Yes, job offer is not necessary for EB1A. But if you are employed, a letter of employment will definitely strengthen your argument of being extraordinary in your field. Of course, if you have very strong evidence like Olympic Gold Medal or Nobel award, it is no longer important. If you are in the States,I am sure you will be asked for a letter upon I-485 application as a friend of mine did. Please refer to the following section from a EB1A package.
The USCIS has repeatedly stated that the significance of each type of evidence must be evaluated by the examiner. This comes from statements that simply providing minimal evidence of three types is not sufficient for EB1-Extraordinary Ability petition approval.
1. To win your petition, good and persuasive arguments need to be presented.
Since the USCIS has not created any checklists, the examiner must be persuaded that your case has merit. If the argument is too long and boring, the examiner will lose interest before understanding the merits of the case. If the argument is too short and unconvincing, the examiner will not be persuaded.
A successful case strikes the right balance between sufficient detail and argument to establish eligibility, without unnecessary repetition or the inclusion of irrelevant facts or arguments. More than any other types of cases, this kind of petition is won or lost on the strength of the arguments presented.
2. If it is possible, seeking your petition with a specific job offer which clearly describes the work that will be done
Technically, job offer is NOT required for EB1-Extraordinary Ability petition. For this reason, it is possible for intending immigrants to self-petition. The way the law is drafted, it is the Labor Certification that is waived, and the job offer is not required also.
A person seeking an EB1-Extraordinary Ability petition must offer persuasive evidence that he or she has engaged in work that his or her performance is excellent. The easiest way to do this is with a specific job offer which clearly describes the work that will be done.
3. Be sure to emphasize the innovative side of your work
The key issue for EB1-Extraordinary Ability petition is how to collect evidence to prove your work is in the top of your field. Your work can be teaching, and it does not have to be research. It is a common understanding, however, that scientific research and technology development keeps this country’s economy strong. So, be sure to emphasize the innovative side of your work.
4. If you do not have many publications, it is not a problem
If you want to apply for green card under EB1-Extraordinary Ability category, but you do not have many publications, it is not a problem. Having many publications are nice, but not necessary.
In fact, there are many applicants who do not have many publications, but have rather strong reference letters and yet get their cases approved. Remember always try to emphasize the significance of your work and your extraordinary performance in the research, do not be discouraged about less publications.
5. Prevailing Wage is not an issue for the petition
Since the Department of Labor is not involved, the "prevailing wage" is not an issue. Obviously, if the salary offered is high, then the overall package will look better. Also, if the salary offered is low, the applicant will have to explain why he or she is earning substantially less than that of his or her peers.
If the answer is that the applicant is engaged in research at an institution where similarly employed researchers are paid similar salaries, then this should not be a problem. Also, if the applicant is working for a non-profit institution, this may explain a low salary. The USCIS will expect a person working for a for-profit entity to earn a salary that is equal to or higher than that paid to similarly qualified professionals working for similar companies.
6. Other important EB1-EA petition strategies and recommendations
1) Reference letters: When collecting evidence, supporting letters submitted by other experts in the field should be carefully screened for statement or implication. The letters should clearly support the specific criterion claimed satisfied. The petitioner should work with people writing support letters, review the letters before they are finalized, and ask the writers to revise the letters if necessary.
2) Published material about the petitioner: Many petitioners presented articles only mentioned petitioner’s name or work as an evidence of "the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media." However, the USCIS has repeatedly stated that citations do not satisfy this requirement.
3) The artist showcase criteria are not for a scientist: As the USCIS has repeated, not all of the criteria are appropriate or apply to every petitioner. One frequent misapplication of a criterion is a petitioner’s assertion of their work being displayed in artist showcases when in fact the petitioner is seeking classification as a scientist or an athlete.
4) Quote the regulations directly to spell out the law: To help ensure that your case will not be wrongfully denied by inexperienced USCIS examiners, when writing the cover letter and/or reference letters, quote the regulations directly to spell out the law for a potentially less-than-informed adjudicator. That way the examiner should not be confused about language or requirements, and it will lead to accurate adjudications on the first try.
5) The regulations for EB1-EA require only three criteria filled: As long as those criteria are well substantiated with primary evidence and strong support. The absence of other criteria should not be the cause for denial.
6) The requirement of establishing national or international claim: There seems to be a confusion among USCIS adjudicators regarding the requirement of establishing national or international claim. The regulation demands "national or international" claim, and the USCIS has no discretion to rule that simply having national, not international, claim in a given field is insufficient to establish extraordinary ability. However, in several cases, the USCIS service centers wrongfully denied the petition because the individual failed to establish international claim.
7) It is important to determine the appropriate time to petition for EB1-EA classification. The USCIS may reject post-filing submissions of evidence. Petitioners must possess the necessary qualifications at the time of the original petition. If a petitioner can wait until after his/her important article published, his/her case will be stronger.
8) For the field of endeavor: It is important to strategically think about and identify the field of endeavor in which the petitioner is seeking extraordinary ability classification. Although the rule is to have the narrowest field possible (i.e. high energy elementary matter physicist vs. physicist), the USCIS might reject such a narrow categorization, and dismiss any evidence submitted in support of extraordinary ability outside the narrow category.
9) The young applicants with short career: The age of the applicant is not mentioned at all in the the federal regulations governing EB1-Extraordinary Ability applications. However, some examiners at the USCIS have shown that they feel that age is a significant factor in determining eligibility. We all know that the age is not an indicator of ability, but the young applicant who wishes to apply for an extraordinary ability green card must be able to show that he or she has been very productive over his or her short career.
The USCIS has repeatedly stated that the significance of each type of evidence must be evaluated by the examiner. This comes from statements that simply providing minimal evidence of three types is not sufficient for EB1-Extraordinary Ability petition approval.
1. To win your petition, good and persuasive arguments need to be presented.
Since the USCIS has not created any checklists, the examiner must be persuaded that your case has merit. If the argument is too long and boring, the examiner will lose interest before understanding the merits of the case. If the argument is too short and unconvincing, the examiner will not be persuaded.
A successful case strikes the right balance between sufficient detail and argument to establish eligibility, without unnecessary repetition or the inclusion of irrelevant facts or arguments. More than any other types of cases, this kind of petition is won or lost on the strength of the arguments presented.
2. If it is possible, seeking your petition with a specific job offer which clearly describes the work that will be done
Technically, job offer is NOT required for EB1-Extraordinary Ability petition. For this reason, it is possible for intending immigrants to self-petition. The way the law is drafted, it is the Labor Certification that is waived, and the job offer is not required also.
A person seeking an EB1-Extraordinary Ability petition must offer persuasive evidence that he or she has engaged in work that his or her performance is excellent. The easiest way to do this is with a specific job offer which clearly describes the work that will be done.
3. Be sure to emphasize the innovative side of your work
The key issue for EB1-Extraordinary Ability petition is how to collect evidence to prove your work is in the top of your field. Your work can be teaching, and it does not have to be research. It is a common understanding, however, that scientific research and technology development keeps this country’s economy strong. So, be sure to emphasize the innovative side of your work.
4. If you do not have many publications, it is not a problem
If you want to apply for green card under EB1-Extraordinary Ability category, but you do not have many publications, it is not a problem. Having many publications are nice, but not necessary.
In fact, there are many applicants who do not have many publications, but have rather strong reference letters and yet get their cases approved. Remember always try to emphasize the significance of your work and your extraordinary performance in the research, do not be discouraged about less publications.
5. Prevailing Wage is not an issue for the petition
Since the Department of Labor is not involved, the "prevailing wage" is not an issue. Obviously, if the salary offered is high, then the overall package will look better. Also, if the salary offered is low, the applicant will have to explain why he or she is earning substantially less than that of his or her peers.
If the answer is that the applicant is engaged in research at an institution where similarly employed researchers are paid similar salaries, then this should not be a problem. Also, if the applicant is working for a non-profit institution, this may explain a low salary. The USCIS will expect a person working for a for-profit entity to earn a salary that is equal to or higher than that paid to similarly qualified professionals working for similar companies.
6. Other important EB1-EA petition strategies and recommendations
1) Reference letters: When collecting evidence, supporting letters submitted by other experts in the field should be carefully screened for statement or implication. The letters should clearly support the specific criterion claimed satisfied. The petitioner should work with people writing support letters, review the letters before they are finalized, and ask the writers to revise the letters if necessary.
2) Published material about the petitioner: Many petitioners presented articles only mentioned petitioner’s name or work as an evidence of "the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media." However, the USCIS has repeatedly stated that citations do not satisfy this requirement.
3) The artist showcase criteria are not for a scientist: As the USCIS has repeated, not all of the criteria are appropriate or apply to every petitioner. One frequent misapplication of a criterion is a petitioner’s assertion of their work being displayed in artist showcases when in fact the petitioner is seeking classification as a scientist or an athlete.
4) Quote the regulations directly to spell out the law: To help ensure that your case will not be wrongfully denied by inexperienced USCIS examiners, when writing the cover letter and/or reference letters, quote the regulations directly to spell out the law for a potentially less-than-informed adjudicator. That way the examiner should not be confused about language or requirements, and it will lead to accurate adjudications on the first try.
5) The regulations for EB1-EA require only three criteria filled: As long as those criteria are well substantiated with primary evidence and strong support. The absence of other criteria should not be the cause for denial.
6) The requirement of establishing national or international claim: There seems to be a confusion among USCIS adjudicators regarding the requirement of establishing national or international claim. The regulation demands "national or international" claim, and the USCIS has no discretion to rule that simply having national, not international, claim in a given field is insufficient to establish extraordinary ability. However, in several cases, the USCIS service centers wrongfully denied the petition because the individual failed to establish international claim.
7) It is important to determine the appropriate time to petition for EB1-EA classification. The USCIS may reject post-filing submissions of evidence. Petitioners must possess the necessary qualifications at the time of the original petition. If a petitioner can wait until after his/her important article published, his/her case will be stronger.
8) For the field of endeavor: It is important to strategically think about and identify the field of endeavor in which the petitioner is seeking extraordinary ability classification. Although the rule is to have the narrowest field possible (i.e. high energy elementary matter physicist vs. physicist), the USCIS might reject such a narrow categorization, and dismiss any evidence submitted in support of extraordinary ability outside the narrow category.
9) The young applicants with short career: The age of the applicant is not mentioned at all in the the federal regulations governing EB1-Extraordinary Ability applications. However, some examiners at the USCIS have shown that they feel that age is a significant factor in determining eligibility. We all know that the age is not an indicator of ability, but the young applicant who wishes to apply for an extraordinary ability green card must be able to show that he or she has been very productive over his or her short career.
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