How to Apply for a 212(a)(6)(C)(i) Fraud or Misrepresentation Waiver (I-601)

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If you’ve been found inadmissible under INA §212(a)(6)(C)(i) for fraud or willful misrepresentation of a material fact, you’re facing one of the most serious immigration issues possible. But here’s the good news: in many cases, you can still apply for a waiver (Form I-601) and overcome the bar to admission. Keeping your green card or continuing your path to permanent residence.

Below are answers to the most frequently asked questions (FAQs) about the 212(a)(6)(C)(i) fraud waiver, eligibility, and success strategies.

What Is INA §212(a)(6)(C)(i)?

Under Immigration and Nationality Act (INA) Section 212(a)(6)(C)(i), any foreign national who willfully misrepresents a material fact to obtain a visa, admission, or immigration benefit is inadmissible to the United States for life. This means that even small misstatements or omissions on visa applications, DS-160s, green card forms, or interviews can trigger this ground of inadmissibility.

Examples include:

  • Listing fake or exaggerated employment history (Findream cases)
  • Submitting false documents or information to the US embassy
  • Using another person’s identity or altered visa
  • Failing to disclose prior visa refusals, marriages, or arrests

Who Can Apply for a 212(a)(6)(C)(i) Waiver?

Not everyone qualifies but you may be eligible if you can prove extreme hardship to a qualifying relative who is a:

  • US citizen or lawful permanent resident spouse, or
  • US citizen or lawful permanent resident parent.

What Form Do You File for a Fraud or Misrepresentation Waiver?

You must file Form I-601, Application for Waiver of Grounds of Inadmissibility, with supporting evidence showing:

  1. A qualifying relative exists (US citizen or LPR spouse or parent), and
  2. That denying your entry would cause extreme hardship to that relative.

What Is “Extreme Hardship” for a 212(a)(6)(C)(i) Waiver?

USCIS defines extreme hardship as more than the normal difficulties that families face from separation.
You must show the totality of circumstances, such as:

  • Serious medical conditions of your qualifying relative
  • Financial dependency or loss of income
  • Mental health or psychological hardship
  • Country conditions abroad
  • Educational or family disruption

The stronger and more documented your hardship evidence, the better your chances of success.

Your Path to Approval Starts with the Right Legal Team

Many waiver denials occur because the applicant did not present a strong hardship argument or lacked attorney guidance. Both can be corrected. If you need an I-601 waiver, don’t risk delays or denials. Call us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. We will help you craft a powerful application and take immediate steps to approve your case.

EB1A Green Card for Directors of Operations and Global Supply Chain Executives

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How Top Operations Leaders Qualify for Extraordinary Ability Immigration

Directors of Operations and Global Supply Chain Executives are increasingly among the strongest candidates for the EB1A Extraordinary Ability Green Card. USCIS has long recognized that individuals who drive operational excellence, global logistics, multimillion-dollar supply chains and strategic corporate expansion can demonstrate extraordinary ability through their real-world business impact.

At The Messersmith Law, we help operations leaders and supply chain executives prove their influence, secure EB1A approvals and obtain permanent residence without an employer sponsor. Many clients come to us after receiving RFEs, NOIDs, or even denials from other attorneys, and we have successfully turned their cases around.

Why Operations and Supply Chain Executives Qualify for EB1A

Business leaders often believe that EB1A is only for scientists or athletes. This is not true.
Operations and supply chain executives regularly meet the EB1A standard because their work delivers:

  • Measurable organizational transformation
  • Multinational process optimization
  • Global system implementations
  • Revenue impact at enterprise scale
  • Industry influence through innovation and best practices

If you have led global teams, managed highly complex supply chains, improved corporate performance, or guided large scale operational systems, you may already qualify.

EB1A Criteria That Operations Leaders Commonly Meet

1.Original contributions of major significance
2.Leading or critical role in a distinguished organization
3.High salary or compensation
4.Published material about you or your work
5.Judging or evaluating others.

Success Stories From Our Clients

Case 1

A Director of Operations for a Fortune 100 retailer came to us after another lawyer failed to prove the significance of her work. We rebuilt the case, added stronger executive letters and demonstrated her measurable impact on global logistics. Her EB1A was approved in premium processing.

Case 2

A Global Supply Chain Executive overseeing procurement and vendor strategy for more than 60 international markets received a NOID after he handled the filing himself. We prepared a detailed legal brief and additional evidence showing his influence across continents. USCIS approved the petition without further questions.

Case 3

A Senior Manufacturing Operations Leader responsible for automation and process innovations across multiple plants in the United States and Asia self filed and received an RFE. After retaining my firm, we provided industry expert testimony and demonstrated adoption of his systems at multiple facilities. His EB1A was approved within two weeks.

Our Systems Will Save You Time and Money

  • No employer sponsorship needed
  • Faster green card process
  • No labor certification required
  • You control your own immigration filing
  • Premium processing available

If you are a Director of Operations, VP of Supply Chain, Global Logistics Executive or Operations Transformation Leader, you may be far more qualified for EB1A than you think. We have extensive experience in winning EB1A cases for business professionals. We know how to convert business leadership achievements into USCIS-recognized evidence.

Same day consultations are available for urgent matters.

Contact us today for a consultation.
Email: info@messersmithlaw.com
Phone: 305-515-0613

INA §237(a)(1)(A): What It Means and How to Fight Deportability Charges

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If you or a loved one is facing removal proceedings, you may see INA §237(a)(1)(A) listed as the basis for deportation. This section of immigration law is one of the most commonly charged grounds of removability, and it often comes as a shock especially to people who believed they entered the US legally.

The good news: many §237(a)(1)(A) cases are defensible, and in the right circumstances, removal can be avoided. At The Messersmith Law Firm, we regularly help clients challenge deportability findings, correct government errors, and secure relief that allows them to remain in the United States.

What Is INA §237(a)(1)(A)?

INA §237(a)(1)(A) applies to noncitizens who were inadmissible at the time of entry or adjustment of status. Sometimes that inadmissibility is discovered years later.

In simple terms, the government is saying:

“You should never have been admitted or granted a green card because you were inadmissible at the time.”

This charge is often raised during:

  • Removal proceedings in immigration court
  • Review of prior visa or green card applications
  • USCIS interviews or rescission actions

Common Reasons USCIS or ICE Uses INA §237(a)(1)(A)

1. Misrepresentation or Fraud at Entry or Adjustment

If the government claims you made a false statement or omitted information during a visa or green card process, they may argue you were inadmissible under INA §212(a)(6)(C)(i) at the time and therefore removable now.

2. Prior Immigration Violations

Examples include:

  • Overstays before adjustment of status
  • Unauthorized employment
  • Entry without proper documentation

Even if USCIS previously approved your application, ICE may later revisit those facts.

3. Criminal Grounds That Existed at the Time

If a criminal issue existed before admission or adjustment, whether disclosed or not, the government may argue you were inadmissible under INA §212(a)(2) at the time.

4. Medical or Public Charge Issues

In some cases, USCIS later claims a person was medically or financially inadmissible at the time permanent residence was granted.

Why INA §237(a)(1)(A) Cases Are Often Defensible

This ground of removability is legally complex and highly fact-specific. The government must prove:

  • The inadmissibility existed at the time of entry or adjustment
  • The ground of inadmissibility actually applied under the law
  • The error was material and legally sufficient

Many cases fail because USCIS or ICE:

  • Applies the wrong legal standard
  • Misinterprets prior records
  • Overstates alleged misrepresentations
  • Ignores waiver eligibility

Why You Need an Experienced Immigration Attorney

INA §237(a)(1)(A) cases often involve old records, prior filings, and complex legal arguments. Mistakes can result in permanent removal, while the right approach can save your status.

Many of our clients come to us after another lawyer said nothing could be done and we were able to turn their case around. If you are facing deportation under INA §237(a)(1)(A), do not assume removal is inevitable. Early legal action can make all the difference.

Call 305-515-0613
Email info@messersmithlaw.com
Same-day consultations available

Expedited Removal Under INA §235(b)(1): How to Fight Charges Under §212(a)(7)(A), §212(a)(6)(C)(i), §212(a)(6)(E), and §212(a)(2)(C)

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Being placed in expedited removal at a US airport or border is one of the most severe immigration actions Customs and Border Protection (CBP) can take. Under INA §235(b)(1), CBP officers have authority to remove a traveler immediately, without a hearing before an immigration judge.

In many cases, CBP does not rely on just one ground of inadmissibility. Travelers are often charged under multiple sections of INA §212, including:

  • §212(a)(7)(A) – lack of valid entry documents
  • §212(a)(6)(C)(i) – fraud or willful misrepresentation
  • §212(a)(6)(E) – alien smuggling
  • §212(a)(2)(C) – suspected controlled substance trafficking

The consequences can include:

  • Immediate removal
  • A 5 year bar (or longer)
  • ESTA cancellation or visa revocation
  • Permanent inadmissibility findings
  • Extremely difficult future visa applications

However, expedited removal is not always the end of the road. In many cases, CBP makes legal or factual errors, and relief may be available through motions to rescind, record correction, or §212 waivers.

INA §212(a)(7)(A): “No Valid Entry Documents”

This is the most common charge in expedited removal cases. CBP uses §212(a)(7)(A)(i)(I) when they believe the traveler:

  • Intended to work on a visitor visa or ESTA
  • Intended to immigrate without the proper visa
  • Had a valid visa but an allegedly improper purpose

Importantly, CBP can charge this even if the traveler holds a valid visa.

INA §212(a)(6)(C)(i): Fraud or Willful Misrepresentation

This charge is often added when CBP claims the traveler:

  • Lied about the purpose of travel
  • Failed to disclose prior immigration history
  • Gave inconsistent answers during inspection

A §212(a)(6)(C)(i) finding is extremely serious because it carries lifetime inadmissibility unless a waiver is granted or the finding is removed from the record.

INA §212(a)(6)(E): Alien Smuggling Allegations

CBP sometimes charges §212(a)(6)(E) when they believe a traveler:

  • Helped another person enter the US unlawfully
  • Traveled with family members and CBP suspects coordination
  • Paid for another person’s travel without proper context

These allegations are often factually wrong or exaggerated, but they carry severe immigration consequences.

INA §212(a)(2)(C): Suspected Drug Trafficking

This is one of the most dangerous charges CBP can make. §212(a)(2)(C) does not require a criminal conviction. CBP only needs to claim “reason to believe” the traveler was involved in drug trafficking.

There is no waiver available for this section unless the charge itself is vacated or removed.

Can Expedited Removal Be Challenged?

Yes. Depending on the facts, options are available if CBP:

  • misapplied the law
  • misunderstood facts
  • relied on incorrect statements
  • improperly recorded admissions

The Messersmith Law Firm can file a formal request to rescind or vacate the expedited removal and related inadmissibility findings.

Successful Case Examples Involving Multiple §212 Charges

Case 1: §212(a)(7)(A) and §212(a)(6)(C)(i) – Expedited Removal Rescinded

A European consultant was removed under §235(b)(1) and charged with both lack of proper documentation and misrepresentation. We demonstrated that CBP misunderstood the purpose of travel and mischaracterized statements. CBP vacated the expedited removal and removed the fraud finding from the record.

Case 2: Family Traveler Charged Under §212(a)(6)(E) – Smuggling Allegation Challenged

A parent traveling with a relative was accused of alien smuggling during inspection. We showed there was no unlawful intent or assistance. CBP agreed to correct the record, preventing permanent inadmissibility.

Case 3: §212(a)(2)(C) Drug Trafficking Allegation – Record Contested

A business traveler was charged under §212(a)(2)(C) based on vague suspicion with no arrest or evidence. We aggressively challenged the factual basis of the charge. The client avoided further travel bans and preserved future visa eligibility.

Why Immediate Legal Action Matters

Once expedited removal is entered:

  • the 5 year bar takes effect immediately
  • CBP records are shared with consulates worldwide
  • future visa applications are heavily scrutinized

Early legal intervention can mean the difference between temporary disruption and permanent exclusion from the United States. If you or a family member were removed at the airport or border, do not assume the outcome is final. A careful legal review may allow you to challenge the removal, correct the record, or return with a waiver.

Call: 305-515-0613
Email: info@messersmithlaw.com

Same-day consultations available.

EB1A Green Card for Product Managers & Technical Program Managers

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Many Product Managers (PMs) and Technical Program Managers (TPMs) assume they do not qualify for the EB-1A Extraordinary Ability green card because they are not researchers, professors, or inventors. That assumption is wrong.

In practice, senior Product Managers and TPMs are some of the strongest EB1A candidates when their work demonstrates leadership, innovation, and major impact on products, platforms, or global operations.

At The Messersmith Law Firm, we have successfully obtained EB1A approvals for Product Leaders and TPMs, including cases that were initially doubted by USCIS or filed unsuccessfully elsewhere.

What Is the EB1A Green Card?

The EB1A is an employment based immigrant category for individuals who are at the very top of their field.
It allows you to self petition for a green card without employer sponsorship or labor certification.

USCIS evaluates EB1A cases using a two step analysis:

  1. Meeting at least 3 of 10 regulatory criteria
  2. A final merits determination showing sustained national or international acclaim

Product and program leaders often meet this standard through impact, leadership, and influence, not publications.

Why Product Managers and TPMs Are Strong EB1A Candidates

Senior PMs and TPMs routinely:

  • Lead mission critical products or platforms
  • Drive company wide or global initiatives
  • Manage cross functional teams across engineering, design, data, and operations
  • Influence revenue growth, scalability, and user adoption
  • Deliver innovations adopted across industries

USCIS increasingly recognizes that extraordinary ability exists in industry leadership, not only academia.

Successful EB1A Case Examples

Case 1: Senior Product Manager at a Global Tech Company

A Senior Product Manager led the launch of a cloud platform generating hundreds of millions in annual revenue. We demonstrated original contributions, critical role, and high remuneration. EB1A approved without RFE.

Case 2: Technical Program Manager Leading Global Infrastructure Initiatives

A TPM coordinated multi-year infrastructure programs across North America, Europe, and Asia. His work standardized deployment processes across the organization. We framed his role as organizational leadership with major significance. EB1A approved after premium processing.

Case 3: Product Director Salvaged After RFE Filed by Another Attorney

A Product Director received an RFE claiming his achievements were “routine managerial work.” The case was transferred to our firm. We rewrote the legal brief, reframed evidence, and added independent expert letters. RFE overcome and EB-1A approved.

Why Choose Messersmith Law Firm for Your EB1A Case

Many of our EB1A clients come to us after:

  • Self filing and receiving an RFE or NOID
  • Being told by another attorney they “do not qualify”
  • Having strong careers but poorly presented petitions

We routinely handle cases involving:

  • EB1A for industry professionals
  • RFE and NOID responses
  • Salvaging denied or weak cases
  • Attorney led strategy from start to finish

Start Your EB1A Strategy Today

If you are a Product Manager, Technical Program Manager, Product Director, or Program Lead, you may already qualify for the EB1A green card.

Call: 305-515-0613
Email: info@messersmithlaw.com
Website: www.messersmithlaw.com

Same-day consultations available. We will evaluate your profile honestly and build a strategy designed for approval.

EB1A and NIW Green Cards for Exxon Employees

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How Energy, Engineering, and Technology Professionals at Exxon Qualify for US Permanent Residence

Exxon and ExxonMobil operate at the core of the global energy ecosystem, employing highly skilled engineers, scientists, technologists, environmental specialists, and operations leaders whose work directly affects US energy security, infrastructure resilience, and economic stability.

Because of the national importance of energy innovation, emissions reduction, and advanced engineering, many Exxon professionals qualify for US permanent residence through the EB1A Extraordinary Ability or EB2 National Interest Waiver (NIW) categories. These categories do not require employer sponsorship or PERM labor certification.

At our firm, we have successfully represented Exxon professionals working both inside and outside the United States, helping them secure EB1A and NIW approvals even after prior denials or when other attorneys advised against filing.

EB1A vs NIW for Exxon Professionals: Understanding Your Options

EB1A Extraordinary Ability

EB1A is ideal for Exxon professionals who can demonstrate they are among the top tier in their field.

Exxon employees often qualify under EB1A through:

  • original technical or operational contributions of major significance
  • leadership or critical roles on complex, high impact projects
  • proprietary technologies, methods, or systems adopted company wide
  • high compensation relative to industry peers
  • expert recognition from independent authorities
  • judging or reviewing technical work

EB-1A is self-petitioned and does not require a job offer or employer involvement.

EB-2 National Interest Waiver (NIW)

NIW is a strong option for Exxon professionals whose work advances U.S. national interests, even if they do not yet meet EB-1A’s high threshold. It is also self-petitioned and does not require a job offer or employer involvement.

NIW focuses on:

  • the national importance of the proposed endeavor
  • whether the applicant is well positioned to advance the work
  • why waiving labor certification benefits the United States

Many Exxon professionals qualify for both EB-1A and NIW, and a strategic dual-filing approach can strengthen long-term outcomes.

Exxon Roles Commonly Approved Under EB-1A or NIW

  • petroleum engineers
  • chemical engineers
  • mechanical engineers
  • reservoir and drilling engineers
  • environmental and sustainability specialists
  • geoscientists
  • offshore operations managers
  • energy systems engineers
  • project and operations managers
  • energy data and automation specialists
  • carbon capture and emissions reduction engineers

Advanced degrees are helpful but not required.

Successful EB-1A and NIW Cases for Exxon Professionals

Case 1: Exxon Petroleum Engineer in Nigeria Approved Under NIW

A petroleum engineer supporting Exxon’s offshore operations in Nigeria believed that working outside the US would weaken his case. We demonstrated how his work contributed to global energy supply stability and US market resilience. NIW approved without RFE.

Case 2: Exxon Environmental Specialist Approved Under EB1A

An environmental engineer overseeing emissions control initiatives across multiple Exxon facilities lacked academic publications. We focused on original environmental contributions, measurable impact, and leadership authority. EB1A approved in premium processing.

Case 3: Exxon Data Engineer Approved After NIW Denial

A data engineer working on predictive maintenance systems received an NIW denial after filing alone. We rebuilt the case using expert letters, quantified efficiency gains, and national interest framing. NIW approved on refiling.

Case 4: Exxon Operations Manager Approved Without Awards

An operations manager overseeing multimillion dollar infrastructure projects had no awards or media recognition. We demonstrated extraordinary leadership, economic impact, and strategic importance. NIW approved within three months.

Common Myths Exxon Professionals Believe

  • “Exxon must sponsor my green card”
  • “I need to work in the U.S. to qualify”
  • “Only researchers qualify for EB-1A”
  • “NIW is only for academics”

These assumptions are incorrect. USCIS evaluates impact and national importance, not employer sponsorship or location.

Start Your EB1A or NIW Case Today

Many of our Exxon clients came to us after:

  • being told they did not qualify
  • receiving RFEs or NOIDs
  • being denied after self-filing
  • working with attorneys unfamiliar with energy-sector cases

If you work for Exxon or ExxonMobil anywhere in the world, you may already qualify for a US green card.

Call: 305-515-0613
Email: info@messersmithlaw.com

Same-day consultations available worldwide.

EB1A and NIW Green Cards for Schlumberger (SLB) Professionals

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Schlumberger, now known globally as SLB, is one of the world’s most influential energy technology companies, operating across Nigeria, Angola, Egypt, Ghana, and other key energy regions. SLB professionals work on critical drilling technologies, subsurface modeling, digital energy platforms, carbon management, and global energy infrastructure that directly impact U.S. economic and energy security.

Because of this, many Schlumberger employees qualify for U.S. permanent residence through the EB1A Extraordinary Ability or EB2 National Interest Waiver (NIW) categories. No employer sponsorship required and no SLB’s involvement required.

At our firm, we regularly represent Schlumberger professionals worldwide and have successfully secured EB1A and NIW approvals even after prior denials or when other attorneys advised that approval was unlikely.

Schlumberger Roles Commonly Approved Under EB1A or NIW

  • petroleum engineers
  • reservoir and drilling engineers
  • geophysicists
  • subsurface modeling specialists
  • energy data scientists
  • offshore operations managers
  • completion and well integrity engineers
  • environmental and HSE specialists
  • carbon capture and energy transition engineers
  • project and operations managers

You do not need a PhD, academic publications, or US work experience.

Successful EB1A and NIW Cases for Schlumberger Professionals

Case 1: Nigerian Schlumberger Reservoir Engineer Approved Under NIW

A reservoir engineer working on SLB offshore projects in Nigeria believed his work outside the US would disqualify him. We demonstrated how his modeling innovations supported global energy stability and US supply interests. NIW approved without RFE.

Case 2: Schlumberger Drilling Engineer in Angola Approved Under EB1A

An Angolan based drilling engineer oversaw high risk deepwater operations using proprietary SLB technology. Despite no academic publications, we proved original contributions and a critical leadership role. EB1A approved in premium processing.

Case 3: Schlumberger Operations Manager in Ghana Approved Without Awards

A field operations manager leading multimillion dollar energy projects lacked awards or media coverage. We focused on leadership authority, economic impact, and global deployment responsibility. NIW approved within seven months.

Common Myths Schlumberger Professionals Believe

  • “I must work in the US to qualify”
  • “SLB must sponsor my green card”
  • “EB1A is only for professors”
  • “NIW is only for academics”

These assumptions are incorrect. USCIS evaluates impact, not geography or employer policy.

Start your Path to a Green Card Today

Many of our SLB clients come to us after:

  • being told they did not qualify
  • receiving RFEs or NOIDs
  • being denied after self-filing
  • working with attorneys unfamiliar with energy-sector cases

We have more than 20 years of experience in:

  • translating industrial impact into USCIS-approved language
  • EB1A final merits analysis
  • NIW national interest framing
  • expert letter development
  • responding to RFEs and NOIDs

If you work for Schlumberger (SLB) in Nigeria, Angola, Egypt, Ghana, or anywhere globally, you may already qualify for a U.S. green card.

Call: 305-515-0613
Email: info@messersmithlaw.com

Same-day consultations available worldwide.

EB1 and NIW for Chevron Employees in Africa: How Energy Professionals From Nigeria and Beyond Secure US Green Cards

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Chevron operates extensively across Africa, including Nigeria, Angola, Egypt, Ghana, Equatorial Guinea, and Congo, employing highly skilled engineers, scientists, project managers, and energy specialists whose work directly impacts US energy security, global supply chains, environmental protection, and technological innovation.

Many Chevron employees working in Africa are excellent candidates for US permanent residence through the EB-1 Extraordinary Ability or EB-2 National Interest Waiver (NIW) categories. These categories do not require employer sponsorship.

At our firm, we have successfully represented Chevron professionals across multiple African countries, helping them transition from international energy roles to US green card approval.

Why Chevron Employees in Africa Qualify for EB1 and NIW

Chevron’s African operations are strategically vital to the United States due to:

• offshore and deepwater oil and gas production
• global energy supply stability
• environmental and emissions control initiatives
• infrastructure development
• advanced drilling and reservoir technologies
• health, safety, and environmental compliance
• cross-border energy logistics

USCIS routinely recognizes energy engineering, petroleum science, environmental technology, chemical engineering, and operations leadership as fields of national importance.

EB1 vs NIW for Chevron Professionals Working in Africa

EB1 Extraordinary Ability

Best for senior Chevron professionals who can demonstrate exceptional standing in their field.

Strong EB1 indicators include:
• original technical contributions
• industry recognition
• high compensation
• patents or proprietary systems
• expert testimonials

EB2 National Interest Waiver

Ideal for professionals whose work benefits US energy interests, even if they are not globally famous.

NIW focuses on:
• national importance of the work
• whether the applicant is well positioned
• why the US benefits from waiving labor certification

Many Chevron professionals qualify for both, and strategic filing often improves approval odds.

Common Chevron Job Roles That Qualify

• Petroleum Engineers
• Reservoir Engineers
• Offshore Operations Managers
• Environmental and HSE Specialists
• Chemical Engineers
• Energy Systems Engineers
• Project Managers
• Geoscientists
• Supply Chain and Logistics Leads
• Energy Data and Automation Specialists

Successful EB1 and NIW Cases for Chevron Employees in Africa

Success Case 1: Nigerian Chevron Offshore Engineer Approved Under NIW

A Nigerian offshore petroleum engineer working on Chevron’s deepwater operations believed his Africa-based role would limit eligibility. We demonstrated how his work directly supported US energy supply stability and offshore safety technology. NIW approved without RFE.

Success Case 2: Chevron Environmental Specialist in Angola Secured EB1

An environmental compliance manager overseeing emissions and spill prevention programs across Angola had no publications but led initiatives adopted company wide. We proved original contributions and national environmental significance. EB1 approved in premium processing.

Success Case 3: Chevron Chemical Engineer in Egypt Approved After Prior NIW Denial

A Chevron chemical engineer working in Egypt was denied NIW after filing independently, with USCIS stating he was “not well positioned.” We rebuilt the case with expert letters explaining how his refinery optimization work reduced global supply disruptions. NIW approved on refiling.

Success Case 4: Chevron Project Manager in Ghana Approved Without Publications

A Chevron project manager overseeing multimillion dollar infrastructure projects in Ghana had no patents or academic publications. We focused on leadership, economic impact, and cross-border operational importance. NIW approved within seven months.

Common Myths African Chevron Employees Believe

• “I must work in the US to qualify”
• “Chevron has to sponsor my green card”
• “I need US publications or awards”
• “NIW is only for academics”

These assumptions are incorrect. USCIS evaluates impact, not geography.

Why EB1 and NIW Are Ideal for Chevron Employees Abroad

• Self-petitioning allowed
• No employer sponsorship required
• No PERM labor certification
• Flexible relocation timeline
• Strong approval trends in energy cases
• Independence from corporate immigration policies

Ready to Explore EB1 or NIW as a Chevron Employee?

If you work for Chevron in Nigeria, Angola, Egypt, Ghana, or elsewhere in Africa, you may already qualify for a US green card.

Messersmith Law Firm
Same-Day Consultations Available

305-515-0613
info@messersmithlaw.com

We will evaluate your accomplishments, determine eligibility, and build a strong petition designed to win approval.

Criteria for EB-1 Green Card: Full Guide + Real Approval Success Stories

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The EB-1 Green Card is one of the most prestigious US immigration pathways, offering fast processing, no PERM labor certification, and eligibility to self-petition in many cases. But EB-1 approval requires meeting strict legal criteria, especially under today’s tighter review standards.

If you are a researcher, engineer, athlete, entrepreneur, or business executive, understanding the EB-1 criteria will help you determine whether you qualify and how to build a winning petition. At The Messersmith Law Firm, we help applicants worldwide obtain EB-1 approvals, even in complex cases involving RFEs, NOIDs, or prior denials.

What Is the EB-1 Green Card?

The EB-1 is a first-preference employment-based immigrant category for individuals at the top of their field. It is divided into three subcategories:

EB-1A – Extraordinary Ability

For individuals who can prove sustained national or international acclaim. Allows self-petition.

EB-1B – Outstanding Professors or Researchers

Requires employer sponsorship and proof of outstanding academic achievements.

EB-1C – Multinational Executives or Managers

For executives/managers transferring from a foreign office to a US company.

EB-1A Green Card Criteria (Extraordinary Ability)

To qualify for EB-1A, you must either:

  1. Win a major internationally recognized award (like a Nobel Prize), or
  2. Meet at least three out of the following ten criteria:
  • Published material about you in major media
  • Original contributions of major significance
  • Scholarly articles published
  • Judging the work of others
  • Leading or critical role for distinguished organizations
  • High salary relative to others in the field
  • Displayed work at major exhibitions
  • Evidence of commercial success
  • Membership requiring outstanding achievements
  • National or international awards

Meeting three criteria alone is not enough. USCIS conducts a final merits determination to evaluate overall influence and career significance.

EB-1B Green Card Criteria (Outstanding Researcher/Professor)

You must show:

  • International recognition for outstanding achievements,
  • Three years of research or teaching experience, and
  • A qualifying job offer.

Plus evidence from at least two categories:

  • Major awards
  • Published material about the researcher
  • Peer review or judging
  • Contributions to the field
  • Scholarly articles
  • Memberships requiring achievement

EB-1C Green Card Criteria (Executive or Manager)

You must show:

  • Work outside the US for 1 year in the past 3 years,
  • Managerial or executive role,
  • Qualifying corporate relationship between foreign and U.S. company,
  • Ability to direct operations at a senior level.

Why EB-1 Green Cards Get Denied

Common USCIS reasons include:

  • Weak documentation of contributions
  • Lack of independent recognition
  • Titles without proof of actual leadership duties
  • Low citation numbers
  • Evidence showing success of company, not individual
  • Inconsistent resume history
  • Poorly written expert letters

A strong legal argument is now just as important as strong evidence.

Real EB-1 Green Card Success Stories

Success Story 1: EB-1A Approval for Global Operations Director

A global supply chain director first filed EB-1A on his own and received a denial. He came to us with concerns about low publication numbers. We rebuilt his evidence using:

  • Industry impact letters,
  • Fortune-500 customer revenue growth,
  • Documentation proving his redesign of logistics systems.
    USCIS approved his EB-1A within 8 weeks.

Success Story 2: EB-1A Approval for Technology Product Manager

A product manager leading a billion dollar software product line was told he did not qualify because he had “no academic publications.” We proved:

  • Leadership over US patent development,
  • Media coverage in major tech publications,
  • Key role in driving adoption across global markets.
    Approved without RFE.

Success Story 3: EB-1B Approval for University Researcher

A physics researcher had modest citation numbers and feared denial. We strengthened his case with:

  • Peer review record from 15 journals,
  • Expert letters from Nobel laureate collaborators.
    USCIS approved his EB-1B in premium processing.

Can You Qualify for EB-1 Without Publications, Patents or Awards?

Yes. We routinely win EB-1 cases for:

  • Business executives
  • Cloud architects
  • DevOps leaders
  • CMOs and marketing directors
  • Startup founders
  • Athletes and coaches
  • Software engineers

Legal strategy matters more than raw documents.

Contact Us to Build Your EB-1 Green Card Case

If you believe you may qualify for EB-1 or want an expert evaluation, contact us.

Messersmith Law Firm
Same-Day Consultations Available

305-515-0613
info@messersmithlaw.com

We will evaluate your accomplishments, determine eligibility, and build a strong petition designed to win approval.

EB1A Final Merits Determination: How USCIS Decides Approval and How to Win

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Many EB1A applicants believe that once they meet at least three regulatory criteria, approval is guaranteed. Unfortunately, that is not how USCIS adjudicates EB1A cases. Even after satisfying the initial criteria, USCIS performs a Final Merits Determination which is the most critical and misunderstood stage of the EB1A process. This is where many otherwise strong petitions are denied.

At The Messersmith Law Firm, we regularly help professionals overcome final merits denials, RFEs, and NOIDs, including cases filed pro se or by other attorneys, and secure EB1A approvals.

What Is the EB1A Final Merits Determination?

The final merits determination is the second step of EB-1A adjudication, required under Matter of Kazarian.

USCIS asks one core question:

Does the totality of the evidence show that the petitioner is among the small percentage at the very top of the field and has sustained national or international acclaim?

Meeting three criteria is necessary but not sufficient. USCIS evaluates quality, impact, and significance, not just quantity.

Why EB1A Cases Fail at Final Merits

The most common final merits problems we see include:

  1. Lack of Demonstrated Impact
  2. Evidence That Is Too Internal
  3. Weak Expert Letters
  4. No Clear Career Narrative
  5. Confusing “Important” With “Extraordinary”

How USCIS Evaluates EB1A at Final Merits

USCIS weighs:

• Scope and reach of your work
• Independent recognition
• Influence on industry standards, products, or policy
• Leadership and decision making authority
• Evidence of sustained acclaim over time
• Whether your work benefits the United States prospectively

This is why legal framing is just as important as documentation.

Successful EB1A Final Merits Case Examples

Case 1: EB1A Approved After Final Merits RFE (Technology Leader)

A cloud infrastructure engineer met four criteria, but USCIS issued an RFE stating that his work was “internal to his employer.” We reframed his achievements to show industry wide adoption, reliance by external partners, and measurable market impact.
Result: EB1A approved within two weeks of RFE response.

Case 2: EB1A Denied at Final Merits but Approved on Refile (Business Executive)

A global operations executive was denied despite meeting three criteria. USCIS concluded he was “successful but not extraordinary.” We rebuilt the case to highlight decision making authority, revenue impact, global influence, and peer distinction.
Result: EB1A approved on refile with no RFE.

Case 3: EB1A Approved After NOID for Final Merits (Researcher)

A researcher received a NOID stating USCIS was “not persuaded the petitioner rose to the top of the field.”
We submitted new citation analysis, third party adoption evidence, and a legal brief tying the evidence directly to final merits standards.
Result: NOID withdrawn and EB-1A approved.

Can You Win EB1A If Final Merits Were Questioned?

Yes, final merits denials are often fixable, but only with a precise legal strategy. Options may include:

• Strong RFE or NOID response
• Refiling with a restructured case
• Appealing to the AAO in limited situations
• Repositioning under EB1A corrected framing

What does not work is simply submitting more documents without legal analysis. If USCIS has questioned your EB1A final merits, or you want to ensure your case is built correctly from the start, expert legal guidance is critical.

Email: info@messersmithlaw.com
Call: 305-515-0613
Website: www.messersmithlaw.com

Why Choose Messersmith Law Firm for EB1A Final Merits Cases

• Over 20 years of immigration law experience
• Extensive EB1A and NIW approvals across tech, business, science, arts, and athletics
• Proven success salvaging RFEs, NOIDs, and prior denials
• Attorney led strategy no outsourcing
• Deep understanding of USCIS adjudication trends

Many of our EB1A approvals come from cases others thought were no longer winnable.