Dealing with an EB-1A RFE

A post from a while back (source):

Another day, another RFE.

I’m currently dealing with a nasty Request for Evidence (RFE) right now. Trending right now with USCIS are made-up arguments, and this RFE was entirely based on one.

My client - a distinguished software engineering leader - showed ample evidence for EB1-A. As a founder of his company, he was able to lead the tech team as part of the company’s growth into a multi-million dollar enterprise.

Of course, all of this was glossed over.

To USCIS, my client had met two criteria in the “executive” field and two criteria in the “software engineering” field, and therefore could not be approved for an EB1-A.

“Executive field? Seriously” was my initial reaction.

Since when did “executive” become a field? The officer had mixed up occupation, profession, and field.

So now here we are, defining for USCIS something as fundamental as what the words “field of expertise” mean.

And no, we don’t agree with the officer’s made-up distinction - a complete misconception in our view.

More on this to come later.

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This post is by Amber G. Davis. She started her career working at a boutique immigration firm before moving on to two different large immigration firms (one of which is one of the largest immigration firms in the world). She’s advised numerous high-tech companies of all shapes and sizes, from startups to top ten Fortune 500 companies, and from nonprofits to companies in the IPO process. She now runs Waypoint Immigration USA, representing only individual employees for EB-1A, EB-2 NIW, O-1, etc. and is well-known on LinkedIn with 7.7K+ followers.

Want to get in touch with Amber? You can reach her at amber.davis@waypointimmigration.org or through a LinkedIn connection note (Amber’s LinkedIn profile).