Navigating EB-1A Challenges: How You Can Leverage Comparable Evidence

Navigating EB-1A Challenges: How You Can Leverage Comparable Evidence

Posted by: Park Evaluations | in ,

By: Hailey Sylvander and Hannah Welbourn

Demonstrating extraordinary ability can be tricky — especially when a candidate’s work doesn’t check the exact boxes that USCIS looks for. This is where “comparable evidence” comes into play.

USCIS states that comparable evidence is applicable when the criteria does not align with the candidate’s occupation, while also noting that if their occupation is more industry focused, using comparable evidence in the criterion’s stead is more appropriate. This is especially important for emerging industries in which a more “traditional” category may not apply.

For instance, an applicant may not have ever appeared in a major trade publication or won an internationally recognized award, but they can submit alternative documentation that is similar in nature. Essentially, even if the candidate’s work doesn’t fit exactly into the criteria, it doesn’t mean it is without merit, and it may still be applicable. Park is equipped to tackle these cases and tailor a letter that demonstrates their qualifications.

For example, a client needed an extraordinary ability letter arguing the scholarly articles criterion. However, since the candidate worked in the tech industry rather than academia, Park was able to argue that “trade shows” or conferences were more suitable to a candidate’s career than scholarly articles. We indicated where the candidate had presented his work (in this case, internationally renowned organizations) and then broke down what they presented at each and its significance. Even though the candidate’s work may not have met USCIS’ literal definitions, we were still able to illustrate their extraordinary ability.

While the criteria for extraordinary ability may seem rigid, Park has the experience and expertise to present a strong, persuasive argument when traditional forms of evidence may not be applicable. Our tailored approach allows you to represent your clients’ qualifications in the best light and help them secure approval.

 

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