RFE Series II: EB-1(a) Approved within 2 Months After RFE

Dr. Kim contacted our firm in early September 2006, shortly after attending an immigration seminar at his university hosted by Attorney Jerry Zhang. He was interested in applying for a green card under the category of EB-1(a) (aliens with extraordinary ability), and he wondered whether he was qualified.

Dr. Kim had received bachelor’s, master’s, and doctoral degrees in various engineering disciplines. When he emailed our firm, he was a postdoctoral research fellow at a top public university. During his graduate and post-graduate studies, he had produced some original findings in a cutting-edge area of electrical engineering with commercial and military applications. Although Dr. Kim had only five journal publications, they were being steadily cited by other researchers in his field. Dr. Kim also had two conference presentations and two patents, as well as limited experience as a peer reviewer.

Attorney Jerry Zhang responded to Dr. Kim’s email the next morning. He told Dr. Kim that his EB-1(a) application could be successful if he could get six strong letters of recommendation. Dr. Kim agreed and retained our firm, and we soon started to prepare his case.

First, Dr. Kim and his recommenders worked with our firm to prepare his recommendation letters. We made sure that the letters closely addressed the requirements for EB-1(a) petitions. In particular, we made sure the recommendation letters described the significance of his research achievements, which would not be immediately apparent to the USCIS officer reviewing his case, since he worked in an esoteric area of electrical engineering.

Once the recommendation letters were done, Dr. Kim worked with us to compile the rest of his supporting evidence, and one of our attorneys drafted his petition letter. In the petition letter, we demonstrated Dr. Kim’s extraordinary abilities through his publications in prestigious journals, his presentations in distinguished conferences, his work as a reviewer in his field, and his merit-based membership in professional associations.

We filed Dr. Kim’s EB-1(a) petition on April 30, 2007. Although Dr. Kim tried to take advantage of USCIS’s Premium Processing Service for I-140 petitions, USCIS changed its policy and suspended that service soon after his application was filed, so his request was denied, and the premium processing fee was returned. (Recently, our firm has been advocating for the resumption of this service. You can find more information about how you can contribute to this effort here.) For the next few months, we and Dr. Kim waited to hear the results of his case.

On December 4, 2007, we were disappointed to hear that Dr. Kim had received a request for more evidence, or RFE. Specifically, the immigration officer asked for:

Dr. Kim asked Attorney Zhang for advice. Attorney Zhang advised him to prepare more recommendation letters to show that his qualifications met the EB-1(a) criteria.

Dr. Kim maintained a positive attitude throughout this process and worked hard to collect as much evidence as he could for his RFE. Once again, he worked with our firm to prepare the recommendation letters. Attorney Zhang worked with him and his recommenders to ensure that the letters explained the significance of his accomplishments—for example, by describing the extraordinary ways his individual research contributions had contributed to his field as a whole. We prepared a total of three independent recommendation letters and also updated a previous letter from Dr. Kim’s Ph.D. advisor.

Dr. Kim submitted proof of his membership in a scientific honor society, which further demonstrated that he had extraordinary ability, and updated lists of his publications and citations. He also submitted further proof that he had served as a reviewer for journals in his field. Finally, he submitted updated information about his employment, to demonstrate that he was pursuing further work in his field now that his practical training was over.

Based on Dr. Kim’s supplementary supporting materials, Attorney Jeannette Liu wrote a convincing response letter to the RFE. She first reaffirmed Dr. Kim’s extraordinary abilities, then gave in-depth explanations of Dr. Kim’s breakthrough innovation in his field. In addition, Attorney Liu cited the independent recommenders’ evaluations of Dr. Kim’s contributions to his field.

We filed the response to Dr. Kim’s RFE on February 27, 2008. On April 10, 2008, he received notice that his case had been approved. He immediately thanked Attorney Zhang via e-mail. He said he was very satisfied with the professional advice from Attorney Zhang and the good work from our team, including Attorney Liu and Attorney Zhang’s assistant Linda. Dr. Kim’s I-485 application is currently pending. He can now look forward to the day when he receives his green card.

There are a few important lessons that we can take away from Dr. Kim’s case. First, his case shows the importance of maintaining a positive attitude and an open mind during the application process. Even though Dr. Kim was doubtless disappointed to receive an RFE, he took it in stride and worked hard to formulate a strong, comprehensive response. Linda, who worked closely with Dr. Kim throughout the process, was quick to mention that about him and note how important it was to his case as a whole.

Second, Dr. Kim’s case shows that receiving an RFE does not mean that a case is doomed to denial—even when the applicant isn’t able to respond to each individual aspect of the RFE. For example, Dr. Kim’s RFE asked for information about the significance of the awards he had received. Even though we did not respond to that aspect of Dr. Kim’s RFE—choosing instead to focus on his publications, research accomplishments, memberships, and service as a reviewer—his RFE was still approved.

Finally, Dr. Kim’s RFE shows the value of Zhang & Associates’ experienced immigration attorneys and helpful support staff. Attorney Zhang helped Dr. Kim shape his case in a way that was ultimately successful. Linda and the rest of our support staff guided him through the technical aspects of the immigration process. Now, Dr. Kim is a big step closer to meeting his eventual goal of permanent residence in the United States.

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In an EB-1 petition, the attorney must successfully convince the immigration officer that the alien possesses outstanding credentials. Zhang & Associates has a collaborative team of experienced attorneys dedicated to providing high-quality client services. In the past 12 years, we have successfully helped numerous clients obtain green cards in the EB-1(a) and EB-1(b) categories.

Please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation to see if EB-1 is a good choice for you.

(05/19/2008)

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