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O-1 Alien of Extraordinary Ability

A couple of years ago, a website developer brought a Request for Evidence (RFE) to me that his attorney had received from the U.S. Citizenship & Immigration Services (USCIS). He explained that his attorney advised him to seek a second opinion because he did not see a way to further explain his extraordinary ability regarding website development. I reviewed the RFE and the original statement in support of the petition and interviewed the client about the details and significance of his work. He explained that his work had contributed to start-up companies earning venture capital and invitations to participate in prestigious business incubators. Although the other attorney had disclosed these awards to the USCIS, it was clear that he had not clearly established why the awards placed the client at the very top of his field of endeavor.

I took the evidence that had already been submitted and the explanations that the client gave to me and started my research. I started by narrowing the field of endeavor to website developers who contribute to the award of venture capital and business incubator invitations for start-up information technology companies. Then I asked myself which of these venture capital awards, and business incubators were considered the most prestigious in the field. It turned out that the client had helped several companies win several of these awards, while the evidence showed that most top web developers had only secured one or two of these awards. Then I asked myself why web development is important to these start-up companies and was able to find significant evidence of the role that web developers play in start-up information technology companies seeking venture capital and business incubator invitations.

Along with other evidence that I developed, I was able to clearly explain and evidence the importance of winning venture capital and business incubators to the start-up information technology industry. Then, I was able to evidence which of the venture capital awards and business incubators were considered the most prestigious in the industry. Then, I explained the importance of the role of the web developer in this context and why the evidence demonstrated that my client had in fact risen to the very top of his field of endeavor. The USCIS agreed and approved his petition following our response to the RFE.