Approval of EB1A Extraordinary Ability Petition

The Employment First Preference immigrant visa category for persons with extraordinary ability is known to have very high adjudication standards, and only a very small percentage of cases are approved every year.  Approval rates for non-scientific fields are even lower. That's why we are particularly elated when our architect client's EB1A petition was approved after only 8 days!

Proving extraordinary ability for non-scientific fields such as design, architecture, education, etc., is more difficult due to the objective aspects of these fields.  A post-doc scientist can use his novel scientific discoveries, published researched papers, patents, etc., to prove his case. Similarly, a cancer researcher can use the quantitative results of her cancer research and its effectiveness to prove her extraordinary ability.  

In contrast, an artist or designer does not have similar methods to prove her ability, as there is a certain extent of subjectivity when a piece of artwork is evaluated.  Even extremely talented artists and writers such as Picasso, Van Gogh, Poe, Monet, etc., did not become famous until after they died.  Still, we recognized the talent in our client and painstakingly extracted the various features and aspects of her designs, including her ability to incorporate design with the existing surrounding and landscape, and the ability to solve challenging design issues, to showcase her extraordinary ability.  Recommendation letters of experts from different countries and various government and private sectors were also presented as expert testimonies.  

To gain approval, our firm also employed the concept of comparable evidence to argue this EB1A case. For example, one of the EB1A evidentiary criteria is to prove showcasing of the artist artwork in art exhibitions.  We argued that although our clients' work was not routinely displayed in art galleries, her completed architectural work was actually displayed permanently in live form as buildings, structures, museums, plazas, etc., all over the world.   We also argued that client's presentation in professional conferences can be used to meet the criterion of “published articles,” as previously held by the USCIS Administrative Appeals Office.  

Knowing that substantial evidentiary proof is required to support an extraordinary ability EB1A case, we meticulously gathered documents regarding our client's major projects, both in the U.S. and also other countries, to support the petition. These documents included the project documents, design drawings and schemas, news reports about the design and projects, praises and honors received, positive commercial impact, etc. At the end, over 10 pounds (4.54 kg) of materials were evidentiary materials to USCIS. 

We do not want to claim all the credit for the approval.  Our client also worked very hard to gather supporting evidence. A review of USCIS case history shows many denials for architects and designers. A petitioner must truly be extraordinary and stand out among her peers in order to have a chance for approval.  She must also establish that she has enjoyed sustained national and international acclaim. However, without proper legal representation, in-depth analysis, and sufficient evidentiary proof, even a well-qualified applicant may fail to prove her extraordinary ability.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)