Unlocking EB-1A Success: Strategic Filing Approaches and Best Practices

Unlocking EB-1A Success: Strategic Filing Approaches and Best Practices

Unlocking EB-1A Success: Strategic Filing Approaches and Best Practices (Seminar Recording)
Live Event Date: 05/14/2024
Format Length CLE Eligible
Web Seminar 90 min. Yes

As H-1Bs become oversubscribed and the perils of frequent consular visits raise anxiety levels of nonimmigrants and their employers, the volume of EB-1A filings has reached an all-time high. Recent reports from USCIS indicate that an individual premium processing officer receives up to 120 cases per week, meaning they likely have 20 minutes (or less) per petition. Given these time constraints, it is much easier for officers to issue an RFE than an approval. Expert panelists will discuss how attorneys can overcome these challenges to unlock EB-1A success while also ensuring that the timing is favorable for the client.

Featured Topics:

  • “To O-1, or not to O-1”: The challenge of going straight to EB-1A without time in O-1 status, and tips for timing the EB-1A filing perfectly
  • Case preparation strategies: Is it ever beneficial to hold back evidence in anticipation of an RFE? When should clients consider self-petitioning vs. employer petitioning?
  • The “wow” factor: How to “sell” client merits to the adjudicator and structure the filing to convince them quickly and efficiently
  • Is premium processing worth the fees and RFE risk?
  • The second decade of Kazarian: current status of litigation
    • Is the decision invincible?

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Flavia S. Lloyd (DL), Newport Beach, CA

Flavia S. Lloyd has been in the immigration field for over 21 years - first as a paralegal and then as an attorney. She is the Founder and Managing Attorney at Santos Lloyd Law Firm, PC, a firm she started in 2016. Today she leads a team of 12 attorneys and over 40 support staff. Her practice focuses on a broad spectrum of immigration matters such as family-based, employment-based, extraordinary ability cases, naturalization, adjustment of status, consular processing, asylum, removal, and complex family matters such as waivers. Her primary focus and expertise is extraordinary ability cases (O, P, and EB-1A) and EB-2 NIW. As she is also passionate about teaching, she teaches subjects tested in the California Bar Exam and Immigration Law at different law schools. She also devotes her time to scholarly work by writing research papers and presenting them at national and international conferences.

Maurice (Mo) H. Goldman, AILA USCIS Field Operations Liaison Committee, Tucson, AZ

Maurice H. Goldman works in Tucson, Arizona at Goldman & Goldman, P.C. He holds a JD/MBA from Hofstra University. He graduated from Syracuse University with a BS in journalism. His law practice is focused only on immigration-related matters including employment-based, family-based, asylum, removal defense and other humanitarian-based immigration issues. Mr. Goldman has served on multiple national American Immigration Lawyers Association’s (AILA) committees. He previously served as the AILA Arizona chapter chair. He was previously a trustee to the American Immigration Council (AIC) and sat on the boards of the ASISTA, Border Action Network and Immigrants List.

Sara M. Mailander, AILA Ethics Committee, Boston, MA

Sara M. Mailander is an associate with Fragomen, Del Rey, Bernsen & Loewy, LLP in Boston, MA. She is a member of the AILA New England Executive Committee and the AILA National Ethics Committee. Sara received her JD from Boston College Law School (2008).

David Estrella, Coral Gables, FL

David Estrella is the Managing Partner of Estrella Law in Coral Gables, FL. At Estrella Law, he leads a team of 13 where he works with individuals, including Spanish-language television and film actors, producers, directors and behind the scenes talent, entrepreneurs, an assortment of small businesses, professionals, and start-up companies. His practice encompasses a wide range of cases including EB-1 for both those of extraordinary ability and multinational executives and managers, EB-2 Schedule A Group II artists and performers, labor certifications, O-1A and O-1B individuals of extraordinary ability, complex naturalization cases, consular processing, and family immigration cases. Mr. Estrella received his JD from St Thomas University School of Law in 1995 and his Bachelor’s Degree from the University of Miami in 1992.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.