Critical or Essential Capacity

Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

USCIS determines whether the person has performed in a leading or critical role for an organization, establishment, or a division or department of an organization or establishment.

Examples of relevant evidence may include, but are not limited to:

• Faculty or research position for a distinguished academic department or program;
• Research position for a distinguished non-academic institution, government or quasi-governmental entity, or company;
• Principal or named investigator for a department, institution, or business that received a merit-based government award, such as an academic research or Small Business Innovation Research (SBIR) grant;
• Member of a key committee or high-performing team within a distinguished organization;
• Founder or co-founder of, or contributor of intellectual property to, a startup business that has a distinguished reputation; and
• Critical or essential supporting role for a distinguished organization or a distinguished division of an institution, government or quasi-governmental entity, or company, as explained in detail by the director or a principal investigator of the relevant organization or division.

To show a critical role, the evidence should establish that the beneficiary has contributed in a way that is of significant importance to the organization or establishment’s activities. To show an essential role, the evidence should establish that the beneficiary’s role is (or was) integral to the entity. A leadership role in an organization often qualifies as critical or essential. USCIS considers other factors, such as whether the beneficiary’s performance in the role is (or was) integral or important to the organization or establishment’s goals or activities, especially in relation to others in similar positions within the organization.

It is not the title of the beneficiary’s role, but rather the beneficiary’s duties and performance in the role that determines whether the role is (or was) critical or essential. Detailed letters from persons with personal knowledge of the significance of the beneficiary’s role can be particularly helpful in analyzing this criterion. The organization need not have directly employed the beneficiary. Similarly, a letter or other documentation from an interested government agency, including a quasi-governmental entity, can serve as relevant evidence if it demonstrates that the agency or entity either funds the beneficiary or funds work in which the beneficiary has a critical or essential role, and explains this role in the funded work.

Second, USCIS determines whether the organization or establishment, or the department or division for which the person holds or held a leading or critical role, has a distinguished reputation. Relevant factors for evaluating the reputation of an organization or establishment can include the scale of its customer base, longevity, or relevant media coverage. For academic departments, programs, and institutions, officers may also consider national rankings and receipt of government research grants as positive factors in some cases. For a startup business, officers may consider evidence that the business has received significant funding from government entities, venture capital funds, angel investors, or other such funders commensurate with funding rounds generally achieved for that startup’s stage and industry, as a positive factor regarding its distinguished reputation.