KEYBE CASE STUDY OF US IMMIGRATION SUCCESS.

Meeting the rigorous criteria for an EB-1A visa

Contributor

Nadine Heir

Reading time

4 mins read

Date published

Jul 29, 2024

Securing a US green card is a daunting task; it takes plenty of time and patience. Samuel Urquijo, founder of Keybe, navigated the process with Tukki’s help, a platform designed to help people obtain their visas smoothly and simply, backed by paralegals and lawyers in the US.

We were lucky to hear Samuel’s account of the support and guidance he accessed and will share what you can learn from his experience.

Exploring US immigration options

Samuel first came across Tukki at a networking event organized by McKinsey in Miami. There, he met Ramiro Roballos and José de Wit, who spoke passionately about their startup, Tukki. Their enthusiasm and deep understanding of the immigration process — having suffered through the archaic process personally and second-hand respectively — immediately resonated with Samuel.

They had caught Samuel just as he was contemplating transitioning from an O-1 visa to an EB-1A, in order to secure a green card and establish long-term residency in the US with his wife.

The O-1A Visa vs. the EB-1A Visa

Samuel’s journey began with the O-1A visa, a nonimmigrant visa for individuals with extraordinary abilities in their field. While the O-1A allowed Samuel to live and work in the US, the visa had its limitations:

  • The visa was valid for only three years, requiring going through renewals to stay in the US
  • The O-1A visa was tied to an employer, requiring additional paperwork and new petitions to work for another company
  • Additionally, the applicant’s spouse, who was holding an O-3 visa in Samuel’s case, could not obtain a Social Security Number or work in the US, adding further constraints.

Living and breathing these limitations, Samuel decided to pursue the EB-1A visa, which is also designated for individuals with extraordinary abilities but offers a pathway to permanent residency. Seeing that his transition from a O-1A to EB-1A was driven by his desire for long-term stability and the ability to live and work in the US indefinitely, Tukki got to work helping him evaluate the options.

Rigorous criteria to meet

Tukki’s role in Samuel’s immigration journey started by providing expert legal guidance and support throughout the application process. The platform’s lawyers demonstrated a deep understanding of the legal requirements and strategic considerations involved in securing an EB-1A visa, according to Samuel. “Tukki was instrumental in helping me navigate the complex criteria and documentation required for an EB-1A visa.”

One of the key challenges for anyone applying for an EB-1A visa is meeting the rigorous criteria that demonstrate extraordinary ability. The lawyers from Tukki's network were adept at identifying and emphasizing the applicant’s qualifications and achievements that aligned with these criteria. The team provided advice to Samuel on which accomplishments to highlight and which to omit, guided him through the submission, one evidence piece at a time, and ensuring that the application presented a compelling portrayal of the founder’s extraordinary abilities.

“I was glad to know all of this up-front,” says Samuel. “They gave me the advice on which visa I’m a good candidate for, the cost, how to start, and what information to put in the petition.” Tukki believes there’s no reason for you to waste time on a visa petition, so this process is standard for all applicants.

How to craft a strong EB-1A application

Tukki's support extended to the meticulous preparation of the application materials. The team helped Samuel compile a comprehensive and well-organized dossier, focusing on elements that would make a strong case for the EB-1A visa. This included:

  1. Expert Letters: Expert letters need to go beyond generic endorsements, ensuring that each letter provided substantive evidence of the applicant’s exceptional skills and contributions.
  2. Professional Achievements: It’s important to strategically select and present your professional achievements. For Samuel, this involved a careful curation of work experiences, publications, and awards that showcased his impact and recognition in his field.
  3. Publications and Media: While the applicant had a background in publishing scientific articles, Tukki advised on the importance of quality over quantity. Applicants should include only significant publications and media coverage that demonstrate true influence and expertise.

“Tukki helped me to get deep expert letters that describe specifically why these people recommend me, highlighting how my talent should be recognized in the US,” explained Samuel, who was approved for his EB-1A visa in June 2024.

Intricate differences: O-1A and EB-1A visas

The main differences are purpose and duration of the visa.

  • The O-1A is a nonimmigrant visa. It allows individuals with extraordinary ability in arts, science, business, education, or athletics to work in the US. The visa is granted for a specific job or event and is initially valid for up to three years, with the possibility of extension.
  • The EB-1A visa, on the other hand, is an employment-based immigrant visa that allows people to obtain permanent residency in the US. There are three categories of EB-1 visa: EB-1A is for individuals with extraordinary ability in arts, science, business, education, or athletics. EB-1B is for outstanding professors and researchers, while the EB-1C is for multinational executives and leaders.

To cater to the differences, Tukki's team always manages applicants’ expectations and communicates transparently to alleviate the stress associated with the application process.

Samuel's experience with Tukki underscores the impact that expert guidance and strategic support has on the US immigration process: “Tukki was really helpful in showing me what’s important and what to leave out, to avoid creating noise into the process. Their lawyers and tech guided me all the way to visa approval.”

Tukki's comprehensive approach, from initial consultation to detailed application preparation, aim to provide a structured and achievable path — culminating in a premium US immigration experience.

Want to find out which visa is ideal for you? Try Tukki’s visa match tool to find out which US visa you might be suited to.

WE CAN HELP

Need more clarity?

Find quick answers to frequent visa questions from our legal experts

How much documentation do I need to file a visa petition for an EB-1A or O-1A visa?

In US immigration processes, your claims must be more likely than not to be true. This means if something appears more true than false, USCIS should accept it as true. To meet this standard, the visa petitioner should provide documents that convincingly support the claim’s validity.

For instance, to prove you received VC funding, you could provide signed SAFE agreements with a VC, a published article about your funding round, and documentation about the relevance of the VC.

Keep in mind that theory and practice do not always perfectly align. It’s crucial you speak to an experienced legal team to avoid spending time and money on documentation that does not support your case.

What are the typical questions in the O-1 consular interview?

Questions vary, but the most common is: “Tell me why you are extraordinary?” Be ready with a concise summary of your accomplishments.

This is the time to confidently highlight your achievements, not to be modest.

You should also be prepared to explain the details of your U.S. job—your duties, employer, compensation, and location.

Can I switch employers while on an O-1 visa?

Yes. You can change employers, but in most cases the new employer must file a new petition before you can begin working with them.

The only exception is for O-1B visas filed through a U.S. agent—in those cases, you may switch or add employers without needing to file a new petition.

What is the I-140, and why does it matter after PERM?

The I-140 Immigrant Petition is the second stage of the EB-2/EB-3 green card process.

Once PERM is certified, the employer files the I-140 with USCIS to prove three things:

  1. The worker met every PERM requirement before the PERM was filed.
  2. The job offer is genuine and permanent.
  3. The employer can pay the prevailing wage from the PERM priority date onward. This is known as ability to pay, and USCIS reviews tax returns, annual reports, audited financials, or payroll records to verify it.

If any of these elements is unclear, USCIS may issue an RFE, NOID, or denial.

The I-140 does not replace the PERM; it confirms that the worker and employer both qualify to move forward to the green card stage.

Can my company sponsor me for an O-1A if I hold equity in it?

According to recent USCIS policy, yes. In general, the agency requires a legitimate employer-employee relationship, which typically involves the ability to “hire, pay, fire, supervise, or otherwise control the work” of the beneficiary.

Since this policy is new and USCIS has provided little guidance, it remains unclear how these requirements will be applied in the O-1 context.

Other blogs for every step of your visa journey

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