Note: We have not provided the real names of our clients or defining details about their companies in order to protect their confidentiality.
EB-1A Green Card Success Story
Our client was a citizen from Israel and possessed an impressive career of startup entrepreneurship and product development with a focus on the field of air quality analytics. Isaac had co-founded a company utilizing innovative technology in machine learning and big data analytics to provide cities and businesses with accurate and precise air quality data. It provided this data as a service through an application program interface (API) to enterprises from smart home, fitness, cosmetics and automotive companies to digital health brands.
Looking to continue growing his business from a permanent residence in the United States, Isaac contacted and obtained our services, upon which we decided that the best route to meet his goals would be the EB-1A extraordinary ability green card.
In securing an EB-1A green card, it is necessary to prove to United States Citizenship and Immigration Services (USCIS) that the foreign national has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Materials presented to this effect must include (1) evidence of a one-time achievement in the form of a major internationally recognized award or (2) at least three of the following:
- Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
- Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
- Published material about the alien in professional or major trade publication or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.
- Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
- Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
- Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media.
- Evidence of the display of the alien's work in the field at artistic exhibitions or showcases.
- Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
- Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
- Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
If these standards are not readily applicable, comparable evidence may be submitted.
In addition an EB-1A petition must show how, based on the totality of circumstances, the foreign national has sustained national or international acclaim and is considered one of the top experts in the field, therefore meriting the approval of the green card.
Demonstrating Isaac's substantial prospective benefit to the united states
We began by addressing USCIS as to the virtue of Isaac's enterprise and his remarkableness as an expert in his field. In doing so we explained the importance of not only having a great product, but the necessity spectacular acumen as a business leader and observer of the market in creating a successful company. Isaac's experience in leading his company and the accomplishments it had accumulated due to his guidance clearly demonstrated his expertise and ability in this area.
We then engaged in a full analysis of what the company does, why it is important and the issues that it is addressing in the world, as well as how Isaac's continued work in the field would contribute as a substantial benefit to the United States. The petition letter provided references to studies and statistics on the effects of pollution on the earth, human health and the economy in addition to the importance of air quality analytics and the beneficiary's continued work in the field. Moreover, we pointed to clear routes in which Isaac's company was making significant steps in alleviating these issues.
RECEIPT OF NATIONALLY AND INTERNATIONALLY RECOGNIZED AWARDS FOR EXCELLENCE IN THE FIELD
In satisfying this criterion, we were sure to go into detail about every prize and recognition Isaac and his company had been awarded.
Providing just a simple list of prizes is not enough in achieving any persuasive factor with USCIS. We also went into extensive detail as to why the awards were impressive, including the selection processes, the experts involved and the difficulty of achieving them. In addition to literal awards and prizes, another source of recognition that should always be highlighted is the receiving of venture capital funding and other forms of significant investment.
MEMBERSHIP IN ORGANIZATIONS THAT REQUIRE OUTSTANDING ACHIEVEMENTS
As for membership in qualifying organizations, we decided to utilize the acceptance of Isaac's company into two different accelerator programs for jump-starting nascent businesses. In doing so, we delineated the selective processes by which the most promising new enterprises are selected, the accelerators' repute and their success as demonstrated by their portfolios and track records.
COVERage IN MAJOR MEDIA PUBLICATIONS
Isaac's accomplishments through his company had been covered by news outlets both internationally recognized and local to his native Israel. Again, the most important aspect to cover here was to ensure that USCIS understood how this media coverage was significant. This meant, especially if the news source was foreign or industry-specific and unlikely to be known by laymen, proving the organization's repute by readership and/or historical significance. In other words, it was important to point out how the publications could be considered "major" publications by their widespread recognition, circulation, popularity and national or international acclaim.
EVIDENCE OF SERVING AS A JUDGE OF THE WORK OF OTHERS
In demonstrating this criterion we took an unconventional approach that can often be utilized when there is not direct evidence of the client's experience as a judge.
With Isaac, we instead focused on his work as a mentor and adviser in an accelerator program, within which he "judged" the work of fellow startup entrepreneurs and assisted them in growing their businesses. Again, we went into detail as to the accelerator's prestige using its track record and fellow members on the board.
CONTRIBUTIONS OF MAJOR SIGNIFICANCE TO THE FIELD
Here we endeavored to show how Isaac's entrepreneurial abilities had made a significant impact on the field of air quality analytics and natural resources management.
We focused on the results of Isaac's work, namely the sophistication and significance of his current company's entrance into the market. We were sure to emphasize that his company was multinational and already had offices in the U.S., and that he had already relocated to the U.S. in 2015 under the L-1A visa to act as the company's chief marketing officer (CMO).
We then delved into the specifics of the company's technology and why it was superior to similarly focused enterprises. Doing this always requires a deep understanding of the client's product, an understanding that we are always sure to achieve through working closely with the client and extensive research of the company and the field of its work in particular. We pointed out all the ways in which the company's services could be viewed as superlative, be it with its patented technology, unmatched features, widespread user adoption or the prestigious nature and variety of the industries benefiting from the product. Isaac even enjoyed the highly persuasive attribute of government recognition through conferences, summits and memberships in specialized groups.
Most importantly, we provided expert opinion and testimonial letters from the industry's leading experts, investors, other successful entrepreneurs, members of the academia, as well as the company's clients detailing Isaac's original contributions and the significant impact that his work has had on the field.
All these provided invaluable evidence that Isaac's work for the company proved to be of major significance to his field.
EVIDENCE OF Isaac’S AUTHORSHIP OF SCHOLARLY ARTICLES IN THE FIELD
Isaac had authored an article on natural resource management in his home country, Israel, the subject of which we explained was a more generalized area of his work. We went further to demonstrate the prestige of the institute that published his paper and the purpose it served in improving the environment and lives within the Israeli community.
In addition, we capitalized on the patented technology Isaac had invented for his company, whose scholarly work we believed should contribute to the fulfilling of this criterion.
Evidence of the Display of Isaac's Work Through Speaking Engagements
While the criterion literally reads as "evidence of the display of the alien's work in the field at artistic exhibitions or showcases," this does not really apply in the business world. Instead, entrepreneurs present at conferences and various business-related events.
In this section, we delineated the numerous summits, expos and conferences that Isaac's technology had been showcased in. In doing so, we described the nature of the work and specialties Isaac was invited to speak on and emphasized any information that could be used to demonstrate the impressive stature of the organizations and events his expertise had been presented through. These especially served to evidence the recognition of Isaac as a figure of prominence in his field.
Isaac's Employment in a Critical and Essential Capacity for an Organization with Distinguished reputation
In proving this criterion to USCIS, we again evoked the overwhelming evidence of recognition of Isaac's company due to its securing of high-profile clientele, the widespread usage of the technology and its reach, its popularity in the form of media coverage, recognition by governmental departments and all the other evidence we had covered previously in the petition. We wanted to make it clear and without doubt that Isaac's company was one of distinguished reputation.
Having served the company as its Chief Marketing Officer, we went over Isaac's important responsibilities and how his role had been crucial in its success. This included his direction and implementation of its business development, marketing goals and policies, strategic management, direction of operations, oversight over the execution of business development and annual marketing plans, establishing and managing strategic partnerships for distribution of the technology, and managing the collaboration between the U.S. and Israeli teams. We demonstrated that, without Isaac, his company would not have secured the partnerships and international recognition that it had, and that therefore the company's current success would not have been possible without him.
An essential element in these petitions is to prove the indispensable nature of the client, so careful attention must be thoroughly applied here.
Evidence of Commercial Success of Isaac's work in the Field
Finally, we finished the evidence portion of the petition with a thorough description of the remarkable commercial success Isaac had attained for his company. This included describing its renowned commercial base along with a list of its most high-profile clients, its enormous venture capital funding and growing widespread usage. We thus demonstrated the trajectory with which Isaac's company was becoming a leader in its field.
As with any other EB-1A Extraordinary Ability Petition, it is best to try and provide evidence of as many criteria as possible to have the highest chances of a favorable adjudication, which we were able to achieve with Isaac's petition. This all goes to show that, with hard work, prudence and working closely with the client to fully understand and transcribe all of his or her merits, a favorable answer from USCIS can be secured.