While it’s not easy to gain approval for any visa petition based on extraordinary ability, and applicants should be realistic before deciding whether to apply for a green card on this basis, it is also important to think outside the box. While many applicants base their petitions on their extraordinary ability in the arts or sciences, it is possible also to apply based on unusually impressive business skills, which may include proficiency and innovation in the area of social media. The communications world is changing so rapidly and there are so many alien innovators and entrepeneurs whose tech savvy with social media can potentially support an EB-1 application. For example, someone who has invented an app that is taking the country by storm, or that performs a unique and “how did I live without it?” function, is certainly making an original contribution that others can attest to in a letter of reference. Of course, it is always important to satisfy at least 3 out of the 10 criteria that USCIS lists for eligibility, such as winning an international or major national prize, participating as a judge of others’ work, etc. But the EB-1 category is also meant to be somewhat flexible, and proof of any other comparable evidence, if compelling enough, is important to consider. Just make sure your application doesn’t assume that adjudicators are familiar with the social media world. It’s up to you (and your attorney) to show the government how your contribution to social media is changing the world.
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