Patent Inventor Receives EB-1A Outstanding Talent Visa within 1 Week

Patent Inventor Receives EB-1A Outstanding Talent Visa Within 1 Week

Successful case from Tsang and Associates: Patent inventor was approved for EB-1A outstanding talent immigration within 7 days without supplementary documents.

applicant: Bachelor of Engineering Mr. Zhou
Professional ability: patented invention
Highest degree: Bachelor’s degree
Application Category: EB-1A Outstanding Personnel
Processing time: 7 days for approval

basic situation:
Mr. Zhou is committed to patent inventions in the field of public health, invented 1 disinfection equipment and has 9 patents. In order to promote his invention and company abroad, he plans to immigrate to the United States. In 2015, Mr. Zhou invested 500,000 US dollars to apply for EB-5 investment immigration. During the waiting process, he gradually realized that EB-1A immigration seems to be more suitable for him. He had asked other intermediaries to evaluate his EB-1A application before, but Some said that his situation did not meet the standard, or he was not sure, so he has been hesitant. At the beginning of 2017, Mr. Zhou consulted Tsang & Associates Law Firm in detail about his own situation and problems. After evaluation, the Tsang and Associates team believed that Mr. Zhou’s conditions had been sorted out and met the EB-1A immigration requirements for outstanding talents. Possibility is great, worth applying, Mr. Zhou entrusted us in April 2017. After nearly 4 months of preparation, the Tsang and Associates team submitted more than 1,000 pages of supporting materials to the Immigration Bureau. Seven days later, Mr. Zhou successfully obtained the approval of the EB-1A (immigrant for outstanding talents) application without requesting additional documents (RFE).

Difficulties in this case:
• Although Mr. Zhou has won awards many times, most of them were awarded ten years ago, which is a long time ago, which is very unfavorable for the “sustainability” of EB-1A requirements. In addition, the highest award he has received is at the provincial level, there is no national award, and most of the awards are awarded to him for the same invention, which does not have the diversity of award categories.
• Mr. Zhou is a member of many associations, but most of these associations do not have high entry standards, so it is difficult to prove that Mr. Zhou joined these associations because of his outstanding achievements in the field.
• Mr. Zhou has many patents and scientific and technological achievements appraisal certificates, all of which come from the invention of the same machine. It is difficult to prove that the invention of this machine represents his outstanding contribution in the field of public health beyond ordinary peers.
• Mr. Zhou owns his own technology company, but cannot demonstrate that he has held a leadership position at a well-known institution in the field as required by USCIS.

Keys to success:
Key 1: Prove the importance of the prize (Prize/Award): Mr. Zhou has not had any prizes that meet the requirements in the past ten years, and most of the documents we submit are prizes he won ten years ago. Therefore, we have submitted documents proving the nature of these awards, proving that most of the awards they receive are product lifetime achievement awards, which have high gold content and cannot be repeated. In addition, all of Mr. Zhou’s awards are for the same invention, and we have provided documents to prove that the product is of great significance to the field of public health, to prove that a great product deserves endless praise.

Key 2: Membership of professional associations (Membership): Mr. Zhou is a member of several professional associations, most of which do not have high entry standards, so we submitted a letter of recommendation issued by the official association to prove that Mr. Zhou is in The association has outstanding achievements within the industry.

Key 3: Contributions of Major Significance: The disinfection equipment invented by Mr. Zhou has obtained multiple patents and certificates of scientific and technological achievements, and has been reported by authoritative media and cited by academic reports many times. We also provided the licensing agreement between multiple companies in the field of public health and the invention patent, and issued a recommendation letter from a leading company in the industry to prove that its excellent invention can directly represent Mr. Zhou’s outstanding contribution to the entire industry.

Key 4: Leadership of a well-known institution: In order to prove that the technology company owned by Mr. Zhou is a well-known institution in the industry, we submitted the national key new product plan and other documents including the products operated by Mr. Zhou’s company , and submitted many award-winning certificates about the company and its products.

Case result:
Although Mr. Zhou was very worried about whether his only one invention could meet the requirements of the Immigration Bureau, under the persistence and careful preparation of the lawyer team, Mr. Zhou’s EB-1A outstanding talent immigration application was quickly obtained within 7 days after submission Approved by the Bureau, no additional documents are required.

The guest was very happy after learning about it, and sincerely thanked Attorney Joseph and his team for their persistence in their application, which enabled him to start a new road of invention and creation in the United States.

Lawyer Joseph Tsang commented:
The EB-1A immigration application for outstanding talents has its own exclusive nature. It does not need to have an employer in the United States, and you can file the application yourself. There is currently no immigration waiting list, and applicants do not need to queue up, and the whole processing cycle is short.

USCIS generally uses a 2-step analysis method when evaluating whether an applicant has outstanding ability:

1) Whether the basic “three out of ten” or one-time international awards are met:

The ” three out of ten” criteria include:
1. Have won national or international awards;
2. Membership of professional associations;
3. Professional publications or mainstream media have reported on the foreigner and his related work;
4. Review the work of others in the industry;
5. Have made significant contributions in the industry;
6. The work is published in domestic and foreign journals;
7. Main works exhibited in art exhibitions;
8. Serving as a leader or important position in a well-known institution/group;
9. Enjoy high salary;
10. Achieve commercial success in the performing arts.

2) Comprehensive evaluation:
• Whether the applicant belongs to a small range of top talents in the industry ;
• Excellence is sustainable ;

3) In addition, applicants also need to demonstrate:
• After coming to the United States, intend to continue to work in your professional field and will bring substantial benefits to the United States .

For more information, please listen to Lawyer Joseph’s online lecture “Success Secrets of EB-1A Outstanding Talent Immigration”

If you pass the self-assessment, you are welcome to contact Tsang & Associates, PLC.

(Note: To protect privacy, the names of the parties involved in the case are pseudonyms)

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