Our Success Story: EB-1A

Green cards and work visas in the EB-1A category have been widely used by academics and research professionals. What may seem like unattainably high requirements may actually be less difficult than you imagine.

Success Story: Postdoctoral Fellow in Materials Engineering – EB-1A

Field: Materials Science and Solid Mechanics

Position at time of filing: Postdoctoral Fellow

Processing Center: Nebraska Service Center

Processing Time: 18 days (premium processing, with a Request for Evidence/RFE)

Case Summary:

Applicant A was a postdoctoral fellow at a well-known U.S. university, specializing in battery materials. He had published over 50 papers in top-tier domestic and international journals, participated in two international and national funded research projects, and generated one patent. We prepared three claims for the applicant: original major contributions, service as a judge/peer reviewer in his field, and authorship of scholarly publications.

Application Strategy:

The main materials provided by the applicant included published articles, citation records, patents, and evidence of serving as a peer reviewer for academic journals. After carefully reviewing the materials and conducting in-depth discussions with the client, we uncovered additional evidence of his major contributions to battery materials research. We added media coverage of his team, evidence that his patent had been used by university labs in academia, and proof that his research results helped his lab successfully secure research funding. We also clearly presented international journal rankings and impact factors in the evidence.

Challenge and Response:

After receiving the initial filing, USCIS approved two of our claims (peer review and authorship) but did not accept the "original major contributions" claim. USCIS stated that while the originality of the applicant's contributions was not in question, the significance ("major" nature) had not yet been demonstrated. Specifically, USCIS noted that: (1) major contributions cannot be demonstrated solely through the papers themselves; (2) the media coverage mentioned the applicant's articles, but the interviews primarily featured his supervisor, so it did not demonstrate the applicant's own contributions; and (3) the credentials of senior recommenders actually highlighted the applicant's lack of outstanding achievement.

In preparing the RFE response, we first worked with the client to revise and supplement the recommendation letters, further emphasizing that the applicant's research results played a key role in the lab's successful procurement of a Department of Energy research grant. We also demonstrated that the applicant's academic papers had significant impact in the field. Additionally, we reviewed and organized the articles that had cited the applicant's research, showing that his work had driven substantial related research in the field, thereby proving the major academic impact of his publications.

USCIS approved the EB-1A I-140 petition nine days after receiving the RFE response.

Disclaimer: These results are specific to the facts of this case and do not guarantee a similar outcome for other clients. Each case is unique and must be evaluated on its own merits.