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EB1 category

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EB-1 is determined by two steps, first you have to meet at least 3 of 10 criteria which is set by the USCIS. You can find these 10 categories in the USCIS website given below



Having a patent will help, but you will need strong evidence for 3 of that 10 criteria


The second step is, the USCIS will determine the merit of your evidence. For example if you say you have Nobel prize, that is of the highest merit. If you say you have a patent, that is good, but has a lesser merit than a Nobel prize. So they will make this merit determination for every piece of evidence you submit. Please know that the government is very stringent on this merit determination. 


If you clear both step 1 and 2, then an EB-1 extraordinary ability will be granted. Please consult with an immigration lawyer who can review your particular lists of evidence and advise you on whether your case is viable. A patent alone does not mean approval

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