If you’re a high-achieving professional eyeing the U.S. green card via the EB-1A “Extraordinary Ability” route, you know the bar is sky-high. But what happens when USCIS says “no”—and you know you’ve got the goods? Here’s a real case from August 2024 that shows how persistence, documentation, and a sharp understanding of the rules can turn things around.
The Setup: A Cybersecurity Expert vs. USCIS
Our protagonist: a cybersecurity and business professional, aiming for the EB-1A green card. This is the “rockstar” visa—reserved for the top 1% in fields like science, business, arts, and athletics. The law says you need “sustained national or international acclaim,” and you have to prove it with a mountain of documentation.
The Texas Service Center (USCIS) denied his petition. Why? They said he didn’t meet the initial evidence requirements—either a major international award (think Nobel, Oscar, Olympic gold) or at least three out of ten specific criteria (like major media coverage, original contributions, or leading roles in top organizations).
The Appeal: Not Taking “No” for an Answer
Instead of giving up, the petitioner appealed. The Administrative Appeals Office (AAO) took a fresh look (“de novo review” in legalese). Here’s what they found:
- The Petitioner claimed six out of ten criteria:
Membership in elite associations, major media coverage, original contributions, scholarly articles, public displays of work, and leading roles in top organizations. - USCIS only gave him credit for one:
Display of work at exhibitions or showcases. - AAO said, “Hold on, he actually meets three.”
They agreed on the exhibition/showcase point, but also found he met the criteria for major media coverage and authorship of scholarly articles.
What Made the Difference?
1. Major Media Coverage:
The petitioner provided articles from big-name outlets (Forbes Kazakhstan, Esquire Kazakhstan, Cnews, Tech Times, etc.) that discussed his work. He also supplied circulation stats and full translations, addressing earlier concerns about incomplete info.
2. Scholarly Articles:
USCIS initially said his articles weren’t “scholarly” enough (no footnotes, not academic journals). But the AAO clarified: for business and tech, “scholarly” means written for experts, not necessarily for academics. His articles in Habr.com and Kommersant, aimed at industry leaders, fit the bill.
3. Persistence and Documentation:
He didn’t just resubmit the same stuff—he filled in the gaps, explained the context, and made sure every box was checked.
The Outcome: A Second Chance
The AAO withdrew the denial and sent the case back for a new decision. Now, the Texas Service Center has to do a “final merits determination”—a holistic review to see if he’s truly at the top of his field and has sustained acclaim. Here is a PDF of the petition on the USCIS website.
Key Takeaways for Extraordinary Ability Applicants
- Don’t accept a denial at face value.
If you genuinely meet the criteria, appeal and clarify. The rules are nuanced, and even USCIS can get it wrong. - Documentation is everything.
Provide full translations, circulation data, and context for every piece of evidence. Anticipate what an officer might question. - Know what counts as “scholarly.”
In business and tech, industry publications for experts can qualify—even if they’re not academic journals. - Final review is holistic.
Meeting three criteria gets you to the next round, but you still need to show you’re among the best of the best.
Bottom Line
The EB-1A is tough, but not impossible. This case proves that with the right evidence, persistence, and a clear understanding of the law, you can challenge a denial and get a second shot. For content marketers, immigration lawyers, and ambitious professionals, the lesson is clear: details matter, and the story you tell with your documentation can make all the difference.
Want more real-world insights on immigration, business, and tech? Follow us for case studies that cut through the legal jargon and show you what actually works. Need a winning edge for your EB-1A Green Card or EB-2 NIW petition? Our expert letter writers craft compelling reference letters and petition letters that showcase your extraordinary ability and maximize your chances of approval—reach out today to learn how we can help you build an unshakeable case for your immigration goals.