THE FAST, ELEVATING EXPERIENCE OF US IMMIGRATION WHEN APPLYING FOR AN EB-1A VISA WITH TUKKI

Fast-tracking the US transition - Switching from an EB-2 NIW to an EB-1A extraordinary ability visa

Contributor

Tukki

Reading time

4 mins read

Date published

Sep 17, 2024

Natalia Rodríguez, an accomplished professional in STEM with a successful business background, took advice of her peers to apply for a visa to live, work, and move freely in the US. Her goal was to gain more flexibility to travel frequently for business, access economic opportunities, and long-term provide a better education for her children, but she’d never thought she would be eligible for more than a successful US tourist visa application, until nudged.

Initially, Natalia began her visa journey with traditional US immigration lawyers, applying for the EB-2 NIW visa. However, she became unsure whether this was the right path for her when noting that the process was largely unpersonalized to her specific case.

"I started my visa application with another firm before getting in touch with Tukki. I was applying to the EB-2 NIW, but I wasn’t confident in the process," Natalia told us. "The first US immigration lawyers I contracted try to fit you into the EB-2 NIW criteria because it’s what’s most scalable for them. They didn't do anything wrong but they also didn’t analyze my case in a personalized way.”

Doubts arise about EB-2 NIW eligibility

As Natalia went deeper into the process, the EB-2 NIW application began to feel more like a one-size-fits-all solution. She started to feel that they hadn’t taken her full potential into account. This left her feeling uncertain about whether she was on the right path.

Ultimately, Natalia’s time and resources were at stake, so she wanted a solution that would make her feel secure in the process, confident that her application would truly reflect her qualifications and background.

"The first US visa lawyers I tried didn’t give me the whole picture. I was presented with how my background lined up against one visa option, but no one questioned if it was really the best fit for me."

A tech-enabled alternative for the EB-1A extraordinary ability visa

Natalia discovered Tukki through a LinkedIn post and reached out to a former college friend, Saveliy, for advice. Saveliy had founded Tukki since they last spoke, hoping to support US visa hopefuls with their applications through exceptional legal support and a transparent platform. It was just what Natalia was looking for.

The shift was immediate once she engaged Tukki. All her options were considered given Natalia’s extraordinary ability, but the team suggested switching to the EB-1A visa after carefully reviewing her case, since it aligned better with her unique qualifications.

"When Tukki started talking to me about my background, I realized I had more than three strong pieces to help me apply for the EB-1A visa. I also came to understand the EB-1A processing time would be faster for my specific case."

Applicants divulge transparently—you deserve the same from your US immigration lawyers

Tukki’s personalized, transparent approach gave Natalia the confidence to thank her previous US immigration lawyers for their work and start afresh. Tukki’s platform and team provided a clear roadmap for her application, diving into specific requirements and giving her a detailed pre-screening to ensure she met all EB-1A criteria. Throughout the process, she says she felt fully supported, which is precisely what Tukki’s name means!

"I felt more confident with Tukki submitting my visa application than the firm I had already hired. I dropped my initial application and started over on this more customized path."

Digital hand-holding matters

What stood out to Natalia was not only Tukki’s expertise but their dedication to her personal success achieving the EB-1A green card. The team of paralegals and lawyers treated her case with care, offering her personalized support that made her feel like she was their only client. "My impression was that I was the only client for them. They knew exactly what they were doing, and they were there for me the entire journey."

Thanks to Tukki’s guidance, Natalia is now well on her way to securing her EB-1A visa. She feels confident that she’s taken the best route, allowing her to achieve her goals of expanding her business and creating a better future for her family. "Tukki gave me confidence—they were committed to me as if I was their only client. The knowledge and honesty of Tukki’s team made all the difference."

Happy ending: A premium EB-1A process and experience

By taking the time to understand her background and offer honest, expert advice, Tukki’s lawyers and paralegals ensured Natalia applied for the visa that best suited her qualifications. Now, she is closer than ever to fulfilling her dream of working and living in the US. while expanding her business. "If the team at Tukki proposes something, it's because it's feasible. They do everything in their hands to make it happen."

We’re thrilled that with the right team by her side, Natalia was able to file for her US visa with the premium experience curated by Tukki.

WE CAN HELP

Need more clarity?

Find quick answers to frequent visa questions from our legal experts

What is EB-1A?

A visa for individuals with extraordinary ability.

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.

Is it possible to re-apply to the USCIS if your application to the O-1A or EB-1A visas is rejected?

Yes, you can reapply as many times as you wish.

However, bear in mind that when you submit a green card petition or it’s submitted on your behalf, immigration authorities may sometimes see this as an indication that you plan to live in the US permanently (immigrant intent). This is incompatible with a key requirement for most temporary visas, which must express an intent to relocate to the US temporarily only.

If you plan to, or need to file a temporary visa application after filing an EB-1A application, this may affect your eligibility to renew or obtain your temporary visa.

Rules around resubmissions are nuanced, so it is advisable to consult with an experienced immigration attorney to understand all the implications.

Can I file for the EB-1A and the Adjustment of Status at the same time?

Yes in most cases (when your priority date is current), but we generally advise against it.

Filing for Adjustment of Status signals clear immigrant intent. If your EB-1A is denied, it could make obtaining non–dual intent visas (such as E-1 or E-2) more difficult.

The safer approach: secure EB-1A approval first, then apply for Adjustment of Status.

Can I apply for both the O-1 and EB-1A at the same time?

Yes. It’s possible to pursue both strategies simultaneously. However, it’s far more common to apply for the O-1 and then pursue the EB-1A. Many applicants use the O-1 as a “bridge” to work legally in the U.S. while building their profile for the EB-1A. The O-1 is temporary, while the EB-1A leads to permanent residency.

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