EB-1A Approval for a Successful Businessman Residing Overseas
Having graduated from the EMBA program offered by Asia’s most influential business school, Mr. Wang, the vice president of a publicly traded real estate company, is a top-notch real estate marketing businessman who has received top awards and media attention. In late August, 2012, he contacted us for a free evaluation of the feasibility of his filing an NIW or EB-1A application. Our business development attorney, Owen Gu, carefully reviewed his background and thought that he was qualified for an EB-1A application. Since Mr. Wang prefers to communicate in Chinese, Attorney Gu wrote emails in Chinese and also called him via international long-distance phone calls.
In mid-September of 2012, Mr. Wang retained us for his EB-1A application. Considering that he was familiar with Mr. Wang’s background, Attorney Owen Gu took the liberty of being the in-charge attorney of the petition.
In general, to establish that an alien is a top member within his/her respective field, evidence of receipt of an internationally recognized award such as a Nobel Prize or an Academy Award is accepted. However, in the absence of an internationally recognized award, the alien can establish himself/herself as an Alien of Extraordinary Ability by providing documentation of any three (3) of the following:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence.
Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields.
Published material in professional/major trade publications or major media about the alien and relating to the alien's work field.
Participation as a judge (individually or as a part of a panel) evaluating the work of others.
Original scientific, scholarly, or artistic contributions of major significance.
Authorship of scholarly articles in professional journals or other major media.
Artistic exhibitions/shows.
Leading role within an organization/establishment with a distinguished reputation.
High salary/compensation for services in comparison to others.
Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disk, video, or DVD sales figures. The alien must also show that his/her admittance into the United States will substantially benefit the United States in the future.
As Mr. Wang is not a scholar in an academic field, we could not emphasize his numbers of journal publications, citation, reviews, etc., as we have done for many postdoctoral scholars’ petitions. Attorney Owen Gu mentioned that Mr. Wang is an alien of extraordinary ability on the basis of the following facts:
Mr. Wang’s contributions to real estate business development gained him national awards pursuant to Title 8 C.F.R. § 204.5(h)(3)(i);
Mr. Wang’s work has been the subject of major media or publications pursuant to Title 8 C.F.R. § 204.5(h)(3)(iii);
Mr. Wang’s participation as a judge of the work of others in the same field pursuant to Title 8 C.F.R. § 204.5(h)(3)(iv);
Mr. Wang is a member of an organization that requires outstanding achievements of their members as judged by recognized national or international experts in their field pursuant to Title 8 C.F.R. § 204.5(h)(3)(ii);
Mr. Wang has published scholarly articles in the field in major professional publications pursuant to Title 8 § C.F.R. § 204.5(h)(3)(vi);
Mr. Wang has commanded a high salary or other significantly high remuneration for services in relation to others in the field pursuant to Title 8 § C.F.R. § 204.5(h)(3)(ix);
Over the next few months, our firm worked diligently with Mr. Wang to obtain and revise strong letters of recommendation from experts in his field. Through letters from both leading experts who had worked with Mr. Wang and those who knew of him only through his outstanding contributions to the field, we set out to decisively prove the exceptional caliber and national necessity of Mr. Wang’s work. In order to further impress upon the reviewing officer Mr. Wang’s rare yet vital skills, his impressive record of achievements, and his unique knowledge relevant to his current and future work, our legal team also assisted him in compiling documentation of some of his publications and awards.
Zhang & Associates, P.C.’s team, with the help of Mr. Wang, efficiently prepared all of the evidence crucial to successfully petitioning for an EB-1A visa. Citing the strong evidence we had gathered, Attorney Owen Gu wrote a petition letter to USCIS proving that Mr. Wang had specific prior achievements that justified projected future benefits; that he possesses unique management skills and knowledge and background that serve the national interest; that he will serve the national interest to a substantially greater degree than his similarly trained peers; and, that his continued participation in his field is necessary. Although Mr. Wang works in China, Attorney Owen Gu was able to successfully demonstrate that Mr. Wang’s achievements and abilities qualified him for an EB-1A petition.
Late in August of 2013, we submitted Mr. Wang’s EB-1A petition to the USCIS. In late-October of 2013, only two months after the initial filing and without a request for evidence (RFE), we were glad to know that Mr. Wang’s EB-1A case was approved. Mr. Wang sent emails to Attorney Owen Gu and expressed sincere thanks for our professional service.
We wish Mr. Wang the best of luck in his future life in the U.S.
If you are interested in filing an NIW or EB-1 petition but are not sure if you are qualified, please contact us at info@hooyou.com and our experienced attorneys will provide you with a free evaluation.
*In order to protect our client’s privacy, all identification of Mr. Wang’s information relating to this case has been changed.
Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past
seventeen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, P.C.
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| Tel: | 1-800-230-7040, 713-771-8433 |
| Email: | info@hooyou.com |
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(11/01/2013)