Case Summary     

We are pleased to share the success story of an EB1A (Alien of Extraordinary Ability) approval granted to a president and chief technology officer from China. This case is especially significant because it was prepared and filed under time-sensitive circumstances in an effort to protect the client’s dependent child under the Child Status Protection Act (CSPA). At the time of filing, the client was employed at a private company in the United States and had produced impactful innovations in materials science, particularly in ceramic atomization technologies.

Filing Strategy with CSPA in Mind

This case required careful planning and rapid execution due to the client’s goal of preserving CSPA eligibility for an unmarried daughter nearing the age of 21. Given the urgency, we pursued a streamlined filing strategy designed to meet the minimum evidentiary requirements for EB1A submission, with the expectation of receiving a Request for Evidence (RFE). The objective was to file the petition before the daughter’s 21st birthday and allow the case to remain pending as long as possible, maximizing the time creditable toward her CSPA-adjusted age.

The initial petition package included a one-page summary letter, basic identity and education documents, and a brief overview of the client’s research background. While not sufficient for approval on its own, this filing allowed the I-140 to be received by USCIS in time to preserve the best chance for CSPA protection.

Responding to the RFE with Substantive Evidence

As expected, USCIS issued an RFE requesting additional documentation to support the petition. Our team responded with a comprehensive packet of evidence demonstrating the client’s sustained contributions to materials science. His work focused on ceramic-based atomization technologies used in next-generation vaporization and inhalation devices. These innovations have enhanced device performance, safety, and dose control and have been adopted in both commercial and medical applications.

The client had authored 9 peer-reviewed journal articles and held 31 granted or pending patents. His work had been cited more than 280 times and published in top-ranked journals. In addition, he had completed at least 14 peer reviews, reflecting his recognition as a qualified reviewer in the field.

We also included documentation of industry awards recognizing the significance of his patented technologies, including honors from international competitions in nanotechnology and product innovation. These materials helped establish the client’s original contributions of major significance and his standing among the top professionals in his field.

EB1A Approval and Outlook

The I-140 petition was filed on February 22, 2024. USCIS issued an RFE on April 24, 2025, and the petition was approved on August 13, 2025. While there is no guarantee that the dependent child will be protected under CSPA, this strategy of filing before the 21st birthday and allowing for a lengthy pending period provided the best chance under the circumstances.

This case highlights the complexity of timing-sensitive immigration matters and the value of legal expertise in guiding clients through CSPA-related filings. With NAILG’s support, the client secured EB1A approval and now stands well-positioned to continue advancing high-impact research in materials science. We are proud to have assisted this family during a challenging and high-stakes immigration process.