EB-1A is under tough scrutiny, what should you do?

Jing Amy Feng

 

Ms. Yu is a distinguished artist who is nationally known for her accomplishments in the fine arts in China. She holds a Master’s degree in Art from a Chinese University. She has 6 national awards, 26 exhibitions, and 29 published works and major media reports on her personal achievements as an artist. It is a comparatively strong case. However, under current immigration climate, no one has strong case.

Ms. Yu has been invited to present her designs and paintings by many well-known show-casers in the art industry. However, while she is one of the leadings painters, her achievements mainly landed in China. It is challenging to demonstrate how she is going to continue her contributions in U.S. once she is granted her green card. The preparation of her case took 6 months, during which Attorney Feng suggested Ms. Yu show case her work in U.S. exhibitions and galleries, look for roles to contribute to education and local community. This way, her future in U.S. will be less clouded.  EB-1A applicants in art are quite different to applicants in basic science research as artists are short on publications but strong on media reports and art exhibitions. Leading artists in general have national or international awards.  Having helped many artists in EB-1A applications, Attorney Feng knew exactly how to present strong recommendation letters for Ms. Yu to showcase her creativity and artistic achievements. Ms. Yu is good at combining east and west artistic elements in her work. In her RLs, Attorney Feng addressed Ms. Yu’s inspiration, motivation and artistic message behind of each major work. Anyone who reads these RLs will have a clear picture on how she achieved her work and why she stands out in her field.    Besides Ms. Yu’s own art exhibits, Attorney Feng also included her major collections, committee evaluations, awards, and professional accolades that all displayed Ms. Yu’s wide range of influence in the fine arts in the U.S. By fully discussing the impacts of Ms. Yu’s past and continued work in the field, Attorney Feng successfully presented evidence of her numerous painting contributions and decorated status in the field.

During the eleven month’s pending period, Ms. Yu asked several times if she could request premium to get the determination. Attorney Feng suggested her wait patiently. Considering the tough EB-1A and entire immigrant climate, asking premium easily triggers RFE or denial. If no urgent reason, it is safe to let the officer take time adjudicating your case. Fortunately, Ms. Yu followed Attorney Feng’s advice and waited for eleven months. Her case was approved without any challenge.

This is normally the average processing time for EB-1A, and even though this case presented considerable challenges in terms of the evidence that was available to make the case, its success in the normal amount of time is very impressive. This shows that even a decent case needs careful planning, right to the point strategy, thorough preparation, and enormous patients.  Your case will have a very strong chance with the proper tailoring of a highly skilled attorney. As long as you can persuasively prove that you meet the EB-1A requirement, you will have a chance to success. In Ms. Yu’s case, she benefitted from the careful crafting of strong recommendation and petition letters, and the highly experienced legal counsel she was given in regards to her case.

We encourage you to send us your CV to evaluate whether you have a good chance to succeed under EB1 or EB2 NIW categories. An experienced attorney can ease the way for approval.

*In order to protect our client’s privacy, all identifying information has been changed.

 

*Attorney Jing Amy Feng is the Partner of Jing Feng Law Group PLLC. (www.fengvisa.com).  She has extensive experience in working visa applications and employment/business immigration, with a proven record of many successful NIW, EB-1, O, H-1B, PERM cases.  She may be reached at jfeng@fengvisa.com