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ARTICLES ON SUCCESSFUL CASES

EB-1, EXTRAORDINARY ABILITY

11/20/2020

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​Classification sought: E11
Section: Alien of Extraordinary Ability, Sec.203(b)(1)(A)
General Field: Business Development and Entrepreneurial Leadership
Position: Executive and Manager
National Origin: Azerbaijan
Service Center: Nebraska Service Center
Residence at the Time of Filing: Azerbaijan
Processing Time: 8 days
Approval Notice: November 19, 2020
 
Case Summary:
 
EB-1A Application, Alien of Extraordinary Ability in the field of Information Technology, for an applicant from Azerbaijan has been approved within 8 days, with no RFE.
 
The average processing time for EB1 Extraordinary ability is 5-7 months. We were able to have our case approved only in 8 days.
 
In this case, the client is an entrepreneur in the field of Information Technology from Azerbaijan with an excellent record of business development and management skills. His primary work focused on creating and developing businesses in Azerbaijan and the U.S. through studying the market and create or support startups. 
 
In his case, we were able to show awards from recognized national and international organizations, membership at associations requiring outstanding achievements, published material about the client in major trade publications, evidence of client’s judging work of others, original business-related contributions, performance of leading and critical roles in distinguished organizations, and commencement of high salary in relation to others in his field. 
 
Preparing EB1A cases for entrepreneurs is an exceptionally complex process. Unlike other fields, such as science and arts, entrepreneurs and managers do not have clear-cut evidence of exceptional abilities. Therefore, it is very important to examine each evidence and evaluate them individually to ensure they meet all the requirements and then, prepare a detailed application to highlight and define each of their accomplishments to the immigration officer. In this case, the client had received numerous awards from national and international organizations. We were able to present them in the most effective fashion to highlight their importance, relationship to the IT field, and their national and international aspects. The client had also participated as a judge on several events. We successfully highlighted and related his past successes to those events by using support letters and information from each event. The client was also a member of several professional associations and a board member. By gathering official documents, such as bylaws, we proved that his membership was the result of his extraordinary abilities. We were also able to prepare strong evidence and support letters to establish the client’s leading and critical roles in a number of reputable national & international organizations related to his field of endeavor. 
 
The client's goal was to migrate to the United States to continue developing business in the U.S. and create more jobs. We were able to demonstrate his future success in the U.S. through the interest of other U.S. businesses and his past entrepreneurial leadership success. 
 
With the proof and documentation that we provided, his case was approved in just 8 days without a request for further evidence.


​EB-2/National Interest Waiver

Classification sought: EB-2/National Interest Waiver
General Field: Entrepreneur in the Field of Home Restoration
Position: Executive and Manager
National Origin: Brazil
Service Center: Texas Service Center
Residence at the Time of Filing: United States
Application Filed: January 04, 2019
Approved: December 14, 2020
 
Case Summary:
 
When our client, a Brazilian entrepreneur, approached us, he just had his L-1 visa extension denied, which was filed by another law firm in Texas. The client was depressed and felt like he had no choice but to change his visa to F-1 to stay in compliance with the Federal laws. 
 
After reviewing his file carefully and analyzing the situation, we recommended that he applies for EB-2/National Interest Waiver as an Entrepreneur in the Field of Home Restoration. We mailed the application in January 14, 2019 and within less than a year, despite the large COVID-19 backlog, the case was approved. 
 
We proved that the client is an entrepreneur with exceptional abilities with expertise significantly above that ordinarily encountered in the business and argued that he could work in the United States of America in the field of home restoration, substantially benefiting prospectively the national economy. 
 
Through extensive documentation and meticulous work, we were able to secure an approval for the client in such a short time. We are happy to help this entrepreneur with lots of potential who, as an immigrant, not only strives to achieve his American dream but also, benefits the nation and the US economy in general. 


E-2 TREATY INVESTMENT VISA
                                                                                                                                                                                                        
ONE LLC – TWO INVESTORS: BOTH APPROVED FOR E-2 VISA

Classification sought: 
E-2/Treaty Investor
General Field: E-commerce
Position: General Manager & Operations Manager
National Origin: Turkey
Service Center: California Service Center
Residence at the Time of Filing: United States
 
Our clients were two Turkish nationals, recent college graduates on F-1 Optional Practical Training (OPT) status. They were equal shareholders of a Massachusetts Limited Liability Company organized in the Fall of 2020. The Treaty Enterprise was founded with the goal to sell goods via its e-commerce web site and other third party websites.
 
We were able to prove to the USCIS’s satisfaction that each of our investors made a substantial and sizable investment (around 55K/each) in the Treaty Enterprise as required by the applicable treaty agreement. 
 
We successfully argued that the capital invested by both of our investors was irrevocably committed to the E-2 Enterprise and it was subject to partial or total loss if the Enterprise fails.
 
Despite the fact that our clients were discouraged by some other law firms not to try this venue in the face of challenges, we advised them otherwise. Both visas were approved within 2-3 months. Today, we are proud to share this success story!
 
 




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Law Office of Vugar Jafarov
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​Sudbury, MA 01760
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