Behind the Scenes: What It’s Like Working with a Lawyer on an EB-1A Case

If you’re considering an EB-1A petition, you probably already know it’s one of the most prestigious, and most complex, paths to a green card. But what does the process actually look like once you’ve hired an attorney? What kind of support can you expect behind the scenes?

As a legal writer who collaborates closely with immigration attorneys, I help clients like you present your accomplishments in a way that’s both compelling and USCIS-compliant. Here’s what it’s like to work with a legal team on an EB-1A case: 

Step 1: Getting to Know Your Story

From the beginning, it’s all about understanding who you are and what makes your work extraordinary. This stage is part discovery, part strategy. You don’t need to show up with a perfectly organized portfolio (though that can help). Instead, we’ll guide you through a structured conversation to uncover the full scope of your accomplishments. You may be surprised by how many aspects of your career qualify as strong evidence once they’re framed correctly.

During our early work together, we’ll ask questions like:

• What is your field of expertise?

• Which of your projects have had the greatest impact?

• Have you received competitive awards or peer recognition?

• Has your work been covered in the media, cited in publications, or implemented by others?

• Have you been invited to judge, review, or evaluate others’ work?

• Do you hold a leadership or decision-making role?

• What have you contributed that is innovative, original, or influential?
  

You don’t need to worry about using legal language or industry jargon–we’ll take care of that. Our role is to help take your raw achievements and translate them into clear, compelling narratives that match the EB-1A criteria.

This means framing your work in a way that a USCIS officer, who may not be familiar with your industry, can easily understand and appreciate. For example, if you’ve created a software tool that’s widely used in the healthcare industry, we’ll explain what problem it solves, why it’s innovative, and how it has advanced the field.

This step is also about building trust. You’ll have the chance to tell your story in your own words, and we’ll help shape that story into a polished, evidence-backed petition that aligns with USCIS standards without losing your authentic voice.

By the end of this stage, we’ll have a clear outline of which EB-1A criteria best match your background and what types of supporting documentation we’ll need to move forward. It’s about proving you’ve done great work and showing how your work matters on a broader scale.

Step 2: Strategizing Around the Right Criteria

The EB-1A green card is based on the idea that you’ve reached the very top of your field. While USCIS outlines ten criteria for demonstrating “extraordinary ability”, you only need to meet three. But the quality, clarity, and relevance of your evidence are far more important than simply checking boxes.

This step is all about strategy. Our team works closely together to review everything we learned in Step 1 and determine which criteria make the strongest case for your background. We look not just at what you can claim, but what you can clearly prove with strong, verifiable evidence.

For example, we might decide to focus on:

• Original contributions of major significance. Have you developed new technology, methods, theories, or tools that others in your field rely on? Can we show that your work has influenced peers, companies, or industry practices? How is your work “of major significance” and what evidence can we use to prove that?
  

• Leading or critical role in distinguished organizations. Do you hold a senior or strategic position in a well-known company, lab, or institution? Can we show that your input directly shapes important outcomes, projects, or innovations?
  

• Authorship of scholarly articles. Have you published work in respected journals, white papers, or conference proceedings? Are your writings cited by other experts, or used in academic or professional settings?
  

• Display of work at artistic exhibitions or showcases. Has your work been exhibited in leading galleries, museums, festivals, or curated shows? Can we document invitations, programs, or press coverage showing that these venues are recognized as significant in your field? How can we demonstrate the prestige of the event and the selection process?
  

Other possible criteria we may consider include judging the work of others, receiving national or international awards, media coverage, high salary relative to others in your field, or membership in exclusive professional associations.

Once the criteria are set, we guide you in gathering the strongest possible proof–articles, letters, records, screenshots, or internal documentation–making sure each piece is clear, credible, and connected to your impact.

You won’t have to figure this out on your own; we’ll help you identify what counts, how to frame it, and what might need additional context or explanation. Our goal is to make sure each piece of evidence speaks clearly to USCIS about your impact and standing in the field.

This stage lays the foundation for everything that follows. By taking the time to choose the right criteria and supporting materials, we set your petition up for the strongest possible chance of success.

Step 3: Drafting the Expert Letters of Support

You’ll need strong recommendation letters. Our firm usually does between 5 and 9, from experts in your field. These experts may know you personally (like your direct supervisor or fellow member of a prestigious organization) or may speak to the impact of your work (like a researcher who has cited and/or utilized your work but hasn’t met you in person). Check out last week’s blog post for more guidance on recommendation letters!

We help write these letters in a way that aligns with USCIS expectations. Each one is customized to highlight specific EB-1A criterion and demonstrates how you have influenced your field, solved real-world problems, or pushed innovation forward. Our legal team works to make sure every letter is professionally written, technically accurate, and legally strategic.

Step 4: Writing the Petition and Final Merits Argument

This is where everything comes together. We take all your achievements, supporting documents, and expert letters and shape them into a single, persuasive petition. We draft the full petition text, making sure every piece of evidence is clearly connected to the legal criteria and tells a cohesive, compelling story about your extraordinary ability.

This is a strategic document that combines legal precision with storytelling. It must convince a USCIS officer, who likely doesn't work in your field, that your contributions are both significant and well-documented.

The petition includes several key components:

• A summary of your field of expertise. This section introduces your field and its role in the United States in a way that highlights your expertise and establishes the foundation for the rest of the petition. It provides context for your work and helps the officer understand your place in the field.
  

• Detailed explanations of how you meet each criterion. For every EB-1A criterion we’ve selected, we write a dedicated section that lays out the evidence, explains how it meets the legal standard, and ties it directly to your impact. We use plain language, careful documentation, and cross-references to ensure everything is easy to follow and backed up.
  

• A final merits argument. This is the linchpin of the case. Even if you meet three or more criteria, USCIS still performs a "final merits determination" to assess whether you are truly among the small percentage of individuals who have risen to the very top of your field. We write this section in a way that reinforces your sustained acclaim, your influence, and your continued potential to contribute at a high level.
  

This part of the process is absolutely critical. It’s not enough to just present evidence–you have to frame it in a way that demonstrates why your work matters and how it sets you apart on a national or international level.

We aim to make the officer’s job easy. By the time they finish reading, there should be no doubt that your petition clearly meets the legal standard for extraordinary ability.

Step 5: Submitting Your Case and What Comes Next

Once your attorney finalizes the petition, it’s submitted to USCIS. Sometimes approval comes without further questions; other times an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) is issued. If that happens, we respond promptly and thoroughly.

What to Expect Working with Me

As your legal writer, my job is to help you present the best version of your professional story. I’ll work closely with you and your attorney to:

• Clarify what evidence you need and how to frame it

• Draft letters and petition text that align with USCIS standards

• Translate complex or technical achievements into plain English

• Make sure your case is both persuasive and personal
  

We know the EB-1A process can feel overwhelming but you don’t have to navigate it alone. With the right support, your petition can become a powerful, credible argument that shows why your work matters on a national or global scale.

Interested in learning more or wondering if your background is a good fit for EB-1A? Book a Consultation so we can connect you with an attorney who can assess your eligibility.

This post is part 5 of a new 17-week series published every Wednesday. Each post is written by a different employee of Lisonbee Immigration Law about a immigration topic of their choosing. This post was written by legal writer Emily Schmidt.