Pt. 2 - Demystifying the EB-1A for Professionals—With Success Stories
Missed our post introducing the EB-1 solution? Check out Part 1 of our 6-part series here.
Part 2
Now that we understand “The Visa Backlog,” or TVB, let’s discuss your treatment options. As you recall from our first part, the EB-1A visa could be a “silver bullet” of sorts in your immigration process. It’s not tied to an employer and allows you to skip to the front of the line in the Green Card Process. But what does an EB-1A case actually look like? For professionals who aren’t necessarily academic researchers or Oscar winners, the description might seem initially daunting….but let us reassure you….
An EB-1A case could look just like you! Many professionals who are mid-career or who otherwise have had notable achievements related to their area of expertise can qualify with some dedicated attention and effort. The goal is to construct a strong EB-1 case by working with our team to build and present an accurate, fully-fleshed out picture of all of the accomplishments in your career thus far. Here are four success stories, taken from different professional fields, that illustrate just a few of the variety of approved EB-1A cases our attorneys at ImmiPartner have filed.
Success Story #1: The Software Engineer
A Senior Machine Learning Engineer at an industry-leading tech company had an approved EB-2 PERM from 2015. They enjoyed their work and were happy with their team, and it seemed there was nothing to do but wait for their Priority Date to be current —all the while continuing to renew their H-1B visa time after time. Throughout their career, they played a major role in several high profile products released by their company and covered in the industry press. They had also been asked to judge a local hackathon. And, they had a substantial equity package, in addition to a high base salary. After a conversation with ImmiPartner’s skilled attorneys, we suggested an EB-1A case. At our advice, this applicant continued to improve their case. They wrote articles that were published in industry media and became a Senior IEEE member. The applicant obtained letters of recommendation from former supervisors and independent peers and we filed an EB-1A case that was approved in 12 days without RFE. We then used the applicant’s 2015 EB-2 Priority Date to file their I-485 Adjustment of Status immediately and they obtained a Green Card.
Success Story #2: The Founder
As the founder of a well-funded and up-and-coming tech startup, a traditional PERM was not a viable option for this applicant because of the bona fide employer-employee relationship requirement. Luckily, this founder’s company had generated a lot of positive media coverage in its development and push for growth, much of which mentioned the applicant by name. In addition, they were a member of a professional entrepreneur group and had published several articles in Forbes. Their company had attracted investment funding from several leading VC firms. After a conversation with ImmiPartner’s attorneys, they chose to initiate an EB-1A case. Based upon the media coverage, articles, and entrepreneur group membership—along with self-evident evidence of serving in an essential role in their startup—we saw a strong case here. But we also suggested the Founder could connect their academic background in database engineering to their entrepreneurial expertise, further helping us distinguish this applicant as one of the very best in their field. While this case received a boilerplate RFE from USCIS, it was approved shortly after the submission of our response.
Success Story #3: Social Marketing Strategist
With an accomplished background in digital marketing, this social marketing strategist approached ImmiPartner to see if they could speed up their Green Card process. They had a high total compensation package, and had taught several university courses in the field of marketing. In addition, major industry media had interviewed the applicant. ImmiPartner suggested that other evidence criteria could be strengthened. Combined with the detailed letters of reference from fellow experts that ImmiParnter helped to craft and edit, we built a strong EB-1A case that was approved in 3 days with no RFE.
Success Story #4: The Industry Scientist
This biotech research scientist worked for a cutting-edge startup in the field of drug development. They had a PhD and a distinguished research background in academia, and were concerned that the PERM process did not make sense for their role. After a detailed consultation with ImmiPartner’s expert attorneys, we suggested an EB-1A petition. We were able to tie a narrative thread between the applicant’s outstanding academic background and their industry role. Published journal articles and peer review service were added to media coverage of the scientist’s project at the startup. Letters of recommendation, both from professors and industry experts, helped corroborate the essential role this scientist had in the startup’s drug development work. ImmiPartner filed the EB-1A case which was approved without RFE, and this applicant was able to move straight to the Adjustment of Status stage.
Summing it Up
As you can see from just this small sample, EB-1A cases are not just for Nobel laureates and famous artists. “Normal” people can qualify. It’s all about presenting a complete picture and showing how you have reached a sustained level of achievement in your area of expertise. Whatever field you are in, there may be a way to speed up your Green Card Process by following the EB-1 path. If this article has piqued your interest and you want to get a sense of whether this is possible based on your background, reach out to the ImmiPartner team to get an assessment and understand how close you might be to getting your green card.
Next up: Part 3 - What are the Logistics of Filing an EB-1A case? How long does it take?
Want to see if you might qualify for the EB-1A? Schedule a consultation with an ImmiPartner attorney below!