The Right Mindset to Conquer EB1-A

EB1-A

Ashwin Thota

6/23/20246 min read

It's been a year since I was awarded the EB1-A visa, and I still remember the time when I became familiar with this visa category. I tried to read and understand the evidentiary criteria and read multiple articles from various attorneys' websites. I didn’t know where to begin and how to approach this visa category. USCIS looks for several things in an EB1-A applicant, and you can read more about that here.

You probably heard from several EB1-A recipients about their success stories, what criteria they claimed, etc. But what about the journey? Are there specific traits you can develop to position yourself to be a successful applicant? What is the right mindset one needs to have to go after EB1-A?

Through my journey and as one of the few who received EB1-A and EB2- NIW, I realized that securing an EB1-A visa is not just about meeting the criteria; it's about embodying a mindset that drives extraordinary achievement. As an accomplished data science leader who successfully navigated the EB1-A process, I've learned that mindset is the key differentiator between those who succeed and those who don't. Here's what I've found to be essential:

Belief in Your Exceptionalism

The journey to an EB1-A begins with an unwavering belief in your extraordinary capabilities. I know most of us are raised to be humble and not brag about our accomplishments. This is not the time to be humble. If you have done something rare and impacted your field, you should realize that USCIS wants to know about it. After all, if USCIS wants to sponsor you a green card, they want to know what's so great about you that compels them to give a green card in an expedited fashion compared to other categories.

The mistake I see many applicants make is to think that they haven’t done anything extraordinary like that. I thought the same way too. But, I achieved significant success at my workplace; I led and developed several projects that helped organizations save millions of dollars. I should have done something right; why am I failing to realize my value? This question helped me a lot—I started asking myself, why was I given that promotion? Why did I receive that fat bonus? I started documenting the tasks, projects, and initiatives I led that helped organizations, my peers, and my field become successful.

This belief isn't arrogance; it's a recognition of your unique contributions and potential to stand out. For example, as a data scientist, if you’ve developed an innovative algorithm that significantly improves predictive accuracy in your industry, you need to acknowledge and highlight that impact. Documenting such achievements with a confident mindset will help you build a strong case. Remember, the EB1-A is about showcasing how you stand out from your peers, so believing in your unique value is crucial.

Don't Chase the Evidentiary Criteria

I am now satisfying 3 out of 10 criteria; how can I claim judging? Does IEEE Sr. Membership count? Can I write articles on Medium? Can I make YouTube videos? These are common questions EB1-A aspirants often ask me. While there is nothing wrong with this approach, it often leads to aspirants manufacturing evidentiary criteria that don’t fit with their holistic profile. Are you trying to publish in peer-reviewed journals because other PhDs are doing it? Are you applying suddenly to IEEE Sr. Membership because you read somewhere that it will help you with claiming the membership criterion? Please don’t do this, it will not take you anywhere. Instead, think about what will help you grow in your career. What articles, blogs, or papers do you read to advance your work?

While it’s important to be aware of the EB1-A criteria, don’t become obsessed with ticking off boxes. Instead, focus on your genuine achievements and how they naturally align with the criteria. For instance, instead of trying to publish papers in a hurry to meet the publication requirement, focus on producing high-quality white papers or implementation articles that garner attention in your field. If your work leads to a patent or is implemented by major companies, it naturally fits into the criteria without forced efforts. Authenticity in your achievements is more compelling than contrived evidence.

Focus on Defining Extraordinary for Your Field

If there is one thing that can significantly improve your EB1-A chances, it’s spending time to articulate your field of endeavor. In the context of the EB1-A visa, the term "field" refers to your area of expertise or professional domain. The EB1-A criteria include requirements such as:

Evidence of your membership in associations in the field which demand outstanding achievement of their members.
Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media.

The "field" can encompass various disciplines like data science, biology, engineering, or any specialized area of work.

I feel USCIS has deliberately left the definition of "field" open-ended to account for the vast and diverse range of professions and specialties. This flexibility allows applicants from emerging and interdisciplinary areas to qualify under the EB1-A criteria without being constrained by rigid definitions. For instance, in the rapidly evolving field of data science, new specializations and roles are constantly emerging, and a narrow definition could exclude deserving candidates.

Here is why you need to take time to define your field:

Your achievements and contributions will be evaluated within the context of your field. If your field is too broadly defined, it might dilute the impact of your specific accomplishments. Conversely, if it’s too narrowly defined, it might not adequately capture the breadth of your expertise.
A clear definition helps USCIS adjudicators understand the standards and benchmarks within your field. This clarity can assist them in assessing whether your achievements truly stand out.
When you have a well-defined field, you can more effectively present evidence that is directly relevant and compelling. For example, in data science, extraordinary could mean developing a novel machine learning model that sets new benchmarks, publishing influential research papers, or leading a transformative data analytics project.

Just Start and Don’t Overthink

The first task I give my EB1-A aspirants is to write about themselves. Why do they think they are successful in their career, and why do they believe they are extraordinary? I ask this question because this is where I wasted a lot of time in my journey. Overthinking about the EB1-A process. Trying to go through each evidentiary criterion and thinking, "Man, I don’t have this criterion." "There is no way I can get 1,000 citations; forget about this." Well, my friends, I figured out a solution for this—WRITE!

Writing really helps! Start with documenting the highs in every project you worked on. Notice how I am not using “employer”? Articulate the problem you solved in this project, how it directly or indirectly impacted your company’s bottom line, what your contribution was to this project, and why you think knowing more about this can be useful to the United States.

Once you’ve done the above exercise, you should be able to find a few threads to communicate your achievements. The next step you can take is to inculcate the habit of writing—start small with LinkedIn or Medium articles. Write a few articles to understand your writing style and discover the topics you are most passionate about. Once you’ve got a few articles under your belt, start reaching out to medium-tier publications and then to top-tier ones. Always remember you are building your career as well and not just your EB1-A profile. Enjoy the pride in doing things the right way. Building an EB1-A profile is a marathon and definitely not a sprint.

The key is to make progress, however small, and refine your approach as you go along. Over time, these small steps will build a comprehensive and compelling case.

Seeking Guidance from the Right People

Navigating the EB1-A process can be complex. Seeking guidance from individuals who have successfully secured their visas and who specialize in immigration law can be immensely beneficial. I can’t stress the importance of associating with the right immigration attorneys enough. There are numerous attorneys who didn’t want to work with me because I don’t have a PhD or thousands of citations. They will make it sound like it is impossible to secure an EB1-A without a PhD or numerous citations. My recommendation is to go with attorneys who don’t follow a template-based approach. The attorney you choose should invest time in understanding who you are, your unique strengths, your weaknesses, and should come up with a unique strategy.

Similarly, in my discussions with prospects, I take an approach that builds on their unique profile. It's about discovering who you are, carving out a plan to grow your contributions to your field, and obtaining career growth and EB1-A as an outcome!