EB-1 Extraordinary Ability

Notice of Intent to Revoke (NOIR) for EB-1 or NIW — What It Means and How to Save Your Case

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Receiving a Notice of Intent to Revoke (NOIR) on your EB-1A (Extraordinary Ability) or NIW (National Interest Waiver) petition can feel devastating. After all, USCIS already approved your petition and now they’re threatening to take it back.

The good news? A NOIR does not mean your green card is lost. With the right legal strategy, many EB-1 and NIW revocations can be successfully overturned. At The Messersmith Law, we’ve helped clients across the world respond to NOIRs and keep their EB-1 or NIW approvals even after USCIS questioned their achievements or qualifications.

Here’s what you need to know to protect your case and your future.

What Is a Notice of Intent to Revoke (NOIR)?

A Notice of Intent to Revoke is a formal letter from USCIS stating that they intend to cancel (revoke) an already approved petition. It’s most common in employment-based immigrant visa categories, such as:

  • EB-1A (Extraordinary Ability)
  • EB-1B (Outstanding Researcher or Professor)
  • EB-1C (Intracompany Transferee)
  • EB-2 NIW (National Interest Waiver)

USCIS issues a NOIR when they believe the original approval was made in error, new adverse information has emerged, or evidence no longer supports the petition.

Common Reasons for EB-1 or NIW NOIRs

USCIS may issue a NOIR for reasons such as:

  • Alleged misrepresentation or inconsistency in credentials or employment
  • Doubt about the petitioner’s eligibility under EB-1A or NIW criteria
  • Withdrawal of employer support (for EB-1B or EB-2)
  • Changes in job description or duties
  • Third party complaint or consular return (a US consulate questioned the approval)
  • Fraud or error findings during internal USCIS review

Many of these are fixable with proper documentation and legal argument.

What Happens After a NOIR?

You usually have 30 days to respond to a NOIR. If you do not respond or if the response is insufficient USCIS will revoke the approval of your EB-1 or NIW petition. This can also affect:

  • Your pending I-485 (green card) application
  • Your work authorization (EAD)
  • Any derivative family members

A well-prepared response can stop the revocation entirely or restore approval after a detailed legal rebuttal.

How to Respond to a Notice of Intent to Revoke (NOIR)

Here’s what an effective response strategy includes:

  1. Careful review of USCIS allegations.
  2. Gather strong supporting evidence.
  3. Legal analysis of regulatory criteria.
  4. Expert legal brief.
  5. Address procedural errors.

Frequently Asked Questions (FAQ)

Q1. What’s the difference between an RFE and a NOIR?
An RFE is issued before approval. A NOIR is issued after approval, when USCIS re-examines your petition and finds possible issues.

Q2. Can I still work if I receive a NOIR?
Yes, as long as your I-485 and EAD remain valid. However, if the petition is revoked, your EAD may be affected so respond quickly.

Q3. Can I appeal a revoked EB-1 or NIW?
Yes. If USCIS revokes despite your response, you can appeal to the AAO or refile with stronger evidence. Many cases succeed on appeal.

Q4. How long does USCIS take to review a NOIR response?
Usually 30–90 days, but complex cases may take longer.

Q5. Should I hire an immigration lawyer for a NOIR?
Absolutely. A NOIR response is a legal argument, not just paperwork. We can identify regulatory misapplications and prevent irreversible revocation.

Get Our Help Before It’s Too Late

We have helped scientists, engineers, professors, entrepreneurs, and healthcare professionals across the US keep their EB-1 and NIW approvals. If you received a Notice of Intent to Revoke your EB-1 or NIW, act fast. You only have 30 days to respond and every detail matters.

Call 305-515-0613
Email info@messersmithlaw.com
Same-Day Consultations Available

We’ve turned many EB-1 and NIW NOIRs into approvals. Let us help you protect yours.

EB-1A RFE: How to Respond and Win Your Case (Even If You Filed Yourself)

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Getting a Request for Evidence (RFE) on your EB-1A Extraordinary Ability petition can feel stressful but it is not a denial. In fact, many EB-1A cases are approved after an RFE when the response is handled strategically and supported by the right legal arguments. At The Messersmith Law Firm, we routinely turn EB-1A RFEs into approvals, including cases where:

  • The applicant filed the EB-1A on their own
  • A different attorney submitted a weak or incomplete petition
  • USCIS challenged key evidence such as original contributions, media coverage, or critical role

If your EB-1A is worth fighting for, we know how to win it.

What Is an EB-1A RFE?

An RFE means USCIS needs more documentation or clarification before deciding your case. It does not mean your case is weak. It simply means USCIS wants more proof that you meet 3+ EB-1A criteria and the final “extraordinary ability” standard. Think of an RFE as an opportunity to refocus, strengthen, and strategically present your achievements.

Common Reasons for EB-1A RFEs

We frequently see RFEs challenge:

EB-1A CriterionWhat USCIS Often SaysHow We Fix It
Original Contributions“Impact not clearly demonstrated.”Show adoption, citations, commercial results, field influence.
Leading / Critical Role“Job title alone is insufficient.”Prove direct organizational success linked to your actions.
Published Material About You“Coverage not from independent or reputable media.”Submit third-party press, industry publications, expert verification.
High Salary“Salary not shown to be above field norms.”Use localized wage data, comparator reports, expert letters.
Professional Memberships“Membership does not require outstanding achievement.”Reframe under correct regulatory interpretation.

Real Results: EB-1A RFEs We Turned Into Approvals

Athletics — RFE → Approved

A national level track athlete received an RFE after a previous attorney failed to prove his competitive significance. We demonstrated his ranking history, sponsorships, training influence, and press coverage. USCIS approved the EB-1A.

Music — RFE → Approved

A classical cellist was told her achievements were “not extraordinary.” We built a performance portfolio showing international recognition, festival appearances, and endorsements from music directors. Her EB-1A was approved within weeks.

Business / Startup Leadership — Self-Filed RFE → Approved

A tech founder filed his EB-1A on his own and received a detailed RFE questioning his role. We reframed his evidence with revenue growth, investment validation, market adoption, and leadership metrics. USCIS approved the case under premium processing.

Frequently Asked Questions

Is an RFE a bad sign?

No. Many EB-1A approvals happen after an RFE especially when handled by experienced counsel.

Can I switch attorneys for my RFE response?

Yes. Over 50% of our EB-1A RFE clients come to us after filing with another attorney or on their own. We enjoy salvaging filed by other lawyers and turning RFEs into approvals.

Can I submit new evidence in my RFE response?

Yes and you should. It strengthens your case.

How long do I have to respond?

Usually 87 days, but check your notice for the exact deadline.

Why Choose Messersmith Law Firm for Your EB-1A RFE

✔ 20+ years of immigration law experience
✔ Thousands of EB-1A & NIW approvals
✔ High success rate with RFE and NOID rescues
✔ Attorney-driven strategy — no outsourcing
✔ Responsive support and fast turnaround

We don’t just send documents. We build the legal case that convinces USCIS to approve.

Get Help With Your EB-1A RFE Today

Don’t risk a denial. We can help you turn your RFE into a green card approval.

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

Same-day consultations available.

Can E-2 Visa Holders Apply for a Green Card? (Yes — Here’s How)

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Many E-2 treaty investors believe that they can never apply for a green card because the E-2 is a nonimmigrant visa that requires an intent to depart. But that’s only half the story. In reality, E-2 visa holders can and do obtain US permanent residency through several immigrant visa (green card) options.

At The Messersmith Law Firm, we’ve helped numerous E-2 investors transition from temporary investor status to US permanent residency through carefully planned strategies that comply with immigration law.

Understanding the Challenge: Dual Intent & E-2 Limitations

The E-2 visa is a nonimmigrant category, meaning you must intend to return to your home country when your status ends. Unlike H-1B or L-1 visas, the E-2 does not formally allow “dual intent” (living in the U.S. temporarily while also pursuing a green card). However, the law does not prohibit E-2 holders from applying for permanent residence. It simply requires careful timing, documentation, and transition planning to avoid conflicts between nonimmigrant intent and immigrant intent.

Pathways for E-2 Visa Holders to Get a Green Card

1. EB-1A (Extraordinary Ability) Green Card

If you are a highly accomplished entrepreneur or business leader, you may qualify under EB-1A, which does not require an employer or sponsor. USCIS looks for evidence of:

  • Original business contributions of major significance
  • Published media or recognition for success
  • High salary or commercial impact
  • Leadership in your field

We’ve successfully transitioned E-2 executives and small business owners to green cards under EB-1A by demonstrating their innovation, market influence, and national impact.

2. EB-2 National Interest Waiver (NIW)

This option is ideal for E-2 business owners whose work benefits the U.S. economy or public interest such as job creation, technology advancement, or sustainability. You don’t need a US employer. You can self-petition by showing:

  • Your work has national importance
  • You are well positioned to advance your field
  • Waiving the job offer requirement benefits the U.S.

We’ve successfully helped an E-2 entrepreneur in renewable packaging secure a green card under the NIW for advancing sustainable materials manufacturing in the US.

3. EB-5 Investor Green Card

If your business has grown substantially, you may qualify for an EB-5 immigrant investor visa, which leads directly to a green card. You must:

  • Invest at least $800,000–$1,050,000, depending on location
  • Create at least 10 full-time US jobs
  • Prove your investment funds are lawfully sourced

Most foreign national that qualify under the EB-5 category will also qualify under the EB-1 or NIW categories and we can help you obtain a green card without the onerous investment requirements.

4. Family-Based or Employer Sponsorship

E-2 holders married to US citizens or employed by a US company willing to sponsor them may transition through family-based or employment-based sponsorship (EB-2 or EB-3).

Real Success Stories

Case 1: E-2 Software Founder Approved for EB-1A

A French tech entrepreneur on an E-2 visa built a profitable SaaS platform. USCIS denied that the E-2 qualified for self-sponsorship, but we pivoted to an EB-1A strategy. By highlighting his press coverage, patents, and industry influence, we secured EB-1A approval leading to his green card within 9 months.

Case 2: E-2 Investor Converted to EB-5 Green Card

A Canadian E-2 investor launched a medical device distribution company in Florida that supplied hospitals with cost saving patient monitoring systems. Although his business was profitable, he feared he could never apply for a green card because the E-2 does not permit dual intent. We structured a National Interest Waiver (NIW) petition demonstrating how his company improved US healthcare access and efficiency, created jobs in the medical supply chain, and contributed to national public health outcomes

USCIS approved the NIW in just six months, and he successfully adjusted status to permanent residency without leaving the US.

Ready to Go From E-2 to Green Card?

If you’ve built a successful US business under an E-2 visa, you don’t have to stay temporary forever.
With the right legal strategy, you can transition to permanent residence and build your future in the United States.

Call 305-515-0613 or email info@messersmithlaw.com today for a same-day consultation to review your expedited removal or inadmissibility determination and develop a winning strategy.

EB-1A Green Card for Startup Founders, CEOs & CTOs

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Entrepreneurship is the backbone of US innovation. If you’re a Startup Founder, CEO, or CTO driving technological, economic, or social impact, you may already qualify for the EB-1A Extraordinary Ability Green Card. No awards, publications, or PhD required.

This guide breaks down how business leaders and startup innovators can self sponsor for U.S. permanent residency under EB-1A or EB-2 NIW.

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

The EB-1A is for individuals who have risen to the very top of their field in business, science, or technology.
It allows you to self-petition with no employer or investor sponsorship is needed.

To qualify, you must satisfy at least 3 of 10 USCIS criteria and prove your sustained national or international recognition. Startup executives frequently qualify through innovation, leadership, fundraising success, and measurable business impact.

EB-1A for Startup Founders Without Major Funding

Even early stage entrepreneurs can qualify. USCIS focuses on impact and leadership, not just valuation. You can still win EB-1A if you:

  • Built a product with substantial user growth or open-source adoption
  • Led a strategic partnership or pilot with a large corporation or government entity
  • Achieved recognition through accelerator programs or innovation awards
  • Created jobs or patents contributing to the U.S. economy

EB-1A vs. NIW for Entrepreneurs

If your startup’s mission benefits US innovation, sustainability, or economic competitiveness, the EB-2 National Interest Waiver is another excellent option. It also allows self sponsorship and often has a slightly lower threshold than EB-1A.

CategoryEB-1AEB-2 NIW
FocusExtraordinary individual achievementNational benefit of your work
Employer Required?NoNo
Processing TimeFaster (Premium Processing available)Slower
Ideal ForHigh-impact founders, CEOs, and CTOsFounders solving major U.S. problems or advancing innovation

Real-World EB-1A Success Story

A CTO of a fintech startup approached us after raising $6 million in seed funding and launching a compliance automation platform used by over 300 clients. We focused his petition on:

  • His patented AI security framework adopted by multiple institutions,
  • His leading role in product development and investor relations, and
  • Press coverage of his company’s impact.

Result: EB-1A approved in 8 days under premium processing.

Start Your EB-1A or NIW Case Today

If you’re a Startup Founder, CEO, or CTO leading innovation, your achievements may already qualify you for a US green card.

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

EB-1A Green Card for Finance Directors & Senior Financial Analysts

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If you’re a Finance Director, Senior Financial Analyst, or Fintech Executive driving profitability and financial strategy at a major firm or startup, you may already qualify for a US green card under the EB-1A Extraordinary Ability category. Even without publications or academic awards, your financial leadership, especially if it influences multimillion dollar portfolios, mergers, or investment strategies, can be recognized as extraordinary ability in business under US immigration law.

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

The EB-1A category is for individuals who have achieved sustained national or international recognition for excellence in their field. It allows self-petitioning and no employer sponsorship or labor certification required. Applicants must meet at least 3 out of 10 USCIS criteria and demonstrate that they’ve risen to the top of their field through evidence of influence, recognition, and achievement. For financial professionals, this means proving a record of significant business impact, high remuneration, and leadership in critical projects.

Why Finance Directors & Senior Analysts Are Strong EB-1A Candidates

Finance professionals routinely make decisions that shape corporate growth, investor confidence, and market stability. When well documented, these roles easily satisfy EB-1A criteria based on quantifiable financial achievements and strategic leadership.

EB-1A CriterionHow Finance Professionals Qualify
Original Contributions of Major SignificanceDesigning investment models, financial systems, or risk frameworks that generated measurable gains or prevented losses.
Leading or Critical RoleOverseeing financial planning, M&A transactions, or capital allocation at a global or regional level.
High Salary or RemunerationCompensation above the 90th percentile in the industry, verified by market data and company documentation.
Published Material or Media RecognitionMentions in financial press, industry reports, or internal company announcements.
Judging the Work of OthersEvaluating projects, budgets, or investment portfolios as part of review boards or executive committees.
Membership in Selective AssociationsMembership in elite professional organizations requiring proven expertise.

EB-1A vs. NIW (National Interest Waiver) for Finance Professionals

Many finance professionals also qualify for the EB-2 National Interest Waiver (NIW), which allows self-petitioning if your work benefits the US economy or financial stability.

CategoryEB-1A (Extraordinary Ability)EB-2 NIW (National Interest Waiver)
FocusIndividual achievement and leadershipUS economic or national benefit
Employer SponsorshipNot requiredNot required
Ideal ForFinance executives, investment leaders, fintech innovatorsAnalysts and financial managers impacting economic growth
Processing TimeFaster (Premium Processing available)Slower (No Premium yet)

Fintech & Quant Finance Professionals: Strong NIW Potential

If you work in fintech, quantitative finance, or blockchain, your innovations often qualify as being in the national interest due to their economic and technological significance. Examples include:

  • Developing AI-based risk or fraud detection systems
  • Creating automated trading or blockchain settlement platforms
  • Leading compliance systems for financial transparency

These can qualify under both EB-1A (extraordinary ability) and EB-2 NIW (national importance) pathways.

How Messersmith Law Firm Helps Finance Professionals Win EB-1A and NIW

At Messersmith Law Firm, we’ve successfully obtained EB-1A and NIW green cards for finance directors, investment analysts, and fintech leaders worldwide. We understand how to translate financial metrics into persuasive immigration evidence.

Our Proven Process:

  • In depth case analysis tailored to financial and corporate roles
  • Strategic evidence mapping linking achievements to USCIS criteria
  • Powerful recommendation letters from financial executives and investors
  • Legal arguments highlighting measurable business impact
  • Premium processing filing for rapid results

Start Your EB-1A or NIW Case Today

Your financial leadership drives growth, stability, and innovation and that qualifies as extraordinary ability in business.

Messersmith Law Firm — Immigration Attorneys for Finance & Investment Professionals
Call 305-515-0613
Email info@messersmithlaw.com
Schedule your consultation today to explore your eligibility for EB-1A or NIW approval.

EB-1A Green Card for Directors of Engineering & Software Engineering Managers

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In the fast evolving world of technology, Directors of Engineering and Software Engineering Managers play a critical role in shaping innovation, driving large scale systems, and leading global teams. If you hold one of these titles, you may qualify for the EB-1A (Extraordinary Ability) or NIW (National Interest Waiver) green card. No publications or PhD required. This guide explains how senior technology professionals can successfully obtain a US green card through leadership, innovation, and measurable impact, not just academic achievements.

What Is the EB-1A Green Card?

The EB-1A category is designed for individuals who have reached the top of their field in science, technology, business, or the arts. Unlike most employment based categories, you don’t need a job offer or employer sponsorship. To qualify, you must meet at least three of ten criteria, such as original contributions, leadership, high salary, or recognition by peers, and show sustained national or international acclaim.

Why Directors of Engineering Qualify for EB-1A

Software engineering leaders often meet multiple EB-1A criteria without traditional academic credentials.
Here’s how top engineers and managers demonstrate extraordinary ability:

EB-1A CriterionHow a Director of Engineering or Manager Qualifies
Original Contributions of Major SignificanceDeveloping or deploying large scale technologies used by millions of users, improving system efficiency, or introducing patented algorithms.
Leading or Critical RoleManaging global teams or leading high stakes projects at companies like Google, Amazon, Meta, or fast growing startups.
High Salary or RemunerationEarning top tier compensation packages that exceed the 90th percentile for your role according to US Department of Labor data.
Judging the Work of OthersServing as a technical interviewer, code reviewer, hackathon judge, or reviewer for internal innovation programs.
Membership in Associations Requiring Outstanding AchievementInvited memberships in selective tech or leadership organizations.
Media or Industry RecognitionBeing featured in company announcements, press releases, or industry blogs about your leadership or innovation.

Common EB-1A Evidence for Engineering Leaders

Even if you lack academic publications, you can prove “extraordinary ability” through real world, outcome-based documentation, such as:

  • System architecture diagrams or patent filings.
  • Evidence of leading successful product launches.
  • Documentation showing your code, framework, or system is widely adopted.
  • Organizational charts showing your leadership position.
  • Performance evaluations highlighting innovation and impact.
  • Salary data and offer letters proving above market earnings.
  • Recommendation letters from senior executives, CTOs, or tech peers.

What About the NIW (National Interest Waiver)?

If you don’t yet qualify for EB-1A, the National Interest Waiver may be an excellent alternative. This green card category also allows self-petitioning, no employer sponsorship required, and focuses on the national importance of your work.

How Software Engineering Managers Qualify for NIW:

  • Building or managing infrastructure critical to cybersecurity, AI, or national data systems.
  • Creating technologies that improve productivity, reduce costs, or enhance safety.
  • Leading initiatives with broad economic or social benefit to the US.
  • Contributing to emerging industries such as fintech, AI, or green tech.

NIW petitions can succeed even without international awards or citations when you show substantial merit, national importance, and that your work benefits the U.S.

Real World Success Story

A Director of Engineering at a global fintech company came to our firm after being told he didn’t qualify because he had no publications. We built his EB-1A petition around:

  • His leadership of a multi-region payments platform handling billions in transactions,
  • His patent on data optimization, and
  • Salary evidence showing he was among the top 5% of earners in his industry.

USCIS approved the petition in nine days under premium processing.

How Messersmith Law Firm Can Help

We’ve helped thousands of clients , including engineering managers, directors, and startup founders, secure EB-1A and NIW green cards. We know how to translate technical leadership into legal evidence that USCIS understands.

Our services include:

  • Evaluating your eligibility for EB-1A or NIW
  • Building a strong, custom legal argument for extraordinary ability
  • Drafting recommendation letters from executives and peers
  • Preparing your petition and evidence package for maximum approval success
  • Filing with USCIS and handling RFEs or NOIDs if issued

Take the Next Step

If you are a Director of Engineering, Software Engineering Manager, or senior technical leader, now is the time to explore your EB-1A or NIW eligibility.

  • Call us at 305-515-0613
  • Email info@messersmithlaw.com
  • Schedule your consultation today — and let’s build your path to a U.S. green card.

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.

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.