible. Whether in-person or virtual, these events are vital opportunities to network with peers, build valuable connections and establish a strong professional presence. They also allow you to learn from other immigrating individuals and experts who understand the nuances of the process.
Don’t undervalue (or under-develop) critical role letters.
Critical role letters are letters of recommendation from individuals who have worked directly with you. In the letters, authors testify to the impact you have had on the organizations or institutions you have worked for. It is essential for these letters to speak to your direct involvement in a project, study, or scholarly contributions. Only include recommendations from individuals who know firsthand about your professional achievements with clarity and specificity.
Don’t expect employment to prove everything.
Title and salary matter when it comes to EB-1 visas. All too often, however, applicants expect their employment to establish their entire case. Your role is one part of the picture, but your impact within a company isn’t the same as influence within an industry. This is why the UCSIS looks for sustained acclaim in your industry. This can be achieved through bylined articles, press and media coverage, speaking engagements and other efforts.
Don’t expect the factors to be the same in every industry.
It’s easy to assume that every applicant is treated the same, but different industries have unique expectations and criteria. Sometimes, there are even incentives for professionals in a specific sector. For example, a recent U.S. order supports the attraction of top talent in artificial intelligence and other critical and emerging technologies at universities, research institutions and private-sector organizations. Not only does this result in policy reform, but it also indicates future process innovations to come.
Don’t rule out industry awards.
The USCIS website gives lofty examples of what constitutes an internationally recognized prize or award for excellence including a Pulitzer Prize, Oscar or Olympic medal. Naturally, most immigrating professionals don’t have these. There are, however, award opportunities within industries and organizations that may not be known to the general public. Research and network with other professionals to identify which awards are most relevant. Then, commit to applying for awards that are appropriate for your expertise.
Don’t fall behind on frequent changes.
Immigration is made up of constantly evolving processes, laws and regulations. It’s no easy task, however, to stay up to date on the constantly changing news. In his weekly newsletter, Keshab Raj Seadie, Esq. breaks down legal updates for visa-seekers. This includes future changes imposed by the USCIS about new policies on extensions and requests for change of status. Most importantly, Seadie explains what these changes mean for visa-seekers of all kinds. “In a move aimed at providing flexibility and understanding, USCIS has updated its Policy Manual to potentially excuse untimely filings under certain conditions. This policy change is pivotal for individuals and petitioners who have encountered extraordinary circumstances preventing timely requests. “This policy update is a critical development for nonimmigrants in the U.S. who have encountered extraordinary circumstances preventing timely filing for an extension of stay or change of status,” says Seadie. “It reflects USCIS’s commitment to flexibility and understanding in the face of unforeseen challenges.”
The Core of Success: Provide Value
Proving expertise is vital for businesses, brands, and professionals alike. That practice becomes even more challenging and represents high stakes when pursuing a U.S. employment visa. At the core, the practice is the same: providing genuine value to the individuals and organizations who need it. Aspiring visa applicants who prioritize publishing, speaking engagements and press exposure maximize their chances of success in securing permanent residency while growing as professionals.
