EB1-A - Doubt

[Netinho22 0]

Hi, My name is Michel. I am new to the platform.

 

I am applying EB1. I have a question. I am in the business sector.

 

Can I use the criterion "Evidence that your work has been exhibited in artistic exhibitions or showcases" for the keynotes, conferences, and seminars I have given during my career?

 

I know it says "artistic", but if I use according to 8 CFR 204.5(h)(4) - "If the above standards do not readily apply to the recipient's occupation, the applicant may present comparable evidence to establish the recipient's eligibility?

 

Wouldn't that be a valid attempt?

 

Thanks.

 

Michel.

[SteveInBostonI130 3,471]

What did your company's lawyer say?

Edited December 27, 2022 by SteveInBostonI130
added "company" for clarification

[Netinho22 0]

I don’t have a lawyer, I am doing by myself.

[Boiler 45,770]

EB1a is not diy, well unless your business is Immigration law

 

Obviously covers a wide area of extraordinary ability so the examples used will be wide and not appropriate to all applications.

[jan22 3,056]

17 hours ago, Michel Neto said:

I don’t have a lawyer, I am doing by myself.

If so, you must be filing under "Extraordinary Ability", as the other categories for EB-1 require an employer-based petition.  IMO, it would not be good to force your information under that descriptor when there are other choices that are a better fit.  The one you cited is only one of ten "Criteria for Demonstrating Extraordinary Ability" -- you need to be able to demonstrate your extraordinary achievements in at least three of the ten.  You should pick ones that better match your area of expertise.  The seminars and presentations you describe wouks fit better under such categories as:

• Evidence of your membership in associations in the field which demand outstanding achivement of their members.
• Evidence of your original...business-related contributions of major significance...
• Evidence of your performance in a leading or critical role in distinguished organizations.

Your exampless of presentations, etc that you have done could be used in any of the criterIa cited above.  Hopefully, you have other examples of your achievements besides "...keynotes, conferences, and seminars..." that you would be able to use to meet other criteria (e.g., awards or prizes, publications, scholarly articles, etc) that are listed in:

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

 

The potential to submit "comparable evidence" that you cited is for documentation that you want to submit for your field of extraordinary ability which does not fit within any of the established criteria, not to force it into an existing criteria that it doesn't match.  The problem with doing that is you need to not only show that what you submit shows extraordinary ability within the area, but also that the area itseIf helps defines national or international acclaim worthy of recognition in your area of expertise.  If you are not able to organize the documentation of your extraordinary abilities/achievements to fit the existing criteria, you may want to consult an attorney well-versed in preparing EB-1 applications.

[Netinho22 0]

1 hour ago, jan22 said:

If so, you must be filing under "Extraordinary Ability", as the other categories for EB-1 require an employer-based petition.  IMO, it would not be good to force your information under that descriptor when there are other choices that are a better fit.  The one you cited is only one of ten "Criteria for Demonstrating Extraordinary Ability" -- you need to be able to demonstrate your extraordinary achievements in at least three of the ten.  You should pick ones that better match your area of expertise.  The seminars and presentations you describe wouks fit better under such categories as:

• Evidence of your membership in associations in the field which demand outstanding achivement of their members.
• Evidence of your original...business-related contributions of major significance...
• Evidence of your performance in a leading or critical role in distinguished organizations.

Your exampless of presentations, etc that you have done could be used in any of the criterIa cited above.  Hopefully, you have other examples of your achievements besides "...keynotes, conferences, and seminars..." that you would be able to use to meet other criteria (e.g., awards or prizes, publications, scholarly articles, etc) that are listed in:

https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

 

The potential to submit "comparable evidence" that you cited is for documentation that you want to submit for your field of extraordinary ability which does not fit within any of the established criteria, not to force it into an existing criteria that it doesn't match.  The problem with doing that is you need to not only show that what you submit shows extraordinary ability within the area, but also that the area itseIf helps defines national or international acclaim worthy of recognition in your area of expertise.  If you are not able to organize the documentation of your extraordinary abilities/achievements to fit the existing criteria, you may want to consult an attorney well-versed in preparing EB-1 applications.

Thank you for your kind message.

Actually I have 5 other criteria well documented (800 pages).

As my field is business related, my artistic asset is my knowledge, by association, business people present their art in conferences, lectures, roadshows etc.  However I am not sure about it, so I brought this question to collect some different perspectives.

Thank you again.