EB1A Criteria: What USCIS is Really Looking For

EB1A Criteria

As an immigration attorney, I often see extremely talented, extraordinary individuals at a loss of how to get a green card. Often times, these clients do not have the traditional employer or family member inline to sponsor them. Fortunately, for those at the top of their field, neither a family member nor employer is needed if you qualify for the EB1A visa. Through the EB1A green card, you are eligible to self-petition. This means that you can apply for yourself without an employer sponsoring you.

 

In this guide, I’m going to explain important details regarding the EB1A criteria and what USCIS looks for when evaluating an EB1A petition. If you have any questions, feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.

 

Introduction:

 

  1. What is the EB1A: Extraordinary Ability category?

 

  1. What are the EB1A requirements?

 

  1. What are the best types of evidence to provide in order to get an approval?

 

  1. What are some additional considerations, besides the 3 of 10 enumerated categories?

 

  1. What forms do I need to file an EB1A?

 

  1. Conclusion

 

1. What is the EB1A: Extraordinary Ability category?

 

Is it true, could I get a green card without an employer or job offer?

 

Traditionally, obtaining an employment-based Green Card requires: 1) an employer to file an immigrant petition on your behalf; and 2) a job offer. Although, for those who are leaders in their field, they need not have either of these things. Under the EB1A category you can self-petition for a Green Card. Furthermore, there is no need for the lengthy PERM/labor certificate process (which can be upwards to a year and a half, in some situations). If you are qualified, it can be one of the fastest ways to permanent residency, as premium processing is available under this category.

 

2. What are the EB1A requirements?

 

Requirements: How to Build a Strong EB1A Case

 

The EB1A is reserved for those in the following categories: arts, sciences, athletics, education, or business. Here, you need to prove either a major internationally recognized award (this would include a Nobel Price, Pulitzer, etc.) or meet at least three of the ten statutorily enumerated criteria.

 

Many of my clients meet at least three of the ten criteria. Yet, they are not knowledgeable of how to build their case in order to demonstrate their eligibility. So, to help bridge this gap, I want to walk you through the best evidences necessary for each of the ten criteria points under the EB1A.

 

 

3. What are the best types of evidence to provide in order to get an approval?

 

The Best Evidence for Building an EB1A Matter

 

Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence;

 

  • Keep in mind that student awards are not given much weight;

 

  • Instead you should use printouts from the awarding committee’s websites or publications, enumerating the criteria for recipients, information regarding the number of applicants/entries the year you won, information regarding the awarding committee;

 

  • Any press from major publications covering the eligibility for the award and your award receipt;

 

  • Here, evidence could include: photos of your award (where your name is clearly legible), congratulatory letter from the organization, scan of award certificate, confirmation from awarding committee.

 

Evidence of the foreign national’s membership in associations in the field which demand outstanding achievement of their members;

 

  • Here, you can submit a printout from the online database listing showing your membership, render a copy of your membership card, or obtain a confirmation letter from the association regarding your membership;

 

  • A letter from the organization regarding the membership criteria can also be submitted here. Additionally, any online screenshots demonstrating the criteria for membership and lists of its members who are esteemed leaders in your field;

 

  • Lastly, submit any publications covering the selectivity of the organization’s membership.

 

Evidence of published material about the foreign national in professional or major trade publications or other major media;

 

  • Here, you will need to provide any press materials about you and your accomplishments. These things can include interviews, article printouts, radio or television appearances, etc.

 

  • You’ll also want to provide evidence of the reputability of the press source.

 

Evidence that the foreign national has been asked to judge the work of others, either individually or on a panel;

 

  • Here, you can provide any emails or letters inviting you to serve as the judge of others and subsequent confirmation that you actually rendered the service as a judge (this can come in the form of a thank you email);

 

  • Other evidence may include, screenshots or printouts from the press or internet listing you as a member of the jury or judge panel;

 

  • Lastly, you can add screenshots or printouts from the organization that you served as a judge on, enumerating the criteria for the judge’s qualifications.

 

Evidence of the foreign national’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

 

  • Here, you can submit testimony from leading professionals in your field. This can come in the form of reference letters to demonstrate your unique and original contributions. Note that independent references (meaning they have not worked with you and are unaffiliated with you) are strongest.

 

  • You can also use certified patents (pending patents are not probative). The best evidence is any use of your work being utilized by others in your field – these can come in the form of contracts to use your patent or press about your unique inventions.

 

Evidence of the foreign national’s authorship of scholarly articles in professional or major trade publications or other major media;

 

  • Here, you can submit any publications that include your name and accomplishments;

 

  • Evidence of the circulation rate, ranking of the website your work was published. Here, think of whatever type of evidence you may have available to prove the distinguished nature of the publication.

 

Evidence the foreign national’s work having been displayed at artistic exhibitions or showcases;

 

  • Here, you can submit evidence of brochures, posters, advertisements, or photos of the exhibits, but assure that your name is clearly highlighted;

 

  • You can also submit any evidence to demonstrate field press or printouts from the organization/gallery websites, discussing the exhibition including information such as who many people attended, the reception the showcase got, and the prestige of the showcasing.

 

Evidence of the foreign national’s performance of a leading or critical role in distinguished organizations;

 

  • Here, you can show any evidence of employment as an executive, manager, supervisor, or as a chair from any current or past positions – this evidence can come in the form of a letter attesting to your critical and leading role;

 

  • Alternatively, you can submit, organizational charts to demonstrate your notable rank in the group’s hierarchy;

 

  • Evidence of any internal awards received that are typically reserved for the organization’s leaders;

 

  • Independent articles or internal press disclosing the distinguished nature of the organization – these can include awards received by the entity, size of the organization, its net worth or endowment amount, and profiles of other internal leaders.

 

Evidence that the foreign national commands a high salary or other significantly high remuneration in relation to others in the field;

 

  • Here, you can submit copies of tax documents, recent paycheck stubs, or contracts discussing pay/renumeration rendered.

 

Evidence of the foreign national’s commercial successes in the performing arts.

 

  • Here, you can submit any evidence of relevant box office, record sales, TV ratings, audience viewing statistics;

 

  • Press discussing the commercial success of your project; or

 

  • Tax documents or pay transfer evidence of royalties and revenue for performance.

 

4. What are some additional considerations, besides the 3 of 10 enumerated categories?

 

Additional Considerations After You Have Met 3 of the 10 Criteria: Kazarian Policy Memorandum

 

In 2010, the Ninth Circuit Court of Appeals rendered an important decision. After this, the EB1A landscape was changed forever. This Ninth Circuit case is known as Kazarian v. USCIS. After this decision was released, USCIS issued a “policy memorandum” informing adjudicating officers of detailed guidelines for evaluating EB1A matters.

 

The memo, known as the “Kazarian Policy Memorandum” had significantly altered and elevated the bar to establish “extraordinariness.” Here, USCIS enumerated that upon establishing three of the ten enumerated criteria, the applicant must also prove and submit documented evidence that supports:

 

(1) The foreign national can demonstrate such esteemed levels of expertise that they are consequentially of the top small percentage at the very top of their field;

 

(2) That they have sustained international or national acclaim so that their achievements have been recognized in the field of their expertise;

 

(3) That they intend to continue working in their field; and

 

(4) That their entry will impart a substantial benefit to the United States.

 

These last two prongs (numbers 3 and 4) require the applicant to show USCIS why the traditional time intensive PERM Labor Certification process and job-offer should be skipped. Here, you should focus that on future job prospects, unique and exciting projects you may participate in, prospective funding you may receive – and how all of this is in your immediate timeline. That way, you will be able to prove that the US government should not wait to have you in become a resident of the US.

 

5. What forms do I need to file an EB1A?

 

Similarly, to any employment based green card petition, you must file a form I-140 along with the required fees. Keep in mind that USCIS updates their fees and forms regularly, so you want to make sure you are paying and using the latest editions.

 

Pending on where you were born (country of chargeability) you may be able to submit an I-485 Adjustment of Status application along with your I-140 petition. To know, check the current month’s visa bulletin, as it is updated two weeks before the month ends. There, you will be able to see that your priority date based on your country of chargeability is current. You will know it is current when it says “C” under the “First Preference” section of the chart.  The adjustment of status application allows for those who are presently in lawful status, physically inside the United States, to apply for a green card. If you are not inside the US, you can apply for an immigrant visa (consequently, a US green card), abroad at the US Consulate, through the process known as consular processing. For this process, you’ll need to fill out a DS-260 with the Department of State.

 

6. Conclusion

 

Experienced immigration practitioners will often be shocked by the subjective deliberation given to EB1A visas. Therefore, it is important that you provide strong documentation to build an undisputable argument that you are in fact extraordinary. Fortunately, if your case is questioned, you will typically be given a “Request for Evidence” – also known as a “RFE” to allow you to strengthen the merits of your case, in the areas questioned.

 

If you have any questions about how you may qualify for a Green Card through the EB1A process or if you need help evaluating any of the complexities in your case, please feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.

 

 

B Goody
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Michael helped us a lot preparing and sending all the needed documents to USCIS. We were very squeezed in time, and I even had to drive from SF to LA to deliver the originals in person, quicker than USPS or Fedex could do, to save one day. Michael... met me in his office at night time, so kind! During the entire period, Michael's team kept us informed about every single step they did, and finally we got all the needed approvals from USCIS. I highly recommend Michael, his company is a great example of how an ideal lawyer/attorney should work.read more
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22:49 08 Sep 20
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Started working with Michael Ashoori firm around march this year during the pandemic, but despite these difficult times they guided me step by step and they were always there when ever i had a question or clarification.Lahaina was great, very... professional immigration attorney and of very help through out all the process.She guided me all the way till i got my L1 visa approved.They have this portal system while they post in details every single document needed to ensure the success of the petition. I just had to collect all these documents, upload them on the portal and then they take it from there, they prepared everything and filled up the petition. Their job doesn’t stop here since most of the petitions gets an RFE from USCIS, so they continue by preparing whats needed and resubmit again till i got the reply that my petition was approved.Over all, Michael and his team are very professional and they really know what they are doing and they stay updated with all the recent laws and regulations going on. Highly recommendedread more
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21:44 03 Aug 20
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03:58 14 Jul 20
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18:03 07 Jul 20
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18:58 25 Jun 20
Great institutions like Ashoori law firm are made by great people, and there are no finer individuals than those who dedicated themselves to assist clients with different cases like mine. “HONEST & EMPATHETIC” are the words that come to mind when I... think of Lahaina and the rest of her amazing team! Highly professional and experienced immigration attorney who provided excellent service, demonstrating personal attention to all details of your cases. They show compassion by studying clients' stories.They certainly know the immigration process and help you fully prepare for the case and interview. They are always making sure that the whole process goes very smooth. I especially want to thank “Lahaina Araneta” attorney & Michael Ashoori. If you are a really nervous client like me, these people are always super patient and kind with you. If anyone is looking for immigration help, “Ashoori law firm” should be your very first choice for sure because they can really get things done!Working with Lahaina Araneta was absolutely great. She helped me through my entire journey without any hesitations. I always got answers whenever I had questions. I will definitely work with “HER” again on my next journey. She helped me a lot from the beginning of my case (naturalization case). She is attentive to details and very informative. She also quickly responded to my questions about my status. I can't say enough about her. I was completely dazzled by her communication skills and courage in communications with the USCIS office. I am blown away by her integrity and all the hard work she has done on my behalf. I will always be grateful for all of her efforts. Lahaina I just want to thank you for the excellent work you did as my immigration attorney. I would like to express my heartfelt gratitude to you for all the cares and concerns you have shown me, and for working tirelessly. if it weren’t for your analytical skills and knowledge, the matter wouldn’t have been settled by now. I knew you have a lot of clients, so your prompt responses and attention to detail really meant a lot to me. Having an experienced attorney like you on my side was a good sign that I was walking into the right path to win the case. Thank you Lahaina for your support during my N-400 application process, and for helping me to get the desired outcome. You don't know how much your passion impacts the lives of others.read more
Sandie Galloway
18:41 10 Jun 20
Lahaina was one of 4 lawyers that I had an Initial consult with. She was the only one who took the time to truly understand my case. She was patient with me and very responsive. The most important thing is she was the only lawyer who believed in me.... She has world class professionalism. We successfully got my visa and I couldn’t have done it without her. Will never use another law firm. Highly recommend. She truly cares about her clients and goes the extra mile.read more
Rw Right
17:39 06 Jun 20
Look no further. There are solid reasons why they get straight 5 stars in this review.They work as a (great) team and everyone is very knowledgeable and reliable. Micheal posts timely insightful topics on Youtube, in addition to answering all of... your personal questions quickly and responsively.read more
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09:10 03 Jun 20
We recently needed the assistance of a law firm and due to the fact that we had limited time available to submit our application, many of the law firms that we contacted were not able to assist us. We then came in contact with Michael from Ashoori... Law. Not only did they assist us with our application, they also provided us with efficient, professional service. They really went out of their way to make sure that we meet the deadline and provided us with regular updates on the process. What a wonderful and stress free experience! I would definitely recommend Ashoori Law’s services to any potential clients.read more
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00:03 16 May 20
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02:08 15 May 20
Ashoori and Lahaina are very professional and detail. They responded to my questions with terms that I can understand without any hidden agenda.I wish I hired them when I first applying my E2. They are the lowest in fees and most professional... immigration lawyer that I had encounter. We go through all the process through phone and email without meeting in person and I got my E2 renewal approved.Way better then any immigration lawyer that I had meet in person in NYC.Will definitely stick with them and recommend them to all my friends and family.read more
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19:27 08 May 20
Michael was amazing!! He gave his full support all the way through with my process and he would always update me and guide me when necessary. Extremely satisfied with his work. (real client)
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21:00 05 May 20
Michael and his team were experienced, responsive, knowledgeable, and honest. I would recommend them to my friends.
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02:15 02 May 20
Michael's law firm is compose of professionals who are working more than the sake of their clients. They care on their clients with their situation and help without limitation. They attend to all questions timely and return with immediate solutions... to secure all will be resolved and all worries were eased. I highly recommend and refer this firm to all related US re-entry and immigration concerns.read more
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09:17 01 May 20
Utilizing the services of Ashoori Law has been a pleasure and an outstanding experience. I highly recommend Ashoori Law to anyone who needs immigration assistance. With the help of Ashoori Law my spouse and I were able to get our immigration... documents seamlessly and without no issues. Ashoori Law is very customer oriented and from Day 1 is always available for you if you have any questions or concerns. Going forward, my spouse and I definitely plan to use Ashoori Law for future immigration services.read more
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01:33 29 Apr 20
Michael Ashoori is reliable and responds to inquiries with very short waiting time. His law firm handled my travel document efficiently even if it was within a very narrow window. He has kindly mailed my travel document in the most expeditious way... possible. I will definitely engage his services again if I need this type of legal service.read more
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00:04 25 Apr 20
Michael and his team are great! I had them recommended to me by my community who used them. Starting from an initial consultation, to working on the paperwork, to submitting to USCIS, everything as been smooth without any issue. In addition, they... answered all the question we had - SUPER fast - or whenever we called them they were very responsive.read more
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03:17 24 Apr 20
I recently employed the services of Michael Ashoori and Ashoori Law to help with the lodging of a Re Entry Visa for my wife and myself. I am delighted with the result and the expediency with which Asoori Law handled our application.We now have... approval of our visas and couldn't be happier. One of the stand out aspects of dealing with Ashoori was the fact that I could tel or email Michael at any-time and would always receive a prompt response by return email. This personal connection with the company during the process made me feel I was dealing with a friend and that I could reach out to at any time I had a question, rather than being treated as another client. I can in all confidence recommend Ashoori Law for Immigration matters due to this wonderful experience and the way my application was handled. Sincerely. Richard and Judy Norton.read more
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22:17 23 Apr 20
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Kuldeep Kaur
17:42 10 Apr 20
I had question about eb1 process and my alternatives to stay along with priority date timelines ie options to move over to another visa type like h1, to continue waiting for green card processing, all of my questions are very well taken by the... immigration consultant ( Karla Samayoa) , she has very strong hold on the processes and options available to candidates, i would certainly recommend her for immigration consulting on l1a visa and eb1 visa and green card application. I give her 5 startsThank youread more
Hansel Gonzalez
13:56 09 Apr 20
I reached out to Ashoori Law in order to obtain my US Re-Entry permit late last year. The whole team was friendly, knowledgeable and prompt to my many questions. Michael himself would answer any questions along the way after submission, which... assured me my case was important and on their radar. Having worked with various immigration lawyers in various countries I’ve worked at (6, so far), I know that is not always the case. I recommend to consider Ashoori Law for your US immigration needs, and I expect to reach out to them whenever I next need services in regards to US immigration.read more
ajay sharma
18:04 08 Apr 20
Michael and his team members are very professional and easy to work with. For my reentry permit application I was running bit tight on time but Michael helped all possible way to make the process smoother and faster.Their process of data... collection, fees etc are very streamlined and transparent.Michale was always approachable and very fast on his responses. He always made sure that I get the latest update immediately if their office heard anything about my case.In short, I highly recommend Michael and his team. You will enjoy working with them.read more
Tiyu Wang
14:27 18 Mar 20
Working with Michael was a pleasure from the beginning to the end. Through the experience of obtaining my re-entry permit, I got to witness first-hand his professionalism, expertise, and attention to detail.Some things that I really... appreciated:-Taking the time to work out the strategy for me, explaining the options I have and the solutions to potential situations that could arise.-Responding quickly and with well-thought out responses, when I emailed him with questions.-Being very meticulous (him as well as his staff) in ensuring the that logistics of my application were executed expediently and carefully.My case was not a big one, yet Michael behaved as if it were a big case. For that he certainly has earned my return business for immigration cases in the future, and I heartily recommend his services to anyone looking for a truly exceptional immigration lawyer.read more
Nello Trops
13:26 12 Mar 20
I have retained Ashoori Law for my immigration needs, I did work with a previous immigration attorney as well this is what I can say. The amount of information Ashoori Law provides to the general public by maintaining newsletters, blogs etc... sold... me, Ashhori Law takes the time to inform the general public and educate the general public who is interested in immigrated to the US that is of great value. After hiring Ashhori Law the process was smooth and clear, the response times are optimal. They are honest and are not just sitting around trying to make a quick buck when there's no hope. They truly advise you properly and are very transparent as well, no hidden fees. They were successful in filling my immigration needs and hands down I can recommend them to all my friends and contacts. Michael and Lahaina are professionals, they respond quickly and inform you quickly of any changes if any. I will definitely use them again in the near future. Thank youread more
emma Daniels
02:18 06 Mar 20
Karla was Very friendly to chat with and helpful
James Corcoran
14:38 05 Mar 20
I posting this for my wife in China VPN not workingI am so impressed by Mr. Michael Ashoori and will not hesitate to recommend him to you as one of the best immigration attorneys!!!For my case, I had an urgent timeline to apply for a re-entry... permit. To make it more complicated, I had multiple international travel plans during the application period. I reached out to quite a few attorneys for assistances. They either turned me down directly due to the time constrain or did not reply at all. On the contrary, Michael assured the feasibility of such an application during the first teleconference. Just as what he told me, all worked out perfectly under his coordination.To me, the following sets Mr. Michael Ashoori and his team apart from most of his peers:1) He is not only knowledge of the immigration laws and regulations but also highly familiar of the immigration authorities’ operation details. This is extremely critical to an urgent case since every step matters.2) He has the right AI system setup to monitor the daily workflows and handle the repetition workloads. Therefore, his team can focus on the key variables and client interactions efficiently.3) His fee is very reasonable and competitive.4) He cares about his clients as a friend. That is precious in a business world.You are in good hands if you pick Mr. Michael Ashoori and his team!read more
Humayun Tariq
08:09 05 Mar 20
I applied for the re- entry permit with Micheal Ashoori. I can say without a doubt, Micheal is the most helpful lawyer I have found there. What I love about Micheal is that he is really accessible to anyone, unlike other lawyers. He is always... available for a consultation call and clears out the queries patiently. He gives the best advice suited to the situation which has really helped me out with my planning.When I decided to apply for my re- entry permit with Micheal, he assisted me throughout the process. I just had to mail him the signed copy of the application and rest was handled by him and his team.Also, his team members, specifically Lahaina Araneta, are a joy to work with. They have been very responsive on e-mail even if it is late at night.Micheal, along with his team members, is very polite and never rushes an answer.I would definitely recommend everyone to work with Micheal if they need legal assistance in delicate matters such as immigration. He is the best you can get out there in terms of being responsible, responsive and accessible.read more
Sriram Akella
06:07 27 Feb 20
Worked with Micheal for applying reentry permits for my wife and myself. He prepared all the paper work and was ready so that we could file the day we landed in US. Very Friendly and answered all my questions with patience.Would definitely... recommend him for any immigration related work.read more
bardia bahrami
00:02 26 Feb 20
He was awesome, everything was straight forward with Michael and his team. I received my re-entry permit 6 weeks after submitting my request .
Tom Tam
17:43 22 Feb 20
This lawyer was awesome and helped my family with our own immigration case! 10/10 would recommend!
Remo Barducci
07:56 14 Feb 20
From the very first call where we were taken through the process right through to completion, all the interaction with Ashoori has been of the highest level . The advice we were given , how we were steered through the whole process and the brilliant... communication was simply faultless . Even though we are based in Australia on the other side of the world , time zones were no issue . Anyone planning on using Ashoori law, we recommend them very highlyread more
Blake McGrath
03:01 14 Feb 20
I needed to apply for an E-3 visa from Australia and Ashoori Law made the process very simple. All the required documents were provided as long as important information regarding the visa process, what was required for interviews and all other... relevant information. They have answered any questions I have had in a timely manner and have made the process and application and confirmation of the visa run very smoothly.Highly recommended.read more
Suresh Arumugham
11:01 13 Feb 20
I had utilized the service from Ashoori Law. Compared to other Law firms where you have to check for updates, Ashoori Law is very professional are very prompt in providing timely updates. They will take care of you until the service is complete.... Completely Satisfied.read more
Elena Matsa
07:47 13 Feb 20
Michael was very professional and always available to help by phone or by e-mail. I am thankful to have worked with him.
Edwin Ayala
23:31 12 Feb 20
Very professional , very efficient firm right from the beginning all the way to the end of our case , I think that immigration knows their reputation and that is why our case when very smooth and no issues at all , thank you Micheal Ashoori and team... .read more
nantanut saengprasit
04:19 12 Feb 20
As, I have some problem to apply reentry permit. I am very serious in my case because it was denied for the first time. When, I saw Ashoori Law website. I believe in Mr.Michael who can help me in this case. I got the great support from Mr.Michael... and his team. Finally, my reentry permit was approved. I would like to say Thank you very much. I hope who have the immigration's problem. Please contact to him. He expert for the Immigration law. He can suggest you until finish. Again, Mr.Michael, thank you very much for your help.read more
Arian Shahidi
22:44 10 Feb 20
It was a great experience working with Michael. Before starting to file my documents for my case he explained every detail step by step and guided me. During the process he updated me every time and answered every question accurately. I’m very... satisfied and looking forward to work with him in the future. If you’re looking for an excellent attorney, I strongly recommend Michael Ashoori.read more
Robert Cook
05:47 08 Feb 20
Prompt , efficient , and reliable , a very professional service ..
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Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.