Case Study: AAO Sustained an EB1-A Appeal of a Petition for an actress

Posted by wegreened on December 23, 2011 in EB1 Green Card

by Victoria Chen, Esq., J.D.

Background: The petitioner is engaged in medical research and publication. It seeks to employ the beneficiary permanently in the United States as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1153(b)(1)(A), as an alien of extraordinary ability as an actress

USCIS Decision: The director determined the petitioner had not established that the beneficiary qualifies for classification as an alien of extraordinary ability.

Evidence :

reference letter 1: "She displays a creative dynamism and artistic spark that is rare as well as highly sought after."

reference letter 2: "She displays a creative dynamism and artistic spark that is rare as well as highly sought after."

reference letter 3:" She is without a doubt one of the most talented actresses in her peer group, working today."

AAO decision The AAO found that the petitioner meets several of the regulatory criteria at 8 C.F.R. 204.5(h)(3). The evidence submitted by the petitioner establishes that she has sustained national acclaim in Canada, and her achievements have been recognized internationally in her field of expertise. The petitioner has established that she intends to continue work in her field in the United States and that her entry into the United States will substantially benefit prospectively the United States. Therefore, the petitioner has established eligibility for classification as an alien of extraordinary ability.

The AAO concluded that the petitioner has met the burden of proof of the beneficiary's extraordinary ability.

from Chen Immigration Law Associates

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North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

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With nearly 64,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

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With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

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Track Record of Success EB-1 and NIW Approvals

(2012.01 - 2025.12)

Category	Approval or Refund^®		Approval or Refiling^TM
	Approval or Refund^®
Category	Approved Sum	Success Rate	Approved Sum	Success Rate
NIW	42,047	99%	5,258	97%
EB1A	9,218	91%	4,534	86%
EB1B	1,488	98%	448	93%
Total	52,753	98%	10,240	92%