Are you enjoying the EB-1 series that the “Sethi and Mazaheri” law firm has been bringing for you lately? Here, we are back with yet another article of the EB-1 series explaining the criterion, “Evidence of Your Performance of a Leading or Critical Role in Distinguished Organizations.”
Before collecting evidence as a foreign national seeking to claim the “Lead or Critical Role” criteria, there are a few things to consider. USCIS opined that in evaluating the evidence for a leading or critical role, one must examine the position for which the foreign national has been hired or appointed to fill the organization or establishment.
The evidence should show that the foreign national has been in a leadership position or has contributed to significantly impacts the outcome of the organization or establishment’s activities. It is not the title of the foreign national’s role but rather the foreign national’s performance in the role that determines whether the role was leading or critical. In addition, a key question may be whether the foreign national’s role was leading or critical to the organization as a whole.
Let us discuss the essential elements of the criterion:
What do you mean by an organization or establishment having a distinguished reputation?
The regulation mentions that you should perform a leading or critical role in a reputed organization or establishment. What USCIS is looking for is that the organization or establishment must have a distinguished recognition in their field of work. That is, there must be pieces of evidence in support of your petition which can prove that the organization or establishment qualifies under this criterion.
For example, you can attach proof that your organization or establishment has been considered among top rankings in their field of work if they have been listed in some journals or reports. Likewise, any previous awards received for the products or services or evidence of control over the industry can be submitted as pieces of evidence to prove that the organization or establishment has a distinguished reputation.
The factors like the size or longevity of the organization or establishment are less relevant as the vital determination is made on the distinguished reputation in their field of work.
After you have determined that the organization or establishment enjoys a distinguished reputation, you can focus on satisfying the later part of the criterion that you have performed a critical or leading role in such an organization or establishment.
What is Leading or Critical Role in Distinguished Organizations and how can you satisfy it?
As the word suggests, you should be playing a role leading some group, project, or team. An organization or establishment has a hierarchy of employees assigned different functions according to the organization’s needs. If you want to satisfy the USCIS Officer about your leading role, you must prove your leadership skills and tactical ability to make decisions in difficult situations.
For example, you could be a project manager handling difficult and complex projects in your organization or establishment that the lower managers do not generally deal with. You are leading a team of people, assigning them duties, checking the work, and ensuring that the project is completed within the deadline given to you. Your position would arguably be a leading position, adding value to the organization or establishment. Other examples would include you handing important departments in big organizations or establishments with senior managers etc.
Remember, the USCIS Officer wants to see the situations when your position has played a crucial role in the organization’s functions.
What is a critical role, and how can you satisfy it?
Compared to proving one’s leading role in an organization or establishment, confirming that your role has been critical is not easy and often becomes complicated for the petitioners. That is why taking help from an experienced immigration attorney often rescues you from the complexity.
Critical means that your role is essential in the growth of the organization or establishment. You don’t need to hold a title or a position at the organization; instead, the assessment is done whether your contributions have impacted the organization or establishments at large, whether economically, structurally, or socially.
For example, the degree of impact you had on the organization’s or establishment’s overall productivity, i.e., suppose as an independent contractor you have developed software for the organization that has increased its reach worldwide. If the organization or establishment gets it patented and converts the value to millions, you have played a critical role in its success. The essential degree of contribution will be considered based on your position and subjective based on individual interpretations.
This criterion requires substantial evidence to prove your credibility as a leading or critical role in a reputed organization or establishment. In this article, we have covered the questions we mainly asked regarding establishing this criterion. We hope that this article is worth reading for you and has cleared your doubts about this criterion.
Immigration attorneys at Sethi and Mazaheri law firm aim to help people with their visa applications and guide them on their usually face problems. If you have any other doubts about this criterion or any other criterion for an EB-1 visa, you can message us directly. Our experienced immigration attorneys will be delighted to guide you through the entire process and be a part of the successful approval of your visa application.