EB-1 Extraordinary Ability

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.

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.

EB-1A Requirements: How to Prove Extraordinary Ability Without Publications

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Introduction

The EB-1A green card is one of the fastest and most prestigious ways to gain US permanent residency. It is designed for individuals with extraordinary ability in science, arts, business, athletics, or education.

Most people believe EB-1A approval requires multiple academic publications, peer reviewed citations, or Nobel Prize level recognition but that’s not true. Many of our successful EB-1A petitions are approved without a single publication, as long as the applicant can demonstrate extraordinary ability through other qualifying evidence.

In this article, we’ll break down the EB-1A requirements, explain how to qualify without publications, and show how our firm has helped clients win cases even when they thought they had “nothing to show.”

What Are the EB-1A Requirements?

To qualify for EB-1A, you must show that you are among the top individuals in your field and that your work benefits the United States. USCIS requires you to prove this by either:

  1. A one-time major achievement (e.g., Nobel Prize, Olympic medal), OR
  2. At least 3 out of 10 regulatory criteria, including:
    • Awards for excellence in your field
    • Membership in associations requiring outstanding achievement
    • Published material about you or your work
    • Participation as a judge of others’ work
    • Original contributions of major significance
    • Authorship of scholarly articles
    • Artistic exhibitions or showcases
    • Leading or critical role in distinguished organizations
    • High salary compared to others in the field
    • Commercial success in the performing arts

Can You Qualify Without Publications?

Yes, publications are only one of the ten criteria. USCIS allows you to qualify by meeting other standards. We’ve helped clients win EB-1A petitions using evidence such as:

  • Patents or inventions with real world impact
  • Industry recognition through awards, rankings, or certifications
  • Leadership roles in influential projects or companies
  • Expert testimonials proving the significance of their contributions
  • Media coverage highlighting their impact on the field
  • High compensation packages compared to industry peers

In short, publications are helpful but not required. If you can show that your work has changed, influenced, or advanced your field in meaningful ways, you may still qualify for EB-1A.

Our EB-1A Success Without Publications – Real Cases

  • A cybersecurity expert won EB-1A by proving that his AI driven security model was adopted by Fortune 500 companies, even though he had no academic publications.
  • An entrepreneur in renewable energy secured EB-1A by showing her solar panel technology was used in large scale U.S. energy projects.
  • A performing artist obtained EB-1A through awards, high earnings, and international media recognition, without a single published paper.

These success stories prove that EB-1A approval is about impact, not just publications.

How We Help EB-1A Applicants Without Publications

At our firm, we specialize in building creative EB-1A petitions for professionals who don’t fit the traditional “academic” profile. We:

  • Analyze your background to identify hidden strengths that qualify
  • Gather evidence of real world impact instead of academic citations
  • Craft persuasive legal arguments that highlight your extraordinary ability
  • Present your achievements in a way USCIS understands and values

We’ve helped engineers, entrepreneurs, artists, business executives, and professionals secure EB-1A green cards even when they had no publications or citations.

Don’t Risk a Denial. Let Us Secure Your EB-1A Green Card

If you’re worried about applying for an EB-1A green card without publications, don’t let that stop you. USCIS recognizes many different types of achievement, and with the right legal strategy, you can still qualify and succeed. Contact us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. Let us evaluate your background and build the strongest possible EB-1A petition whether or not you have publications.

Successful Cases for EB-1A Approvals for Engineers Working in the Oil and Gas Sector

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The EB-1A green card is one of the most sought after US immigration options for highly skilled professionals. Reserved for individuals with “extraordinary ability” in sciences, business, arts, education, or athletics, EB-1A allows applicants to self-petition without requiring a U.S. employer or job offer. For engineers in the oil and gas sector, obtaining EB-1A approval can feel daunting but many have successfully demonstrated their extraordinary ability through carefully documented achievements.

At our firm, we have successfully assisted many engineers through the EB-1A process and secured approvals, even in highly technical fields like oil and gas. Below we highlight some examples of successful strategies and outcomes for professionals in this industry.

Why EB-1A Is Challenging for Engineers

Unlike artists or athletes, engineers often don’t have obvious “public recognition” of their accomplishments. USCIS looks for evidence such as:

  • Major awards or recognition for contributions to the industry
  • Memberships in distinguished associations
  • Published research or patents that advanced technology
  • High-paying or critical roles in the industry
  • Contributions of major significance to the oil and gas sector

The key is to translate highly technical work into achievements that USCIS understands as extraordinary ability. That’s where legal strategy and presentation make all the difference.

Successful EB-1A Case Examples for Oil and Gas Engineers

Case 1: Petroleum Engineer with Industry Changing Safety Innovations

One of our clients was a petroleum engineer who had developed innovative safety protocols that were later adopted by several multinational energy companies. Although he had never won public awards, we demonstrated the industry wide impact of his contributions. USCIS approved his EB-1A petition, recognizing that his work had significantly improved workplace safety in oil and gas operations.

Case 2: Chemical Engineer with Patented Refining Technology

Another client, a chemical engineer, had co-developed patented refining technology that increased efficiency and reduced emissions. While his work was highly technical, we highlighted the environmental and economic significance of the technology and its adoption by multiple refineries. By framing his patents and industry recognition as evidence of extraordinary ability, we secured an EB-1A approval without requiring an employer sponsor.

Case 3: Offshore Drilling Specialist Recognized for Risk Management Expertise

A third case involved an offshore drilling engineer who had authored technical papers and served as a sought after consultant for reducing risks in deep water drilling. We used his publications, expert testimonials, and evidence of his leadership roles in global projects to establish his standing as a recognized authority. His petition was approved, allowing him to continue his work in the US energy sector as a permanent resident.

How We Help Oil and Gas Engineers Win EB-1A Green Cards

Our firm understands the challenges engineers face in meeting the EB-1A extraordinary ability standard. We specialize in:

  • Translating complex technical achievements into clear evidence USCIS understands
  • Gathering proof of industry impact and global recognition
  • Preparing persuasive recommendation letters from leading experts
  • Structuring petitions to highlight both technical expertise and real-world significance

With our guidance, engineers in the oil and gas sector have successfully achieved EB-1A approvals, securing their U.S. green cards and advancing their careers in one of the world’s most critical industries.

Secure Your Green Card. Contact Us Before It’s Too Late

If you are an engineer in the oil and gas sector considering an EB-1A green card, know that approval is possible with the right legal strategy. Even without awards or widespread publicity, your technical contributions can be framed as extraordinary achievements.

Contact our office today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your profile, build a strong case, and help you take the next step toward permanent residency in the United States.

EB-1A Extraordinary Ability Green Card: The 2025 Ultimate Guide

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The EB-1A green card is one of the fastest and most prestigious ways to gain permanent residency in the United States. It is designed for individuals who can demonstrate extraordinary ability in their field whether in science, business, athletics, the arts, or education. Unlike many other green card categories, EB-1A applicants can self petition without an employer sponsor.

In this guide, we’ll explain who qualifies, what evidence USCIS looks for, common reasons for denial, and proven strategies to win approval.

Who Qualifies for an EB-1A Green Card?

To qualify, you must show extraordinary ability demonstrated by sustained national or international acclaim. This is usually proven through:

  • Major prizes or awards (like a Nobel Prize, Olympic medal, or industry award)
  • Memberships in associations requiring outstanding achievements
  • Published material about you in major media or trade journals
  • Evidence of serving as a judge of the work of others
  • Original contributions of major significance to your field
  • Authorship of scholarly articles
  • Display of your work in exhibitions or showcases
  • Leading or critical role in distinguished organizations
  • High salary or remuneration compared to peers
  • Commercial success in the performing arts

You must meet at least 3 of the 10 criteria (or show comparable evidence).

Benefits of the EB-1A Category

  • No employer sponsorship required – you can self-petition.
  • Priority processing – EB-1 cases often move faster than other green cards.
  • Dual intent – you can apply for a green card while on a nonimmigrant visa (H-1B, O-1, etc.).
  • Path to citizenship – once approved, you can apply for U.S. citizenship after 5 years.

Common Challenges with EB-1A Petitions

While powerful, the EB-1A is also one of the most scrutinized categories. USCIS frequently issues RFEs (Requests for Evidence), NOIDs (Notices of Intent to Deny), or outright denials if evidence is not strong enough.

Top reasons for denial include:

  • Weak evidence of “major significance” contributions
  • Generic or repetitive recommendation letters
  • Lack of independent recognition in media or publications
  • Confusing presentation of evidence

Successful EB-1A cases are carefully prepared with organized exhibits, tailored expert letters, and strong legal arguments connecting the evidence to the regulations.

EB-1A Success Stories

  • A biotech researcher with 25 publications and over 300 citations. We provided compelling evidence showing how his research had been widely adopted, backed by a strong legal argument. His case was approved in just three days through premium processing.
  • A tech executive without a PhD, but with a record of leading global product launches, had her EB-1A denied when she filed on her own. We took the case on appeal, demonstrated her critical role and industry wide influence, and secured her approval.
  • An accomplished athlete with multiple international medals received a NOID, even after working with another attorney. When we took over, we highlighted his media recognition and international competition results, and the petition was successfully approved.

How to Strengthen Your EB-1A Petition

Winning an EB-1A extraordinary ability green card is not just about having impressive achievements. It’s about presenting them in a way that convinces USCIS you meet the legal standard of extraordinary ability. Many highly qualified people get denied because their petitions are not organized, not persuasive, or don’t connect the evidence to the law. That’s where the right legal team makes all the difference.

Here’s how we strengthen EB-1A cases for our clients:

  1. Identify your strongest evidence – We review your career in detail to highlight achievements that best match USCIS criteria.
  2. Build tailored recommendation letters – Our team helps tailor your letters from respected experts that go beyond generic praise and instead explain why your work matters on an industry-wide scale.
  3. Demonstrate major significance – We don’t just list publications, citations, or awards—we prove how your work has been adopted, cited, or recognized by others.
  4. Organize the petition strategically – We prepare a polished, attorney written legal brief that connects each piece of evidence to EB-1A regulations, making it easy for the officer to approve.
  5. Anticipate USCIS concerns – We address weaknesses before they turn into an RFE, NOID, or denial.

USCIS officers review thousands of cases, and weak or messy filings often fail. A strong, attorney-prepared EB-1A petition can make the difference between approval and denial. If you’re serious about your EB-1A,

FAQs About EB-1A Green Cards

1. Do I need a PhD to qualify for EB-1A?
No. USCIS looks for achievements and recognition, not degrees. Many business leaders, entrepreneurs, and athletes win EB-1A without a PhD.

2. How long does EB-1A take?
Processing time varies but premium processing takes 15 calendar days.

3. Can I apply while on H-1B or O-1?
Yes. You can pursue a green card while on a temporary work visa.

4. What if my EB-1A is denied?
Even we did not handle your initial filing, we can still file a motion to reopen, appeal, or refile with stronger evidence. Many clients succeed after our help with the right legal strategy.

Don’t Risk Your Future. Let Us Secure Your EB-1A Approval

The EB-1A green card is one of the best pathways to permanent residency for high achieving professionals but it requires a carefully built case. Weak filings often fail, while strong, attorney prepared petitions succeed.

If you believe you qualify for EB-1A or if you’ve received an RFE, NOID, or denial, contact us today at 305-515-0613 or email info@messersmithlaw.com and let us turn your achievements into an approval. Don’t risk your future with a generic application. We’ve helped scientists, engineers, artists, entrepreneurs, and athletes secure EB-1A approvals, and we can help you too.

EB1 Extraordinary Ability Petitions for Engineers

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EB1 Extraordinary Ability Petitions for Engineers

The EB1 extraordinary ability green card allows anyone in the arts, sciences, business, education or athletics to sponsor their own green card.  No job offer or labor certification is required.  The requirements for this category are quite high but not insurmountable.  Our office has handled thousands of immigration cases and have secured many EB1 approvals for our clients.
Many people believe that the EB1 category is limited to scientists or researchers or those who have won Nobel prizes.  This is simply not the case.  We have helped many people in business fields with job titles like Subsea Intervention Engineer, Project Engineer, Computer Engineer, Industrial Engineer, Chemical Engineer, Mechanical Engineer self sponsor through the EB1 category.

In order to qualify for EB1 classification, you must be able to prove you meet three out of the following ten items:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
Published material about the alien in professional or major trade publications;
Evidence that the alien is a judge of the work of others in the field;
Evidence of the alien’s original contributions of major significance to the field;
Authorship of scholarly articles;
Display of the alien’s work at artistic exhibitions or showcases;
Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation;
Evidence that the alien commands a high salary in relation to others in the field; or
Evidence of commercial success in the performing arts.

None of our clients have sufficient documentation to argue all of these elements and it is not necessary to meet all of them, only three.  We typically have enough documentation to argue 4-5 and as long as we can prove three, that is enough.  Typically managers like IT Managers, Project Managers and other people in the business field have similar types of experience and accomplishments.  Awards are rare and usually company specific and none have any artistic exhibitions or performing art success.  However, most of our clients do judge the work of the peers in the form of performance evaluations, business proposals, or by managing specific projects.  Most of our clients are able to show that projects that they have managed or lead are significant and have made an impact in the field.  Many projects result in economic benefits, job creation, market share increase or other specific benefits.   Managers by definition are leadership positions.  Most of our clients are able to show that their role was leading or critical in their organization.  These are the most common types and if you have made accomplishments in these three areas, then you may have a good EB1 case.

Feel free to call us at 305-515-0613 or email us at info@messersmithlaw.com for an evaluation.

EB1 for Physicians

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EB1 for Physicians

We have successfully helped many physicians obtain self sponsored EB1A green cards.  When we take a case, we look at the overall accomplishments of the client. Some clients believe that you have to have thousands of publications or citations to obtain an EB1A approval.  The truths is none of our approved EB1A clients have thousands of publications or citations.  We have many clients who are managers, software engineers, IT managers, athletes and physicians who did not have any publications or citations.  As a physician, if you have publications or citations, we can use them.  However if you do not have any, we will help you build a case to evidence other criteria that can be used instead.  The minimum is 3/10 but let us identify ways to argue more than the minimum to give you the best chance for approval.  Our goal is to make the case strongest possible and present it the way that USCIS wants to see it.

Here are the EB1 criteria:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
  • Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
  • Published material about the alien in professional or major trade publications;
  • Evidence that the alien is a judge of the work of others in the field;
  • Evidence of the alien’s original contributions of major significance to the field;
  • Authorship of scholarly articles;
  • Display of the alien’s work at artistic exhibitions or showcases;
  • Evidence the alien has performed in a leading or critical role for organizations that have a distinguished reputation;
  • Evidence that the alien commands a high salary in relation to others in the field; or
  • Evidence of commercial success in the performing arts.

You can send your CV to info@messersmithlaw.com for an evaluation or give us a call at 305 515 0613.  We’re here to help you achieve your goal.

How Many Citations Needed for EB1?

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How Many Citations Needed for EB1?

Criteria for Demonstrating Extraordinary Ability

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

Many applicants are concerned about their low citation counts.  In reality, citations are only helpful in regards to one of the ten listed criteria – original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.  In many fields where publications are not the norm such as in IT or management professions, citations are completely irrelevant and in other scientific or academic fields like Economics, Business, Computer Science, or Mathematics, they are very hard to come by.  It is very normal for Economics papers to have no citations or be in the low single digits.  This is ok and is not fatal to an EB1 case.  It simply means that we need to identify other criteria on the list to get your case approved.  We have handled hundreds of self petitioned green card such as EB1 and know what USCIS wants to see in order to approve a case.  Over the past 15+ years we have successfully helped clients obtain EB1 green cards in software, engineering, speaking, business, consulting, acting and other fields where the applicants had none to very few citations.  There are many ways to make a strong case without a strong citation record.  For your reference, here are some samples of our approved petitions.  If you’d like our help, please feel free to call us at 305 515 0613 or email us at info@messersmithlaw.com.  

USCIS Appointment and Green Card Interview Rules – NEW

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New USCIS Interview for Employment Based I485 Applicants

For the past 15 years, USCIS has only required in person interview of employment based I485 applicants in situations where the USCIS adjudicator believed the applicant may have committed fraud, violated their nonimmigrant status or had a criminal record.  On August 28, 2017 that all changed.  USCIS has announced that their new policy is phase in in-person interviews for all employment based applicants.  This includes employer sponsored EB2 and EB3 based applications as well as self sponsored EB1 and NIW based applications.  These interview are expected to begin on October 1, 2017.

Scope of Interview and Possible Interview Questions

To determine what USCIS is looking for in these new interview, we can look to their announcement itself.  In their announcement, USCIS states that

Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States.

It becomes readily apparent that the purpose of these interviews is to find a reason to deny your application.  Similar to marriage based fraud interviews, USCIS will use their available resources to conduct an investigation of the application prior to their interview to determine whether or not the applicant or the applicant’s employer made an false or misleading statements or submitted any false or misleading documents in support of either the labor certification or I140.  Moreover, in addition to background checks previously performed, USCIS is likely to perform credit checks and internet searches to see if there is any information available that contradicts what was submitted in the filings.

In marriage green card interviews, the adjudicating officer will review the forms filed, the documents submitted, and the question the applicants to determine not only if they meet the minimum requirements but also if their relationship is genuine and bonafide.  Questions about maintenance of nonimmigrant status are unusual in those case but in these new USCIS interviews for employment based applicants, it is likely to be one of the primary focuses.  If you are on an employment based visa, expect to be asked questions regarding your work, your job duties, the job location and all related questions.  USCIS will want to see if you properly maintained your status and if they determine that you did not, your case may be denied.  Furthermore, the likely main focus will be on the job identified in the I140.  Why did the employer sponsor you?  How did you hear about the job?  Do you currently work there?  How about your past experience?  Is it legit?  Are you currently working there?  Who are your coworkers?

After we appear at some of these interviews, we’ll know exactly what to expect but this is a new hurdle for employment based I485 applicants and if your interview does not go well, expect big delays and possible denials.  And if you have a spouse or child who has filed a derivative I485, expect to be grilled over those relationships as well, especially if the marriage is young or either of you have been previously divorced.  Our office has extensive experience with USCIS interviews and we can assist you in this matter.  If you are scheduled for an interview at a local office in Chicago, IL, Milwaukee, WI, St. Louis, MO, Des Moines, IA, or Indianapolis, IN, we can help you.  Contact us here.