Case Review - Successful EB-1A Case (Doctor/Researcher)

Successful EB-1A Case: Extraordinary Ability Approved Without RFE

In this blog post, I am going to share a recent EB-1A success story for a highly accomplished foreign national who is a doctor/researcher with extensive experience in the applicant’s specialized field. This case was filed with premium processing and was approved without the issuance of a Request for Evidence (RFE) shortly after submission. I had the privilege of handling this case exclusively from start to finish, preparing the attroney memorandum, all legal arguments, assembling supporting evidence, and ensuring the strongest possible petition.

The applicant had approximately 10 published journal articles, less than 100 citations, leader roles on about 20 research projects, 3 recommendation letters, a few media appearances & international conference attendances through invitations/presentations, and high remuneration (salary, benefits).

5 EB-1A Criteria Argued in the Applicant’s Petition:

1. Authorship of Scholarly Articles in Professional Journals

• The applicant has published journal articles, including some as a co-author. While first authorship is preferred, second or third authorship is still valuable and we include, especially when the quality and impact of the publication are significant.

• Emphasized the importance of each article, its impact on the field and other researchers, and how it contributed to advancements in the area of expertise.

• Highlighted that the journals were internationally recognized and highly regarded to strengthen this criterion.

2. Original Contributions of Major Significance in the Field

• Detailed citation records and the influence of the applicant’s research.

• Assisted with editing and structuring letters of recommendation from leading experts to reinforce the applicant’s contributions.

• Highlighted international conference presentations to demonstrate recognition in the field.

3. Leading or Critical Role in Distinguished Organizations

• Employment records demonstrating the applicant’s leadership and key roles.

• Documentation of research leadership, including investigator roles in significant research projects. Introduced each research project in details.

4. Published Material About the Petitioner in Major Media and Professional Publications

• Several media publications, including coverage in widely recognized sources.

5. High Salary Relative to Others in the Field (Same country & region with similar years of experience)

• The applicant’s tax returns for the most recent 3 years & most recent 3 paystubs

• Comparative salary data from the applicant’s home country demonstrating the applicant’s earnings were significantly higher than other experts in the same field of expertise. (Generally, it must be in the top 90-95%)

Key Takeaways for EB-1A Applicants:

While USCIS requires proof of only 3 criteria for EB-1A approval, it is often beneficial to present evidence for four or more to strengthen the case. A well-structured, thorough petition with tailored legal arguments and exihibit packet can help overcome potential weaknesses, such as a lower number of publications or citations. Taking a strategic approach, focusing on the impact of the applicant’s work and incorporating strong expert testimonials, can significantly enhance the chances of EB-1A success.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.