Don't reach out to an immigration lawyer about EB1 without doing these 7 steps
Step-by-step guide to ensure you get the most out of immigration consultation call
The USCIS officer is NOT the first person you need to convince that you’re a person of extraordinary abilities. It is your immigration attorney.
Here’s the deal -
Nowadays, almost all attorneys provide a free discovery call for your EB1* application.[*or any other merit-based visas like O1 and EB2 NIW]
These are some of the most common questions aspirants ask attorneys:
“I am [gives intro of professional career]. Should I go for EB1?”
“I have [lists all professional accomplishments]. Do I qualify for EB1?”
“I have done X, Y, and Z. What are my odds of getting my EB1 approved?”
By using the discovery call to ask these basic, surface-level questions, you’re missing out on a chance to gain more valuable insights that can enhance your EB1 application journey.
To make the most of your call with the immigration lawyer, complete these 7 steps before reaching out to them.
1. Know the EB1 criteria on USCIS.GOV
Go to USCIS.GOV’s website and take a look at the 3 categories: Extraordinary Ability [EB1-A], Outstanding Researchers/Professors [EB1-B], and Multinational Managers and Execs [EB1-C].
Learn the pre-requisites and the requirements you need to satisfy to qualify for each of the 3 categories.
2. Understand what each criterion means
This is the step a lot of people skip. They read the 6 or 10 requirements of EB1A and EB1B, then immediately list out all the things they have done to remotely satisfy the criteria, and run off to the lawyers to seek approval and ask a million clarification questions.
NOT YOU!
Your next step will be to thoroughly understand what each of the criteria mean - in painful detail. Brian Lisonbee, immigration lawyer, had explain each of the 10 criteria for EB1A in his website blog.
Read all of them. ALL.OF.THEM.
3. Identify 3-4 criteria that you already satisfy
After educating yourself about each criterion, now you sit with your resume and analyze it to understand how well it satisfies the EB1 criteria.
Don’t use your bullet-pointed 1 page resume for this activity. Instead, use that 1-page resume as a prompt to expand on (1) all the work you have done, (2) significance of the work you have done, and (3) impact that you have created through your work that satisfy the EB1 criteria.
This activity will help you recognize that you've met or made progress towards meeting which EB1 criteria.
4. Know what does NOT work for USCIS. Look up “AAO Non-Precendent Decisions”
Not so fast, homeboy. Its still not time to set up an appointment with the attorney.
After you have analyzed your profile and identified the 3-4 criteria you’ve fulfilled, now its time to check your assumption - Have you really fulfilled the criteria?
To do this, look up “AAO Non-Precedent Decisions” on USCIS.GOV
These are all the cases USCIS has denied EB1s.
To find these cases:
Select “i-140 Immigration Petition for Alien Worker (Advanced Degree, Exceptional Ability) for EB1-A
Select Month / Year (optional)
Enter a search term
In search term, enter your job title or field of work in parentheses. For example, if you are a software engineer, then enter “software engineer” in search term.
This will pull up a list of PDFs that look like this.
Dowload 5-10 of these PDFs and review them.
Check what are the common reasons USCIS rejects cases. Make a list.
5. Re-analyze your profile to see: Are you still satisfying the criteria?
Take the list you have created in step 4 and re-assess your profile to check your initial assumption. In other words,
Are you really satisfying the criteria you thought you were satisfying or is there more work to be done?
As uncomfortable as it is, be brutally honest with yourself in this step.
If you cannot convince yourself that you have satisfied the criteria, then you sure as hell cannot hookwink the attorney or the USCIS officer into believing that you have.
6. Draft a preliminary game plan to strengthen your profile
This is the step where you will separate yourself from the masses. Because this is the step where you take complete ownership of your EB1 profile building process.
Based on all the above steps you’ve completed, i.e.,
Understanding the 10 criteria of EB1
Identifying the common reasons for denial of EB1 and
Honest assessment of your own profile on EB1 criteria
Now, answer the question,
“What work do I need to do to make my profile EB1 ready?”
Use this question as a guide to draft up a preliminary plan for yourself.
7. Make a list of Targeted Questions on Profile & Plan
Woohoo! You made it to the final step of this process.
Now that you have done all this homework, you're equipped to ask immigration attorneys more specific and focused questions regarding your profile and your plan, instead of wasting time on basic inquiries.
Look at you - You completed all the steps to finally have a fruitful call with the immigration lawyer!
If its a free call, great! But, if you’re paying for the call - make the lawyers work for your money.
You got this!
Best,
Dr. Aditi Paul
Very helpful article!