Introduction.

This case study delves into the successful EB-1A approval of an exceptional individual who made significant contributions to their field, revolutionizing network analytics and performance reporting systems.

Background:

The Petitioner with over two decades of experience in the telecommunications industry, had a distinguished career at a leading telecommunications company. During their tenure, they led groundbreaking initiatives and played a pivotal role in developing cutting-edge solutions for enterprise applications. This individual recognized the benefit of filing an EB-1A petition and had filed the relevant paperwork on December 5, 2023, with a request for Premium processing.

Thirteen days later the Petitioner received a Request for Further Evidence and contacted the Attorneys at Patel Law Group (PLG) to request assistance in formulating a response.

US Citizenship and Immigration Services (USCIS) questioned the candidate’s eligibility for EB-1A, in particular whether the Petitioner had submitted sufficient evidence to meet at least three of the ten criteria and whether his achievements indicated that he was in the small percentage of people that had risen to the very top of his field of endeavor.

The Petitioner was able to show that he performed a leading/critical role in distinguished organizations and commanded a high salary compared to others in the field. This allowed him to meet two of the relevant criteria. He therefore required our assistance meeting one additional criterion and showing that he was in the top 1-2% of his field, to obtain EB-1A approval.

PLG’s approach

We reviewed the initial submittal submitted by the Petitioner and focused on what we thought would be the strongest document to meet one additional criterion. We submitted evidence in support of the following three criteria:

Evidence of the Petitioner’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
Evidence of published material about you in professional or major trade publications or other major media.
Evidence that you have been asked to judge the work of others, either individually or on a panel.

Although the Petitioner had made significant contributions throughout his career, his most notable contribution was the invention of a unique Network Device Performance Reporting System. This innovative solution addressed critical challenges faced by large organizations in monitoring network performance and utilization. Unlike traditional systems, it utilized cloud-based architecture, leveraging public cloud infrastructure for scalability, efficiency, and data protection through encryption measures.

The Petitioner’s invention was implemented across various telecom products by a leading U.S. operator, benefiting millions of customers globally. His solution provided enhanced efficiency, scalability, and cost-effectiveness compared to existing commercial off-shelf products. By selectively transmitting necessary data and enabling seamless scaling, it allowed business customers to monitor network performance effectively, with alerts ready for any issues.

Integration into Widely Consumed Products

We successfully argued that the Petitioner’s solution was integrated into widely consumed products and services offered by a leading telecommunications company, supporting over 3 million devices, and benefiting more than 100,000 customers. This widespread implementation demonstrated the global impact and significance of his contribution in enhancing network performance, scalability, and security. We strongly believe that this argument helped the Petitioner demonstrate his original contributions of major significance to the field.

Furthermore, we argued that his significant expertise and contributions amounted to extraordinary ability in the field of Security in Distributed Computing and Telecommunication Applications, putting him in the top 1-2%. This was supported by numerous expert letters from leaders in the industry that could attest to the Petitioner’s groundbreaking invention and its impact on the telecommunications industry.

Result

We submitted the EB-1A response to USCIS, and to our delight, they approved the case within 2 weeks. Success was only possible through the great teamwork. It was between our firm and the Petitioner.

EB-1A recipients get priority processing. This leads to faster green card processing than for other employment-based categories. This person was born in India. They would have faced long backlogs in the EB-2/EB-3 categories.

Securing an EB-1A approval signifies recognition of extraordinary ability or achievement in one’s field, enhancing professional credibility and opening doors to broader career opportunities and advancement within the United States.

Conclusion

EB-1A is no easy feat and requires strong supporting documentation and a compelling persuasive argument. Documentation alone without a compelling argument is unlikely to convince an officer that the Petitioner’s contributions are of an EB-1A caliber.

Assembling an extensive portfolio of evidence showcasing extraordinary ability or achievement is crucial. Presenting these materials within a compelling narrative framework significantly strengthens the case and is one of the main advantages of hiring a qualified Attorney.

We are delighted with the result and wish the Petitioner all the best for his future endeavors.

If you have any questions regarding EB-1A please contact PLG Partner Chris Prescott at cprescott@patellegal.com.