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 many criteria do I need to meet for each visa?

Both visas require meeting at least 3 criteria from their respective lists.

  • O-1A has 8 criteria.
  • EB-1A has 10 criteria (two additional ones apply to performing arts).

For EB-1A, meeting 3 criteria is only the first step, and it is generally recommended to apply with more than just the minimum.

USCIS also conducts a final merits determination to assess whether your overall profile shows that you are truly at the top of your field. The quality of evidence matters more than the number of criteria claimed.

Is there a lottery or annual cap for the L-1A?

No. The L-1A visa has no annual cap and no lottery. Your employer can file a petition at any time of year as long as all visa requirements are met. This is a key difference from the H-1B, which is subject to an annual cap of 85,000 and requires lottery registration.

Can I use a blanket petition for someone already in the United States?

No. Blanket petition beneficiaries must go through consular adjudication at a U.S. consulate abroad, which means they need to attend an in-person L-1 visa interview outside the United States.

If your employee is already in the U.S. and you want to avoid international travel, you'll need to file an individual petition on Form I-129 with USCIS.

Can I work while waiting for my green card approval?

Yes, if you apply for and receive an Employment Authorization Document (EAD) as part of your Adjustment of Status.

Without an EAD, you cannot work until your green card is approved, unless you already hold a valid work visa.

How long does the consular interview take?

The consular interview itself is usually brief, often lasting around 10 to 15 minutes.

The longer wait is typically scheduling the appointment. After approval, many applicants receive their passport with the visa stamp within a few business days, depending on the consulate.

Other blogs for every step of your visa journey

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