Blog Post

The Law Office of Akintunde F. Adeyemo, PLLC has successfully represented a client, a leader in the field of geoscience, under the Employment-Based, First-Preference Green Card (EB-1A, Alien of Extraordinary Ability).

After the EB-1A petition was approved by the U.S. Citizenship and Immigration Services (USCIS), the firm immediately informed our super-excited client, a highly respected geoscientist. Now, we would like to provide more information about this case.

This case, which the firm filed on January 17, 2025 (USCIS confirmed receipt on January 21, 2025), was expedited using the premium processing option (USCIS charges a separate fee to adjudicate a case within 45 days). The quick adjudication has no bearing on the outcome of the case, so think twice before making that expensive decision. Have this discussion with your attorney.

What is EB-1A? EB-1A is an employment-based, first preference immigrant visa (Green Card), and it is one of the statutorily approved ways for qualified foreigners of extraordinary abilities to become permanent residents in the U.S., and, subsequently, become U.S. citizens. In other words, only the “best and brightest” individuals are eligible to file this petition. For EB-1A, your location is irrelevant. In this case, our client, who currently lives outside the U.S., will go through consular processing. Per the statute, you must show that you are a foreigner of extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. [INA §203(b)(1)(A). 8 CFR 204.5(h).] Additionally, the foreigner must provide sufficient qualifying documentation that meets at least three of the ten categories listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). Finally, after providing the evidentiary requirements set forth at 8 C.F.R. § 204.5, and based on a two-part test to determine eligibility, the Kazarian analysis follows (i.e., a final merits determination, per Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010)).

Neither an offer for employment in the United States nor a labor certification is required for this classification; therefore, anyone can file the petition on behalf of the person, including the noncitizen who may file as a self-petitioner. See 8 CFR 204.5(h)(5). See also 8 CFR 204.5(h)(1).

In the case at hand, and in the following order, we attempted the following six (6) regulatory criteria:

Criterion No. 1: Beneficiary has Performed Leading or Critical Roles for Organization. See 8 C.F.R. § 204.5(h)(3)(viii). Key exhibit here: Our client is the chief consultant at an indigenous company providing oil and gas consultancy services.

Criterion No. 2: Membership in associations in the field for which classification is sought. See 8 C.F.R. § 204.5(h)(3)(ii). Key exhibit here: Our client is a fellow of a professional association in her field of expertise.

Criterion No. 3: Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. See 8 C.F.R. §204.5(h)(3)(i). Key exhibit here: Our client received a merit-based award from a national organization in her field of expertise.

Criterion No. 4: Participation as a Judge of the Work of Others. See 8 C.F.R. § 204.5(h)(3)(iv). Key exhibit here: Our client served as an assessor at a national level.

Criterion No. 5: Original Scientific or Scholarly Contributions of Major Significance in the Field of Endeavor. See C.F.R. § 204.5(h)(3)(v). Key exhibit here: Our client published a widely acclaimed research that has been adopted in her field of expertise.

Criterion No. 6: Authorship of Scholarly Articles in the Field of Endeavor. See C.F.R. § 204.5(h)(3)(vi). Key exhibit here: Publications and industry reports that have influenced others in her field of expertise.

Additionally, the carefully written 35-page brief cited, as well as analyzed, different applicable laws, regulations, and pertinent evidence to corroborate the assertions. EB-1A cases are tricky and tough, so you need to consider hiring a law firm/lawyer that understands all the nuances of the law. Before drafting every brief, we do comprehensive research on the AAO’s website, as well as review the Kurzban’s Immigration Law Sourcebook: EB-1A cases are won on the merit of the arguments. Factual and legal arguments. In fact, it is an evidence-based petition. As in the case at hand, the firm submitted verifiable evidence showing that our client, whose accomplishments are truly extraordinary, would contribute substantial benefits to the United States in the future. To support this brief, the firm submitted 74 exhibits.

In drafting this brief, the firm had multiple touchpoints with the client. Understanding what the client does is very critical to filing an EB-1A brief. Moreover, by providing verifiable evidence, the brief argued that the client — whose deep knowledge of geology has been widely used to explore, locate, and develop sustainable extraction methods for natural resources — fits neatly into the talent pool that will serve the best interest of the United States. Based on our understanding of the client’s work, the brief focused on these key areas — energy security and development of shale gas. Leveraging verifiable evidence, the brief explained that our client’s past and current accomplishments are clearly indicative of her future contributions. The brief also showed that our client has maintained a relentless commitment to continue working in the acclaimed area of expertise, including her role as a chief consultant on different projects involving multinational companies.  

The brief argued, inter alia, that her proposed endeavor — contributing to the advancements of geoscience, with a specific focus on using novel methods to determine the location and development of shale gas, a form of natural gas, in order to increase the U.S. energy security and reduce green gas pollution — will potentially lead to bolstering domestic production of our natural resources.

Our brief provided extensive documentation showing our client’s accomplishments are unparalleled, and her rise to professional stardom in the world of geoscience has remained consistent and continuous, with honors bestowed upon her by national organizations for her outstanding contributions to the field of geoscience. We also submitted verifiable evidence showing that our client served in multiple roles (including as a subject matter expert and biostratigrapher on different joint ventures) at a globally recognized oil and gas company, with footprints in multiple countries. The United States, which has vowed to lead the world in ushering in oil and gas exploration, will greatly and substantially benefit from our client’s plan to come into the United States to pursue her unique work in this critically important area: geoscience, the brief argued.

As a matter of fact, there was no RFE request, for the legal brief survived the above-cited two-part test.

With this crucial phase now over, and because EB-1A has no backlog (i.e., the priority date is CURRENT) our client, who currently resides abroad, will IMMEDIATELY proceed to the next stage: consular processing. For clients in the United States, the adjustment of status follows (in fact, both I-485 and I-140 can be concurrently filed). This is a big win for the amazing Team at the firm. Most importantly, this is a big win for our client: a step closer to the American dream.

Again, congratulations to our client!

The Law Office of Akintunde F. Adeyemo, PLLC is now accepting new clients in the areas of EB-2 (NIW) and EB-1A.

To read more about EB-2 (NIW), visit: https://www.akinalaw.com/blog/11/a-permanent-residency-option-for-foreigners

To read more about EB-1A, visit: https://www.akinalaw.com/blog/18/eb-1a-frequently-asked-questions

For a free (100%) case evaluation for EB-1A/EB-2 (NIW), contact the attorney-in-charge of The Law Office of Akintunde F Adeyemo, PLLC:

Akintunde F. Adeyemo, Esq.

Attorney, Counselor & Solicitor

734-318-7053 (Call, Text, Including WhatsApp)

Website: www.akinalaw.com

Email address: info@akinalaw.com

#eb2niw #immigrationlawyer #immigrationattorney

***FOR INFORMATIONAL PURPOSES ONLY. PAST SUCCESS DOES NOT INDICATE THE LIKELIHOOD OF SUCCESS IN ANY FUTURE LEGAL REPRESENTATION***

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