On July 14, 2023, USCIS has updated its list of frequently asked questions regarding EB-1 applicants, which is available at Fiscal Year 2023 Employment-Based Adjustment of Status FAQs | USCIS
Attorney Lunbing Chen Altaffer is the co-founder and current managing member of Altaffer & Chen PLLC, a law firm based in Dallas, Texas. In 2022, Attorney Chen significantly participated in two successful EB-1A petitions, which USCIS granted quickly upon respective receipt of each request for premium processing without RFE (request for evidence). One petitioner was a fund manager, and another was an environmental expert.
For an EB-1A petition, different attorneys have distinct ways to handle it. We would thoroughly evaluate a possible case according to the specific facts of a prospective client and decide whether to represent the client. If a representation decision has been made, we generally first help our clients collect as much as possible relevant, probative, and credible evidence as per our deep understanding of the pertinent laws, policies, and most recently published cases which we regularly study. Second, we review carefully every document (including reference letters) that is intended to be submitted to prove our client's eligibility and resolve any inconsistencies or discrepancies among the evidentiary documents, in case there is any. If an examiner raises any doubt on one of the evidentiary pieces, the credibility of the remaining evidence will be negatively affected, and the examiner might deny the petition in the worst case. Third, we search the internet and check if there is adverse information about our client (and take corresponding steps when necessary) because the examiner may consider the evidence publicly available from the World Wide Web. Finally, we make sure every documentation that is in a foreign language other than English to be translated into English by a competent translator with a certificate of translation in compliance with 8 C.F.R. § 103.2(b)(3).
There are different paths to immigrating to the United States; EB-1A (employment-based green card under the first preference as an alien with extraordinary ability) is one of them. No offer of employment or labor certification is required for an EB-1A petition; thus, anyone can file such a petition on behalf of an alien with extraordinary ability, including the alien himself or herself as a self-petitioner.
