EB-1A: approval without RFE, technologies

EB-1A approval Technology EB1A no RFE AOS

✅ EB-1A: approval

The story of obtaining an EB-1A green card via AOS without an RFE. The petition was approved on day 14 of premium processing.

Case parameters

Filing: April 2025
Decision: 14th day of premium processing
Category: EB-1A
Criteria claimed: 3
Timing: 14 days

How the case was built (3)
  • Salary

    High salary documented

  • Critical role

    Critical role in the company confirmed

  • Contribution to the industry

    Contribution to the industry described through publications

How it all happened

I can’t believe it, but my immigration story is complete — there are 4 green cards on the table for the principal E16 — that’s EB-1A through AOS

Numeric characteristics of the EB-1A petition:

0 — activities. I didn’t join any organizations, didn’t serve as a judge, and didn’t attract interest from national media.
0 — evidence from the current job, where I’ve been almost 4 years, except for the contribution to the industry that I made purely altruistically in my free time — described below.
1 — recommendation letter (from a previous job)
2 — articles — on Habr (+ English version on Medium) and one on tproger, which, as we all know, are useless and not counted.
2 — stale job offers from US companies with compensation above the 90th percentile.
3 — criteria: salary, critical role, contribution to the industry.

The petition was written in LaTeX, a total of 970 pages, 140 exhibits, memorandum — 50 pages.

Approved on the first try without an RFE on the 14th day of premium processing.

In short, the whole path was like this:

05.02.2018 — I receive an email from HR of a US company thanking me for applying and expressing interest in talking to me.
22.02.2018 — I receive a job offer from them; H1B procedures are initiated.
12.04.2018 — I-129 received by USCIS.
11.05.2018 — USCIS sends the Receipt Notice. This means I passed the H1B lottery. The first and last time I needed ordinary luck, like in the DV Lottery, but with a much higher chance — about 50% at that time.
21.12.2018 — I-129 approved. Premium processing wasn’t available that year.

The 2018/2019 New Year holidays were pointless and mercilessly long while waiting for documents from the US to schedule the H1B visa appointment at the consulate.

14.01.2019 — Visit to the US consulate in Moscow, where my wife and I are sent for administrative processing.
Getting the H1B visa eventually dragged on for another 3 years; more details can be read here

22.05.2022 — long-awaited entry to the US on H1B
May 2023 — the employer starts the EB-3 green card process. The process consists of PWD, PERM, I-140, I-485. The first two steps are DOL, the next two — USCIS.
September 2023 — PWD sent to DOL
February 2024 — PWD response received
September 2024 — PERM sent to DOL
At this point I begin to assess green card prospects — 1.5 years have already passed since the green card process started, and only PERM has been filed. After evaluating PERM certification timelines (~1.5 years) and the waiting time for the priority date to become current, I start considering EB-1.
September 2024 — in the same month I decline a job offer from a large US tech company — the pay was three times higher, but the company’s chances to secure a green card for me were almost zero.
March 2025 — I finish working on another contribution to the industry, which I started before thinking about EB-1 — https://medium.com/gitconnected/how-to-speed-up-varnish-cache-and-prevent-hangs-8ed57d121afb
April 2025 — I start writing the EB-1A petition. I cloned Inkin’s repository, removed all content, and using the skeleton of his project began filling it with my own material

Key insight

“Even with a minimal amount of evidence and without participation in judging or media, it’s possible to successfully obtain approval if the petition is prepared smartly.”

Sergei Sobolev (@sergeisobolev)

1

05.02.2018

Receiving an email from HR of a US company

2

22.02.2018

Receiving a job offer and H1B initiation

3

12.04.2018

I-129 received by USCIS

4

21.12.2018

I-129 approval

5

22.05.2022

Entry to the US on H1B

6

April 2025

Start of work on the EB-1A petition

Author of the story

Sergei Sobolev (@sergeisobolev), from the chat @talentvisahelp. Original message in the chat.

Useful on the topic

All information about O-1 / EB-1A / EB-2 NIW
More success and denial stories: channel @o1eb1