Literary Scholar Approved for EB-1A Distinguished Talent in 8 Days

Year: 2019
Nationality: Chinese
Professional talent: Chinese literature
Highest education: PhD
Applicant: Ms. Ouyang
Petition Type: EB-1A for Distinguished Immigrants
Processing time: 8 days for approval without additional documents and retaining the original priority date

BACKGROUND
– The petitioner had applied for EB-1A 20 years ago and was approved by USCIS, but for various reasons abandoned it; now that USCIS has a much higher standard of review, how to demonstrate that the petitioner has continued to excel during those 20 years with the current standard.
– How will the applicant’s expertise in Chinese literature bring substantial benefits to the United States in this field? Whether there will be a need for such talent in the United States.
– Applicants whose literary works and media coverage focus on 10-20 years ago; who have not won prestigious awards or held positions of responsibility, and whose other aspects of the decimal three remain to be discovered.
– The petitioner does not have a clear plan for work after coming to the United States and lacks the current EB-1A requirement to prove intent to come to the United States.
– The petitioner was eager to bring her family to the U.S. as soon as possible and created a timeline to come to the U.S. and disposed of some of her assets without understanding the current EB-1A immigration timeline.

Brief background:
After completing her Ph.D. in China, Ms. Ouyang has been working in the field of literature, and 20 years ago she also applied for EB-1A for distinguished professionals in the U.S., but was unable to do so because of her work. However, nowadays, Ms. Ouyang is not so confident about her current conditions, and was anxious and uncertain when she was introduced to Tsang & Associates by her family in the United States. Joseph Tsang and Ms. Ouyang communicated and understood her previous petition and current situation. Although the applicant’s situation was not as optimistic as it was 20 years ago, it was still worth the effort and a new EB-1A petition plan was developed for the applicant based on the current processing standards. Ms. Ouyang finally decided to engage Tsang & Associates to handle her EB-1A petition again.

KEYS TO SUCCESS
Tsang & Associates organized the material in three areas to demonstrate how Ms. Ouyang met the EB-1A petition criteria through a logical and strong argument.

1. Outstanding ability to meet the “three out of ten” criteria
1) Authorship: This is Ms. Ouyang’s strength. From her publications 20 years ago to the monographs and scholarly articles she has published since then, as well as the popularity and publication specifications of the journals or publishers that have published these works, and the citations of the works, the law firm team has compiled a large amount of sufficient materials that can prove the applicant’s continued excellence in the field.

2) Media Publication: Ms. Ouyang was interviewed by a nationally recognized newspaper and magazine many years ago, and the interview was kept intact. Although the interview was conducted at an earlier date, we have some additional reports from Ms. Ouyang’s ongoing literary research area that demonstrate that the applicant’s media coverage meets the EB-1A criteria.

3) Judgement: The nature of Ms. Ouyang’s work could easily require her to review the work of others, but how can she distinguish this qualification from her job? How could she prove that she was judging for excellence? The Zandikai team conducted numerous inquiries behind the scenes and successfully distinguished between her job duties and the EB-1A requirement to qualify for the review, thus successfully proving the review loop.

4) Outstanding Contribution: Ms. Ouyang has not received any prestigious awards and does not hold a key position in her workplace, how can she prove that she has made outstanding contributions to the industry? The law firm team assisted Ms. Ouyang to select her important works based on the existing materials, inquired about the status of the works in the field of Chinese literature, and attached several letters of recommendation from top experts in the field, both domestic and foreign, to prove to the INS that Ms. Ouyang has made indelible contributions to the development of Chinese literature.

2. How to continue to use your talents in your field of expertise for the benefit of the United States after entering the United States
Ms. Ouyang had not previously considered what she would do after coming to the U.S. because the early EB-1A petition did not require a high level of intent to come to the United States. Ms. Ouyang did not know how to continue her expertise in the field of Chinese literature after coming to the U.S. and lacked the appropriate supporting materials. After several conversations between Joseph Tsang and Ms. Ouyang, she finally decided on the direction of Chinese literature exchange and cultural heritage. After much effort, Ms. Ouyang’s friends and family found a possible partner for her in the U.S. The Tsang & Associates team assisted in developing a letter of intent and a plan to travel to the U.S., showing how Ms. Ouyang would use her outstanding expertise to bring Chinese literature and culture to the U.S., and also assist in exporting American culture to She will also assist in the export of American culture to China, strengthening understanding and mutual understanding between the two countries and promoting cultural exchange.

3. How to Make the Most of a 20-Year-Old EB-1A Petition to Retain the Priority Date
In order to realize Ms. Ouyang’s wish to settle in the U.S. as soon as possible, Joseph Tsang’s legal team, after extensive research on regulations and cases, determined that there was a precedent for this, and therefore cited the relevant regulations and cases in a special paragraph of the attorney’s letter to the USCIS, requesting the USCIS to retain Ms. Ouyang’s 20-year-old priority date, which was eventually supported.

Case results:
Tsang & Associates submitted a nearly 1,000 page application for Ms. Ouyang in early October 2019 and received an email approving her case 8 days later and a paper approval notice from USCIS the following week with a 20 year old priority date in the column! Ms. Ouyang was in disbelief when she received the news, she didn’t expect the application to go so smoothly! What’s more, since the original priority date was retained for her, she did not have to wait for the immigration queue and could complete the subsequent immigration procedures at any time! Thanks to the professionalism of Tsang & Associates, she was able to keep her original priority date, and Ms. Ouyang was so grateful that she immediately started to prepare her subsequent immigration documents.

Lawyer Comments:
USCIS typically uses a 2-step analysis when assessing whether a petitioner has outstanding EB-1A ability.
1) Whether the basic “three out of ten” conditions are met OR a one-time international award.
2) After the first item is met, USCIS will also assess overall.
– Whether the applicant is among the top talent in a small range of industry fields.
– Excellence has continuity: for example, an athlete who won the National Games at the age of 18, then retired from the sport and did not work on it, and now in his or her 30s to use the 18-year-old medal would not have continuity. In addition, it is necessary to demonstrate that.
– Come to the U.S. with the intention of continuing to work in your field of study and will bring substantial benefits to the U.S.

Therefore, it is usually not enough to think that you only need to meet 3 of the 10 requirements to obtain EB-1A approval.



*To protect customer privacy, customer names are pseudonyms.