Administrative Appeals Office (AAO) decisions typically help us understand the challenges faced by applicants for the EB1A Green Card. A recent decision has some humor along with important lessons.
The Petitioner in this case was a Partner at a VC firm and managed to satisfy two criteria:
- Participation as a judge of the work of others.
- Leading or critical role for organizations with a distinguished reputation.
However, the AAO determined the petitioner fell short on a crucial criterion:
- Published material about you in professional or major trade publications
The case took an interesting turn when the Petitioner attempted to explain a missed deadline. He claimed he was on his honeymoon – a luxurious two month getaway to Hawaii, no less. While the AAO acknowledged his desire to celebrate his nuptials, they were not swayed by the excuse. Here was an individual claiming extraordinary business acumen, yet unable to manage basic communication regarding a critical immigration application.
What Could The Petitioner Have Done Differently?
The Petitioner could have strengthened his published material criterion in a few key ways:
Target the Right Publications
- Industry Leaders: Don't settle for generic "major trade publications" Research and target top-tier business journals specifically focused on venture capital and investment. These publications have a wider reach within the industry and carry more weight with USCIS
- International Reach: Consider publications with a global audience to showcase his expertise beyond just the US market. This demonstrates a broader impact and aligns with the "extraordinary ability" criteria
Content and Authorship Strategies
- Articles Demonstrating Expertise: Ideal publications would feature articles written by the Petitioner himself. These articles should showcase his investment philosophy, successful investment strategies, or insights into specific market trends
- Alternative Authorship Options: If writing full articles proves challenging, consider alternative approaches: a. Co-Authorship: Partner with industry experts or academics to co-author articles, leveraging their credibility while still demonstrating his knowledge b. Industry White Papers: Contribute to white papers published by reputable venture capital firms or research institutions. These can showcase his expertise on specific investment areas c. Book Chapters: Authorship in relevant industry books on venture capital or investment strategies can demonstrate in-depth knowledge and thought leadership
By implementing these strategies, the Petitioner could have built a much stronger publication portfolio. This, combined with other evidence would have significantly strengthened his EB1A application.
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