Our Success Story: Entrepreneur EB-1A

In addition to being widely used by academics and research professionals, the extra ordinary green card category EB-1A is also a preferred option for exceptional entrepreneurs. What may seem like unattainably high requirements are actually less difficult than you might imagine. Many applicants' materials require in-depth understanding and careful analysis by an attorney before they can fully meet the eligibility criteria. Below is one of our success stories.

Success Story: Entrepreneur – EB-1A

Field: Business Management Solutions

Position at time of filing: CEO

Processing Center: Nebraska Service Center

Processing Time: 15 days (premium processing, with a Request for Evidence/RFE)

Case Summary:

Applicant A had worked extensively in the field of small and medium-sized enterprise (SME) management solutions for many years. The company he founded went public in Hong Kong and received national-level awards. He published three related books and served as an adjunct professor at a well-known university in China.

Application Strategy:

The main materials provided by the applicant included books he had published, awards received by his company, and recommendation letters from renowned professionals. After carefully reviewing the materials and conducting in-depth discussions with the client, we uncovered evidence of the applicant's major contributions to the field of SME management solutions. We prepared four claims for the applicant:

1.     Key/critical role

2.     Authorship of scholarly publications in the field

3.     Media coverage

4.     Original major contributions

Challenge and Response:

After receiving the initial filing, USCIS approved our two claims of "key role" and "media coverage," but did not accept the claims of "authorship of scholarly publications" and "original major contributions." USCIS acknowledged that the applicant had published books, but noted that the books were not published in professional journals or mainstream media.

Additionally, USCIS stated that the applicant's contributions to his own company did not constitute original major contributions, and while his contributions to the industry were mentioned in the recommendation letters, they were not sufficiently specific or substantial, thus failing to meet the requirement.

RFE Response Strategy:

In preparing the RFE response, regarding the claim of "authorship of scholarly publications," we reviewed and organized the printing/distribution data and the application/usage of the applicant's books. We emphasized that:

1.     The publishing house had a strong reputation domestically;

2.     Mr. A's books were used as training materials by SMEs;

3.     Furthermore, data from his books was also used by government agencies for policy research and formulation, helping drive the development of a large number of SMEs.

Regarding "original major contributions," we did the following:

1.     Organized a timeline and relevant literature showing the applicant's proposal and publication of original SME management models;

2.     Again used independent recommenders and mainstream media coverage to emphasize and substantiate Mr. A's original major contributions.

Outcome: 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.