Can Startup Founders Qualify for EB-1A? [Yes — Here’s How]

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If you’re a startup founder, CEO, or entrepreneur wondering whether you can qualify for an EB-1A Extraordinary Ability Green Card, the answer is YES so long as your achievements demonstrate sustained national or international acclaim. Many founders think EB-1A is only for scientists or PhDs but that’s a myth. In recent years, USCIS has approved EB-1A green cards for tech founders, investors, product innovators, and startup executives who can show significant impact and leadership in their field.

Here’s what you need to know and how to build a winning EB-1A petition as a startup founder.

What Is the EB-1A Green Card for Extraordinary Ability?

The EB-1A green card is a first-preference immigrant visa for individuals who have risen to the very top of their field in business, science, arts, education, or athletics. It allows you to self-petition (no employer sponsor required) and offers fast processing, often leading to green card approval in months.

Startup founders qualify if they can show:

  • Original contributions of major significance in business or technology,
  • Leadership or critical role in a distinguished organization, and
  • Evidence of recognition at a national or international level.

Can Entrepreneurs and Startup Founders Really Get EB-1A?

Absolutely. Startup founders can and do qualify for EB-1A. USCIS recognizes entrepreneurial innovation and leadership as extraordinary ability if you can prove your impact, influence, and success.

Our firm has obtained EB-1A approvals for:

  • Founders who raised venture capital or government innovation grants,
  • Startup CEOs featured in media and tech publications,
  • Founders with patents, awards, or unique technology, and
  • Entrepreneurs who built startups with national or international reach.

What EB-1A Criteria Fit Startup Founders Best?

USCIS has 10 criteria for EB-1A and you need to meet at least three, but we recommend building evidence for four to six. Here are the most common EB-1A criteria that apply to startup founders:

  1. Original Contributions of Major Significance
    • Innovative technology, product, or business model that changed an industry or attracted large user adoption.
  2. Leading or Critical Role in a Distinguished Organization
    • CEO, co-founder, or key executive role in a company recognized for excellence, funding, or market disruption.
  3. Published Material About You or Your Company
    • Media coverage in outlets like TechCrunch, Forbes, or Business Insider highlighting your achievements.
  4. High Salary or Equity Compensation
    • Earning or equity valuation above industry average.
  5. Judging the Work of Others
    • Participation as a startup competition judge, accelerator mentor, or peer reviewer.
  6. Membership in Prestigious Organizations
    • Acceptance into selective startup programs

What if I Don’t Have Awards or Publications?

You can still qualify. USCIS allows startup founders to meet EB-1A criteria without academic publications or formal awards. If your business impact, innovation, and leadership clearly demonstrate distinction.

For example:

  • Founders with venture capital backing or major partnerships can satisfy multiple criteria.
  • Revenue growth, industry adoption, or innovation patents often meet the “original contribution” requirement.

How Long Does EB-1A Take for Founders?

With premium processing, USCIS can decide your EB-1A petition within 15 calendar days. Once approved, you can:

  • Adjust status to a green card inside the U.S., or
  • Apply for an immigrant visa abroad.

Founders often use EB-1A to move from startup visas (O-1, H-1B, or E-2) to permanent residency.

How Can an Immigration Lawyer Help Startup Founders Win EB-1A?

Our office will:

  • Identify which criteria best fit your background,
  • Help you build a strong case,
  • Draft persuasive legal arguments and letters of support, and
  • Structure your business achievements to meet USCIS’s extraordinary ability standard.

Our firm has successfully represented tech founders, venture-backed entrepreneurs, and startup executives in Silicon Valley, New York, and worldwide.

Ready to Build Your EB-1A Case?

If you’re a startup founder or entrepreneur with proven success, innovation, or leadership, you may already qualify for the EB-1A extraordinary ability green card. Don’t risk a denial with a weak or incomplete filing. Let us craft a powerful EB-1A strategy for you. Contact us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation.

We’ve helped countless entrepreneurs achieve EB-1A approval and we can help you too.

INA §212(a)(6)(C)(ii): False Claim to US Citizenship — FAQs and Legal Solutions

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Few immigration violations are as serious as a false claim to US citizenship. Under INA §212(a)(6)(C)(ii), any noncitizen who falsely represents themselves as a US citizen for any immigration or benefit purpose is permanently inadmissible to the United States. This is a lifetime bar with very limited exceptions. If you’ve been accused of a false claim to citizenship, it’s critical to understand the law and your options. Below are the most common FAQs about INA 212(a)(6)(C)(ii) and strategies to fight it.

What Is INA §212(a)(6)(C)(ii)?

INA §212(a)(6)(C)(ii) states that any noncitizen who falsely represents themselves as a US citizen for any purpose under immigration law, or to obtain a federal or state benefit, is permanently inadmissible.

What Are Examples of False Claims to US Citizenship?

  • Checking the “US citizen” box on a Form I-9 for employment eligibility.
  • Claiming to be a US citizen at the border to gain entry.
  • Registering to vote or actually voting in a US election.
  • Using a US passport, birth certificate, or Social Security number fraudulently.
  • Applying for federal student loans restricted to citizens.

Is 212(a)(6)(C)(ii) a Lifetime Ban?

Yes. Unlike many other grounds of inadmissibility, a false claim to citizenship generally results in a permanent, lifetime bar from entering or staying in the US.

Are There Any Exceptions to 212(a)(6)(C)(ii)?

There are very limited exceptions, including:

  1. False claims made before September 30, 1996 (when the law took effect).
  2. Claims made by minors who can show they did not understand the nature of the false claim.
  3. Claims made by mistake or without willful intent. For example, checking the wrong box accidentally without intent to deceive.
  4. Certain cases involving US citizen parents where the applicant reasonably believed they were a US citizen.

Can I Get a Waiver for 212(a)(6)(C)(ii)?

Generally, no immigrant waiver exists for a false claim to US citizenship. This makes it one of the toughest immigration violations. However, legal strategies may include:

  • Challenging the accusation by showing you never made the false claim.
  • Proving the alleged misrepresentation was not material or not “willful.”
  • Arguing that the exception for minors or mistaken claims applies.

What Are the Consequences of a False Claim to US Citizenship?

  • Green Card Denial or Rescission if USCIS finds you falsely claimed citizenship.
  • Visa Denial at U.S. consulates.
  • Removal Proceedings if discovered after you’ve entered the US.
  • Permanent Bar to adjustment of status or naturalization.

Can I Ever Become a US Citizen After a False Claim?

In most cases, no. A false claim to US citizenship makes you permanently ineligible for naturalization unless you can prove an exception applies.

Should I Hire a Lawyer If I’m Accused of 212(a)(6)(C)(ii)?

Yes and immediately. This is one of the most unforgiving grounds of inadmissibility. An experienced immigration attorney can:

  • Review your records to confirm whether USCIS’s allegation is accurate.
  • Gather evidence to prove an exception applies.
  • Challenge the finding in waiver requests, motions, or appeals (where possible).
  • Defend you in request for more evidence (RFE), Notice of Intent to Deny (NOID), Notice of Intent to Revoke (NOIR) and Notice of Intend to Rescind (NOIR).

Your Path to Approval Starts with the Right Legal Team

A false claim to US citizenship under INA 212(a)(6)(C)(ii) is a life-changing allegation that can result in a permanent bar to US immigration. But not all cases are clear cut. Exceptions and legal defenses may apply. If you’ve been accused of making a false claim to US citizenship, don’t wait. Contact our office at 305-515-0613 or email info@messersmithlaw.com today. Our attorneys have successfully defended clients in complex misrepresentation cases and can help explore your best legal options.

Top 5 Reasons EB-1 Green Card Applications Get Denied And How to Avoid Them

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The EB-1 Green Card is one of the fastest and most prestigious US immigration options for individuals with extraordinary ability, multinational executives, or outstanding professors and researchers. But despite strong qualifications, many EB-1 petitions are denied. Understanding the top reasons EB-1 green card applications get denied and how to avoid them can significantly increase your chances of success.

Below are the most frequently asked questions (FAQs) about EB-1 denials and strategies to prevent them.

What Are the Top 5 Reasons EB-1 Green Card Applications Get Denied?

  1. Weak Evidence of Extraordinary Ability
    • USCIS requires detailed documentation. Simply having achievements is not enough, they must be proven with strong evidence such as press articles, contracts, or industry recognition.
  2. Failure to Meet Three Criteria
    • For EB-1A, you must meet at least three of the ten criteria (judging, membership, high salary, leading role, etc.). Many applicants fail to document them correctly.
  3. Problems with the Final Merits Determination
    • Even if you meet three criteria, USCIS applies a final merits analysis. If they don’t believe your career demonstrates sustained acclaim, they may deny the case.
  4. Inconsistencies or Misrepresentation
    • Discrepancies in resumes, employment history, or prior visa applications can trigger INA §212(a)(6)(C)(i) misrepresentation findings and result in denial.
  5. Poor Legal Strategy or Self-Filing
    • Many applicants file pro se (without an attorney) and underestimate how USCIS scrutinizes EB-1 cases. Weak legal arguments or disorganized evidence presentation often lead to denials.

Can I Reapply After an EB-1 Denial?

Yes. Many applicants succeed on a second filing, especially when they work with an experienced EB-1 lawyer. A denial does not bar you from reapplying, but you must strengthen your evidence and address USCIS concerns.

How Can I Avoid an EB-1 Denial?

  • Work with an experienced EB-1 attorney.
  • Collect comprehensive evidence for at least 4–5 criteria (not just 3).
  • Prepare a strong legal brief explaining why your work has national or international significance.
  • Ensure all documents are consistent with your past immigration history.
  • Anticipate USCIS’s final merits determination and build arguments accordingly.

What If My EB-1 Was Already Denied?

You have options:

  • Motion to Reconsider (MTR) if USCIS made an error in applying the law.
  • Motion to Reopen (MTR) if you have new evidence.
  • Appeal to the AAO if the denial was based on a misinterpretation.
  • Refiling a stronger petition with additional evidence.

Should I Hire a Lawyer for My EB-1 Green Card?

Yes. EB-1 is one of the most heavily scrutinized green card categories. USCIS officers are trained to challenge evidence, and without a carefully crafted petition, even qualified applicants get denied. we can:

  • Identify the strongest criteria for your case.
  • Organize evidence to meet USCIS standards.
  • Draft persuasive legal arguments.
  • Prevent mistakes that often lead to denial.

Don’t Risk a Denial. Let Us Fight for Your Green Card

The EB-1 green card offers a fast path to permanent residence, but denials are common when petitions lack strategy or strong evidence. By understanding the top 5 reasons EB-1 applications get denied and working with an experienced EB-1 lawyer you can significantly improve your chances of approval.

If you’ve received a denial or are preparing your EB-1 petition, contact us today at 305-515-0613 or email info@messersmithlaw.com. We have successfully helped thousands of clients secure EB-1 approvals, and we can help you too.

INA §212(a)(6)(C)(i): Misrepresentation in US Immigration FAQs and Solutions

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Being found inadmissible under INA §212(a)(6)(C)(i) is one of the most serious challenges in US immigration law. This section of the Immigration and Nationality Act applies when USCIS or the Department of State determines that a person willfully misrepresented a material fact in order to obtain a visa, green card, or other immigration benefit.

If you or a loved one has been accused of misrepresentation or fraud under INA 212(a)(6)(C)(i), it’s critical to understand what this law means and how to fight it. Below are the most common FAQs about this ground of inadmissibility.

What Is INA §212(a)(6)(C)(i)?

INA §212(a)(6)(C)(i) states that any person who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has procured) a visa, admission into the US, or any immigration benefit, is inadmissible for life. In short: If USCIS finds you lied or concealed important information, you may be permanently barred from getting a visa or green card.

What Counts as “Misrepresentation”?

Misrepresentation can include:

  • Falsifying information on Form DS-160, DS-260, or I-485
  • Using fake employment letters, bank records, or academic documents
  • Claiming a false marital status or family relationship
  • Failing to disclose prior visa denials, deportations, or immigration violations
  • Listing fraudulent employment (such as “Findream” or other fake OPT employers)
  • Misrepresenting intent at a visa interview (saying you’re visiting but actually planning to stay permanently)

What Is a “Material Fact”?

A fact is considered material if it would have influenced USCIS or a consular officer’s decision to grant or deny your visa or green card.

Example:

  • Forgetting to list a minor traffic ticket is usually not material.
  • Concealing prior unlawful presence or misrepresenting employment is material, and can trigger 212(a)(6)(C)(i).

Is 212(a)(6)(C)(i) a Lifetime Ban?

Yes. A finding of misrepresentation under this section creates a lifetime bar from entering the US or obtaining a green card. However, we have successfully helped many people overcome it through legal challenges or waivers.

How Can You Overcome INA 212(a)(6)(C)(i)?

Options may include:

  1. Challenge the Finding
    • If USCIS or the consulate made a mistake, we can argue that no misrepresentation occurred or that the fact was not material.
  2. I-601 Waiver of Inadmissibility
    • If you have a U.S. citizen or permanent resident spouse or parent, you may apply for a fraud/misrepresentation waiver by showing extreme hardship to your qualifying relative.
  3. I-601A Provisional Waiver (if unlawful presence also applies)
    • In some cases, you may need both a fraud waiver and unlawful presence waiver.
  4. Reopening or Appealing Your Case
    • If the finding was incorrect or based on weak evidence, we can fight it through motions, appeals, or rescission challenges.

What Are Common Examples of 212(a)(6)(C)(i) Cases?

  • OPT Fraud: A student listed fake companies (like Findream) as OPT employers. USCIS alleged misrepresentation, but with legal evidence, some applicants have kept their green cards.
  • Marriage Fraud Allegations: A green card holder accused of entering a sham marriage but later proved the relationship was bona fide.
  • Visa Application Errors: Applicants denied for failing to disclose prior overstays or visa denials.

Can I Still Get a Green Card With 212(a)(6)(C)(i)?

Yes, but only if you successfully fight the finding or obtain a waiver. Without legal help, most applicants will face denial or rescission of status.

Should I Hire a Lawyer for 212(a)(6)(C)(i) Issues?

Absolutely. This is one of the most complex and high-stakes areas of immigration law. An experienced attorney can:

  • Review your case to see if USCIS’s finding is valid.
  • Gather evidence to challenge the misrepresentation.
  • Prepare a hardship waiver application if needed.
  • Defend you in rescission or removal proceedings.

Your Path to Approval Starts with the Right Legal Team

Being accused of fraud or misrepresentation under INA 212(a)(6)(C)(i) is overwhelming, but it does not have to end your immigration journey. With the right legal strategy, evidence, and waiver applications, many people successfully keep or obtain their U.S. green card. If you’re facing a 212(a)(6)(C)(i) misrepresentation finding, contact us today at 305-515-0613 or email info@messersmithlaw.com. We have successfully fought these cases and helped clients preserve their lawful status in the US.

CBP Detention: What It Means and How to Get Legal Help Fast

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If your family member, friend, or colleague has been detained by US Customs and Border Protection (CBP) at the airport, border, or seaport, time is critical. CBP detention can lead to expedited removal, visa cancellation, or even long term immigration bans if handled incorrectly. We have helped hundreds of clients protect their immigration future. Below are the most frequently asked questions about CBP detention and how we can help.

What Is CBP Detention?

CBP detention occurs when CBP officers hold a traveler for questioning or secondary inspection upon entry into the United States. During detention, officers review your immigration history, visa validity, and intent of travel. Depending on what they find, you could be:

  • Released and admitted,
  • Refused entry, or
  • Placed in expedited removal proceedings.

Why Do Travelers Get Detained by CBP?

There are many reasons CBP may decide to detain someone, including:

  • Suspected misrepresentation or fraud under INA §212(a)(6)(C)(i)
  • Using the wrong visa type (for example, working on a tourist visa) INA §212(a)(7)(A)(i)(I)
  • Overstays or prior deportation orders INA §212(a)(9)(A),INA §212(a)(9)(B) INA §212(a)(9)(C)
  • Criminal history INA §212(a)(2)(A)(i)(I), INA §212(a)(2)(C)(i), INA §212(a)(2)(C)(ii),
  • Security concerns INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii), INA §212(a)(3)(B)
  • ESTA refusal or visa revocation 22 CFR § 41.122
  • Inconsistent answers during inspection INA §212(a)(6)(C)(i)
  • False claim to U.S. citizenship INA §212(a)(6)(C)(ii)
  • Alien smuggling INA §212(a)(6)(E)
  • Prostitution INA §212(a)(2)(D)(i)
  • Travel from high-risk or watchlisted countries INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii),INA §212(a)(3)(B)

Even minor misunderstandings can lead to CBP secondary inspection or detention, so it’s vital to have an experienced immigration lawyer prepare you before you travel or assist you immediately.

How Long Can CBP Detain a Traveler?

CBP detention can last from a few hours to several days, depending on the complexity of your case. If officers suspect a serious violation, they can:

  • Hold you for extended questioning,
  • Cancel your visa,
  • Issue an expedited removal order (Form I-860) Pursuant to section 235(b)(1) of the Immigration and Nationality Act (Act), (8 U.S.C. 1225(b)(1), or
  • Transfer you to ICE custody for longer detention.

What Are Your Rights in CBP Detention?

If you or your loved one is detained by CBP:

  • You have the right to remain silent if questions could lead to self incrimination.
  • You have the right to request an immigration attorney before signing anything.
  • Signing an expedited removal order without understanding it can result in a 5-year or lifetime ban from entering the US.
  • Contact us immediately at 305 515 0613 or email us at info@messersmithlaw.com

What Is Expedited Removal Under CBP Detention?

Under INA §235(b)(1), CBP can summarily deport individuals found to have committed misrepresentation or entered without valid documents.

This is called expedited removal, and it:

  • Does not require a hearing before an immigration judge,
  • Takes effect immediately, and
  • Carries a five-year reentry bar or longer.

With legal help, you may be able to stop expedited removal by proving lawful intent, correcting record errors, or requesting withdrawal of admission under counsel supervision.

How Can an Immigration Lawyer Help in a CBP Detention Case?

Our attorneys act fast to:

  • Locate your detained family member and speak with CBP or ICE directly.
  • Request for immediate release or deferred inspection.
  • Submit supporting documents to resolve discrepancies.
  • Prevent expedited removal or visa cancellation.
  • Arrange humanitarian parole in exceptional circumstances.

We have successfully helped clients detained at JFK, LAX, Miami, Atlanta, DFW, Chicago O’Hare, and U.S.-Mexico border crossings.

What Should I Do If My Family Member Is Detained by CBP?

  1. Stay calm. Do not argue or call CBP repeatedly.
  2. Gather key details: traveler’s full name, date of birth, nationality, flight number, and passport number.
  3. Contact us immediately at 305 515 0613.
  4. Avoid social media posts about the case.
  5. Do not attempt to contact CBP directly. Attorneys can communicate more effectively through official channels.

Can Green Card Holders Be Detained by CBP?

Yes. Even lawful permanent residents (LPRs) can face CBP detention if officers believe they:

  • Stayed outside the US too long (abandonment of residency),
  • Have a criminal record that may trigger INA §212(a)(2)(A)(i) and/or INA §212(a)(2)(C)(i), INA §212(a)(2)(C)(ii) inadmissibility,
  • National security concerns INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii),INA §212(a)(3)(A)(iii), INA §212(a)(3)(B),
  • Made false statements on prior immigration forms INA §212(a)(6)(C)(i).
  • Membership in Totalitarian Party INA §212(a)(3)(D)

Our firm regularly helps green card holders fight rescission and preserve permanent resident status.

What Happens After CBP Detention?

After detention, the traveler may be:

  • Ordered to withdraw their application for admission, placed on the next flight home and visa canceled without prejudice,
  • Placed in expedited removal with 5 year ban,
  • Given deferred inspection,
  • Transferred to ICE custody for further review,
  • In the rare situation being admitted.

Legal representation can mean the difference between release and deportation.

We Can Help You or Your Loved One Out of CBP Detention

If someone you know has been detained by CBP, contact us immediately.

We will be able to:

  • Stop expedited removal,
  • Communicate with CBP and ICE,
  • Request immediate release, and
  • Protect your right to enter or remain in the US.

Call us now at 305-515-0613 or email info@messersmithlaw.com for 24/7 emergency assistance.
We handle CBP detention cases nationwide from airports to land borders and have helped countless families reunite and avoid deportation.

Sample EB-1 RFE Response Strategy: What USCIS Expects in 2025

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Receiving a Request for Evidence (RFE) on your EB-1 extraordinary ability green card petition can be stressful. While an RFE is not a denial, it is an opportunity to strengthen your case and address USCIS concerns. In 2025, USCIS continues to apply stricter review standards for EB-1 petitions. Knowing what officers expect and how to respond can make the difference between approval and denial. Below, we answer the most frequently asked questions (FAQs) about EB-1 RFE responses and share strategies that work in 2025.

What Is an EB-1 RFE?

An RFE is a notice from USCIS stating that your EB-1 green card petition lacks sufficient proof. Instead of denying your case, USCIS gives you the chance to submit additional documents or legal arguments.

Why Did I Get an EB-1 RFE?

Common reasons include:

  • Weak documentation of extraordinary ability criteria (media coverage, judging, original contributions).
  • Lack of evidence for a leading or critical role in your organization.
  • Questions about whether your work has national or international acclaim.
  • Inconsistencies with prior immigration filings or resumes.
  • Failure to satisfy the final merits determination standard.

What Does USCIS Expect in an EB-1 RFE Response in 2025?

In 2025, USCIS expects:

  • Clear, organized evidence addressing each concern raised.
  • Objective third party proof, such as media articles, industry statistics, or letters from independent experts.
  • Detailed recommendation letters showing how your work impacts the industry.
  • Legal arguments that connect your evidence directly to USCIS’s EB-1 criteria.
  • Evidence that demonstrates sustained national or international recognition, not just isolated achievements.

What Should a Strong EB-1 RFE Response Include?

A successful EB-1 RFE response should include:

  • Cover letter/brief outlining your legal arguments.
  • Organized exhibits (labeled and indexed for USCIS review).
  • New or stronger evidence of extraordinary ability.
  • Clarifications for any inconsistencies USCIS identified.
  • Extra criteria evidence to go beyond the minimum three, strengthening your case.

Can You Provide a Sample EB-1 RFE Response Strategy?

Yes while every case is different, here’s a sample strategy:

  1. Identify USCIS concerns (“USCIS states that your media coverage is insufficient”).
  2. Address each concern directly (submit additional independent media articles, circulation data, and expert commentary).
  3. Add supplemental evidence to strengthen weaker areas (for example, if “high salary” was questioned, add industry reports comparing your pay).
  4. Cite USCIS policy and case law to support why your evidence qualifies.
  5. Organize the response so officers can easily follow your arguments.

How Much Time Do I Have to Respond?

Typically, USCIS gives you 87 days to respond to an EB-1 RFE. Missing the deadline almost always results in denial.

Can I Win an EB-1 Case After an RFE?

Yes. Many applicants win EB-1 approvals after an RFE. In fact, some of the strongest cases come after USCIS challenges applicants to provide clearer, stronger evidence.

Should I Hire a Lawyer for My EB-1 RFE?

Yes. Responding to an RFE is often more complex than the original filing. We can:

  • Review the RFE and identify weaknesses.
  • Gather new, targeted evidence.
  • Draft persuasive legal arguments.
  • Organize your response for maximum impact.

Don’t Risk a Denial. Let Us Fight for Your Green Card

An EB-1 RFE in 2025 is not the end of the road. It’s an opportunity to rebuild and win your case. With the right response strategy, many applicants overcome RFEs and achieve EB-1 approval. If you’ve received an EB-1 RFE, don’t take chances. Contact us at 305-515-0613 or email info@messersmithlaw.com today. We have successfully responded to EB-1 RFEs and won approvals for clients worldwide.

How to Qualify for the EB-1A Green Card Without Awards or Publications

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Many professionals mistakenly believe the EB-1A extraordinary ability green card is only for Nobel Prize winners, Olympic athletes, or academics with dozens of publications. The truth is, you can qualify for EB-1A without awards or publications if you strategically present your achievements under USCIS’s criteria.

Below, we answer the most frequently asked questions (FAQs) about how to win an EB-1A green card without relying on prizes or scholarly articles.

Do You Need Awards or Publications for EB-1A?

No. Awards and publications are just two of the ten evidentiary criteria USCIS lists for EB-1A eligibility. You only need to prove at least three criteria plus show that your achievements demonstrate extraordinary ability and sustained national or international acclaim.

What Are the EB-1A Criteria I Can Use Instead?

Here are strong alternatives if you don’t have awards or publications:

  • Judging the Work of Others (peer review, conference panel, competition judge)
  • Membership in Elite Associations (where admission is based on achievements, not just fees)
  • Original Contributions of Major Significance (products, innovations, patents, or methods widely adopted in your field)
  • Leading or Critical Role in a distinguished organization (executive, director, founder, team lead)
  • High Salary or Compensation compared to others in your field
  • Media Coverage and Press Recognition about your work
  • Commercial Success (adoption of your product, app, business, or artistic work in the marketplace)

Who Has Qualified for EB-1A Without Awards or Publications?

  • Tech Executive: Approved by showing leadership in launching global products, high compensation, and critical role in a Fortune 500 company.
  • Entrepreneur: Won EB-1A by proving original business contributions, strong media features, and industry adoption of her product.
  • Athlete: Lacked international awards but succeeded with evidence of competition results, press recognition, and judging roles.

Is It Harder to Qualify for EB-1A Without Awards or Publications?

Not necessarily. While awards and publications are strong evidence, many professionals qualify using alternative criteria. What matters most is how your achievements are presented and documented.

What If I Only Meet Two EB-1A Criteria?

Unfortunately, meeting only two is not enough. However, many applicants overlook evidence that could satisfy other criteria. We can help identify qualifying evidence in your career that you may not realize counts under USCIS standards or help you build a stronger case to meet EB-1A criteria.

How Important Is the Final Merits Determination?

Even if you meet three or more criteria, USCIS will apply a final merits determination. This means they will evaluate whether your overall career shows extraordinary ability and sustained acclaim. A strong legal argument is essential here.

Do I Need a Lawyer for an EB-1A Without Awards or Publications?

Yes, it is highly recommended. Without obvious evidence like awards or publications, your petition must rely on a strategic presentation of alternative criteria. An immigration attorney can:

  • Analyze your career to identify qualifying evidence.
  • Help you build a strong EB-1A case.
  • Draft persuasive legal arguments tying your work to “extraordinary ability.”
  • Anticipate USCIS objections and address them upfront.
  • Maximize your chances of approval even without traditional credentials.

Your Path to Approval Starts with the Right Legal Team

You do not need awards or academic publications to win an EB-1A green card. Many executives, entrepreneurs, athletes, and professionals succeed by demonstrating leadership roles, high salaries, original contributions, and recognition in their industries.

If you’re considering an EB-1A but worried about lacking publications or awards, don’t let that stop you. Contact us today at 305-515-0613 or email info@messersmithlaw.com. We have helped clients without traditional credentials successfully secure approval and we can help you too.

I-485 Notice of Intent to Deny (NOID): What It Means and How to Respond

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Filing Form I-485, Application to Register Permanent Residence or Adjust Status, is one of the most important steps toward getting a US green card. But sometimes, instead of an approval, applicants receive a Notice of Intent to Deny (NOID). If you received an I-485 NOID, don’t panic. It’s not a denial yet, but it does mean USCIS has found serious issues with your case. Responding properly can make the difference between approval and denial.

Below are the most frequently asked questions about the I-485 NOID and how to handle it.

What Is an I-485 NOID?

An I-485 Notice of Intent to Deny is a letter from USCIS informing you that they plan to deny your green card application unless you can provide new evidence or legal arguments within a short timeframe (usually 30 days). Unlike a Request for Evidence (RFE), which means USCIS needs more information, a NOID means USCIS believes your case is not approvable as it stands.

Why Did I Receive a NOID on My I-485?

Common reasons for an I-485 NOID include:

  • Alleged marriage fraud or insufficient proof of a bona fide marriage (for marriage-based green cards).
  • Inadmissibility under INA §212, such as misrepresentation (212(a)(6)(C)(i)), unlawful presence (212(a)(9)(B)), or criminal grounds.
  • Employment history or status violations, especially if you overstayed or worked without authorization.
  • Public charge concerns, if USCIS believes you cannot support yourself financially.
  • Discrepancies or misrepresentation in your application or prior immigration filings.

How Serious Is an I-485 NOID?

Very serious. A NOID means USCIS is preparing to deny your green card application. If you do not respond or if your response is weak your case will almost certainly be denied, and you may even be placed into removal proceedings.

How Long Do I Have to Respond?

Typically, USCIS gives you 30 days from the date of the NOID to respond. This is a strict deadline. If you miss it, your I-485 will likely be denied automatically.

What Should I Include in My Response?

A strong NOID response should include:

  • Legal arguments citing immigration law, USCIS policy, and case precedents.
  • Supporting documents.
  • Explanations for discrepancies in your history or filings.
  • Mitigating evidence if inadmissibility grounds apply.

Can I Win My Case After a NOID?

Yes. We assisted many applicants successfully overcome a NOID with the right legal strategy. In fact, some of our clients received approvals after we prepared comprehensive responses with evidence USCIS could not ignore.

Should I Hire a Lawyer for an I-485 NOID?

Absolutely. An I-485 NOID is one of the last opportunities to save your green card application. Immigration law is complex, and a poorly prepared response can close the door on your case. As an experienced immigration law firm, we can:

  • Review USCIS’s allegations carefully.
  • Identify weaknesses in their reasoning.
  • Collect and organize persuasive evidence.
  • Draft a legal brief tailored to your situation.
  • Ensure your response is timely and complete.

Don’t Risk a Denial. Let Us Fight for Your Green Card

An I-485 Notice of Intent to Deny is not the end but it’s your final chance to save your green card application. If you’ve received a NOID, time is critical. Contact our office immediately at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We have successfully helped clients overcome NOIDs and secure their green cards, and we can help you too.

EB-5 Visa: How Investors Can Get a US Green Card Through the EB-5 Program

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The EB-5 Immigrant Investor Program is one of the fastest and most reliable ways to obtain a US green card for yourself and your family. By investing in the American economy and creating jobs, foreign investors can secure permanent residency and a path to US citizenship.

If you are considering the EB-5 program, here’s everything you need to know about EB-5 eligibility, investment requirements, processing, and how an EB-5 immigration lawyer can help you succeed.

What Is the EB-5 Visa Program?

The EB-5 visa was created by Congress in 1990 to stimulate the US economy through job creation and capital investment. It allows foreign nationals to invest in a qualifying US business or regional center project and, in return, receive lawful permanent resident status (a green card) for themselves, their spouse, and unmarried children under 21.

EB-5 Visa Requirements

To qualify for the EB-5 visa, you must meet specific requirements:

  • Investment Amount: $900,000 if the project is in a Targeted Employment Area (TEA), or $1,800,000 for non-TEA projects.
  • Job Creation: The investment must create at least 10 full time jobs for US workers.
  • Lawful Source of Funds: You must prove that your investment capital comes from legal sources such as salary, business profits, property sales, or inheritance.
  • At Risk Investment: Your funds must be “at risk” for the purpose of generating return and creating jobs.

EB-5 Visa Benefits

Choosing the EB-5 program has many advantages:

  • Green card for your whole family (spouse + children under 21).
  • No employer sponsorship required.
  • Live, work, or retire anywhere in the US.
  • Path to US citizenship after 5 years of permanent residency.
  • Education opportunities – Children can attend US schools and universities at resident tuition rates.

EB-5 Process Step by Step

  1. Select an EB-5 Project – Either invest directly or through a USCIS approved regional center.
  2. File Form I-526E – The EB-5 investor petition with USCIS.
  3. Conditional Green Card – If approved, you and your family receive 2-year conditional permanent residency.
  4. File Form I-829 – To remove conditions after proving job creation.
  5. Permanent Green Card – Once conditions are removed, you hold permanent resident status.

Common Challenges in EB-5 Cases

While the EB-5 program is attractive, many investors face challenges, including:

  • Proving lawful source of funds across international transfers.
  • USCIS Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
  • Delays due to visa retrogression (especially for China and India).
  • Complicated project structures with unclear job creation data.

This is why working with an experienced EB-5 immigration lawyer is critical to success.

How an EB-5 Immigration Lawyer Can Help

Our EB-5 attorneys guide investors through every stage:

  • Evaluating eligibility and investment options.
  • Preparing a strong source of funds report.
  • Filing Form I-526E and Form I-829 with complete documentation.
  • Responding to USCIS RFEs, NOIDs, or audits.
  • Protecting your family’s green card throughout the process.

Take Action Now to Secure Your Immigration Future

If you wish to pursue an EB-5 green card, contact us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. We will help you understand your options and take the right steps to secure your future in the United States.

Refused Entry for ESTA Travelers: What It Means and How to Avoid It

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Many international visitors use the Electronic System for Travel Authorization (ESTA) to enter the United States under the Visa Waiver Program (VWP). While ESTA offers a quick and convenient way to travel, it does not guarantee entry. Every year, some travelers with an approved ESTA are refused entry at the US border.

If this happens to you, it’s stressful and confusing. But understanding why ESTA travelers are denied entry and what to do next can help protect your ability to travel to the US in the future.

Can You Be Refused Entry With an Approved ESTA?

Yes. Even if your ESTA is approved, US Customs and Border Protection (CBP) officers have the authority to deny you entry at the port of entry. ESTA only gives you permission to board a plane or ship, the final decision happens when you arrive in the United States.

Common Reasons ESTA Travelers Are Refused Entry

Travelers using ESTA may be refused entry for many reasons, including:

  • Suspicion of immigrant intent – If a CBP officer believes you intend to stay permanently rather than return home. (Often linked to INA §212(a)(7)(A)(i)(I) and INA §212(a)(7)(A)(i)(II): not possessing proper immigrant documentation.)
  • Inconsistent answers during inspection – Giving contradictory or unclear information during questioning can raise red flags which often led to misrepresentation INA §212(a)(6)(C)(i).
  • Previous visa denial or overstays – Past violations may make you inadmissible under INA §212(a)(9)(B) for unlawful presence or INA §212(a)(6)(C)(i) for misrepresentation.
  • Criminal history or prior immigration violations – Certain convictions or immigration fraud can lead to inadmissibility under INA §212(a)(2)(A)(i)(I), INA §212(a)(2)(C)(i) and INA §212(a)(2)(C)(ii), INA §212(a)(6)(E), and INA §212(a)(9)(C).
  • Wrong type of travel – Attempting to work, study, or reside long term on ESTA is not permitted. CBP may cite INA §212(a)(7)(B)(i)(I) and INA §212(a)(7)(B)(i)(II) for not having the correct visa.
  • Security concerns flagged – Travelers flagged in government databases may be denied under INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii), INA §212(a)(3)(A)(iii) and INA §212(a)(3)(B) (security and related grounds).

What Happens If You’re Denied Entry on ESTA?

If you are refused entry:

  • You may be questioned extensively by CBP.
  • You may be put on the next flight back to your country of origin.
  • The refusal may be recorded in your immigration history, impacting future travel.
  • In some cases, you may face expedited removal INA §235(b)(1)(A)(i) and be given a form I-860, which carries a 5-year bar from reentry.

How to Avoid ESTA Refusal at the Border

  1. Know the limits of ESTA – ESTA is only for short term tourism, business meetings, or transit.
  2. Be truthful – Hiding any information or provide false information can all lead to ESTA refusal and misrepresentation INA §212(a)(6)(C)(i) determination
  3. Consider a visa – If you’ve had prior issues, we can assist you in applying for an appropriate visa such as a B-1/B-2 visitor visa to give you the best chance for approval.

What to Do After ESTA Refusal

  • If you were refused entry on ESTA, the next steps are critical. A refusal can affect not only your ability to travel under the Visa Waiver Program but also your future US visa applications. Here’s what you should do:
  • Don’t try to reapply for ESTA right away – In most cases, once you’ve been refused entry, future ESTA applications will be denied.
  • Understand your record – An ESTA refusal may be logged as an expedited removal under INA §235(b)(1), which can create a 5-year or longer reentry bar.
  • Call us at 305 515 0613 immediately – We can analyze the reason for your refusal and determine the best way forward.
  • Prepare for the next step – Many travelers must switch from ESTA to applying for a B-1/B-2 visitor visa with strong documentation to prove eligibility.
  • Every case is different. Acting without legal guidance can make things worse.

FAQs About ESTA Refusal

1. Does ESTA refusal mean I’m banned from the US?
Not always. It depends on whether you were refused entry informally or removed under expedited removal.

2. Can I reapply for ESTA after being refused entry?
In most cases, once you’re refused entry, future ESTA applications are denied. You will likely need to apply for a visa instead.

3. Do I need a lawyer if I was refused entry on ESTA?
Yes. We can review your case, help you understand the reason for refusal, and guide you on future visa applications.

Take Action Now to Protect Your Immigration Future

Being refused entry on ESTA can be upsetting, but it doesn’t always mean you can never visit the United States again. With the right strategy, whether applying for a visitor visa, gathering stronger documentation, or working with us, you can still protect your ability to travel.

If you were refused entry on ESTA, don’t take risks with your future travel. Contact us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. We will help you understand your options and take the right steps to restore your ability to travel to the United States.