- Profile
- Industrial safety engineer
- Category
- EB-1A
- Preparation time
- 74 days, with RFE
- Result
- I-140 after RFE, then green cards for the family
Key facts
An industrial safety engineer with 20 years in the gas industry received a request in which the officer rejected three of five criteria. We responded, and USCIS approved the EB-1A petition.
Who our client is
Our client is an industrial safety engineer with more than 20 years of experience. He started at a gas transmission company and rose to head of the industrial safety, occupational health, and environmental department at a company that operates a major cross-border gas pipeline.
Under his leadership the company operated without incidents, and he himself sat on the industry certification board and trained more than 1,500 specialists. By the time of filing, he was already living in the U.S.
Why the case seemed difficult
- "I'm not a scientist or a star." EB-1A evaluates recognition in the profession. For a practicing engineer, that means his role in the industry, expertise, and contribution.
- "Occupational safety is the wrong field." Industrial safety is an engineering field where mistakes are costly.
- "An RFE is almost a denial." No. A request is an opportunity to resolve the officer's questions. This case is about exactly that.
Answer a few questions and a specialist will review your case.
Strategy: five EB-1A criteria
Over 20 years the client had accumulated achievements that he himself considered routine. We built them into a petition on five criteria: membership in an international association, published material about the applicant, judging the work of others, a critical role, and high remuneration.
RFE: the officer accepted only 2 of 5 criteria
Three weeks after filing, USCIS issued a request for evidence. The officer accepted judging and the critical role. For the three other criteria he wrote "Criterion not met." EB-1A requires at least three, so without a response this would have been a denial.
We went through each of the officer's comments and prepared a response that resolved his questions. The deadline to respond was almost three months, but we finished much sooner, and the approval arrived at the end of May.
How long the review took
- March 2025: USCIS accepted the I-140 petition.
- April 2025: RFE received, 2 of 5 criteria accepted.
- April–May 2025: RFE response prepared and submitted.
- May 2025: the EB-1A petition was approved, 74 days after receipt.
- June 2025: application for adjustment of status (I-485) filed.
- March 2026: I-485 approved; the client received his green card without leaving the U.S.
- April 2026: the client's wife received her green card as well.
Result: I-140 approved
USCIS approved the petition under section 203(b)(1)(A), "alien of extraordinary ability."
The finish line: a green card
The client was in the U.S. in lawful status, so immediately after the I-140 approval we prepared his application for adjustment of status (I-485). Nine months later USCIS approved it under category E16, "priority worker with extraordinary ability." The path from the initial filing to the green card took about a year.
The client's wife filed with him as a family member; EB-1A extends to a spouse and children under 21. Her green card was approved a month and a half after his.
Why it worked
- A safety margin. We claimed five criteria when the minimum is three. When the officer accepted two, there was something to defend.
- A precise RFE response. We answered each of the officer's comments on the merits instead of sending everything we had.
- Speed. The response went out well before the deadline, so the entire path from filing to approval took 74 days.
This story is published with the client's consent; the name, employers, and certain details have been withheld without changing the substance of the result. Every case is individual, and approval is not guaranteed.
FAQ
Don't panic: an RFE is not a denial but an opportunity to answer the officer's questions. What matters is to go through each comment and respond on the merits, on time.
