Criterion 5: Original contributions

What the USCIS Policy Manual says

Criterion 5: Evidence of the beneficiary's original scientific, scholarly, or business-related contributions of major significance in the field. First, USCIS determines whether the person has made original contributions in the field. Second, USCIS determines whether the original contributions are of major significance to the field. Examples of relevant evidence may include, but are not limited to: - Published materials about the significance of the beneficiary’s original work; - Testimonials, letters, and affidavits about the beneficiary’s original work and its significance in the field; - Documentation that the beneficiary’s original work was cited at a level indicative of major significance in the field; - Documentation that the beneficiary’s original work was published in a scholarly journal of distinguished reputation in the field; - Patents or licenses deriving from the beneficiary’s work; - Evidence of commercial use of the beneficiary’s work, such as commercialization of a research innovation; - Contributions to repositories of software, data, designs, protocols, or other technical resources with evidence of significant scientific, scholarly, or business-related impact in the field; and - A letter or other documentation from an interested government agency, including a quasi-governmental entity, that explains in detail the significance of the individual’s original work to the field, especially as related to the funding interests and mission of the agency or entity. Considerations: Analysis under this criterion focuses on whether the beneficiary’s original work constitutes major, significant contributions to the field. Evidence that the beneficiary’s work was funded, patented, or published, while potentially demonstrating the work’s originality, will not necessarily establish, on its own, that the work is of major significance to the field. However, published research that has provoked widespread commentary on its importance from others working in the field, and documentation that it has been highly cited relative to other works in that field, may be probative of the significance of the beneficiary’s contributions to the field of endeavor. Similarly, evidence that the beneficiary developed a patented technology that has attracted significant attention or commercialization may establish the significance of the beneficiary’s original contribution to the field. If a patent remains pending, USCIS will likely require additional supporting evidence to document the originality of the beneficiary’s contribution. Detailed letters from experts in the field explaining the nature and significance of the beneficiary’s contribution(s) may also provide valuable context for evaluating the claimed original contributions of major significance, particularly when the record includes documentation corroborating the claimed significance. Submitted letters should specifically describe the beneficiary’s contribution and its significance to the field and should also set forth the basis of the writer’s knowledge and expertise.