How Elizabeth Mavec Defines Exactly What Extraordinary Ability Clients Do

Some immigration cases follow a formula. Extraordinary ability cases don’t, and that’s what Elizabeth Mavec likes about them.

Every extraordinary ability visa case she takes on requires extensive time dedicated toward document review, a precise definition of the applicant’s field, and a narrative strong enough to hold up under federal scrutiny.

No two of her cases are the same. She’s worked with engineers, athletes, tech professionals and an agricultural scientist—among many others.

“Each case is different,” Mavec said. “It’s never ‘plug and chug’ when it comes to EB1-A filings.”

How Elizabeth Mavec found her way to extraordinary ability visas

Mavec’s entry into immigration law started far from corporate visa work. In college, she volunteered at RefugeeOne, a resettlement center in Chicago.

In law school at the University of Illinois Chicago, she worked at a Syrian asylum clinic. Her first job out of law school split her time between humanitarian immigration cases and domestic relationships.

She took a position at a business immigration firm in Kansas City, where she started her focus on EB-1A and O-1 visas. Mavec said she enjoys how demanding these cases are.

“It’s not systematic,” Mavec said. “You’re constantly researching. You need to really sit with the documents for several hours to then form an argument on paper.” 

Defining the field

The first challenge in extraordinary ability cases is defining the field correctly, Mavec said. 

“You can’t be too vague, but you can’t be too niche either,” she said.

Mavec points to a current case as an example. Instead of just saying the applicant works in AI,  Mavec got precise. The applicant’s actual work is in AI product management, specifically implementing learning mechanisms and language translation tools to issue certifications.

“If someone specializes in AI, that’s incredibly broad,” Mavec said. “The way I go about it is to fully flesh out their role and duties.”

The same challenge applies outside of tech. Mavec worked on a successful O-1 case for an agricultural scientist whose work centered on beef production. It required research into industry organizations, publications, and professional recognition for that field. 

In addition, Mavec has been having more consultations with social media influencers. The same questions apply: What is their precise field and has the person risen to the top of it?

How the RFE environment has changed

U.S. Citizenship and Immigration Services is issuing requests for evidence (RFEs) much more frequently, Mavec said. Currently USCIS is focused on what’s called the final merits determination: the question of whether an applicant has demonstrated sustained national or international acclaim, not just whether they met the three regulatory criteria. 

In one pending case, an RFE explicitly stated that the applicant had met at least three criteria. That concession became the foundation of Mavec’s response.

“This is their own words,” Mavec said. “So we use that right off the bat, claiming that based on the case law, this is an approvable case.”

RFE responses typically lean on case law, citing prior decisions. Mavec also usually submits additional evidence, like organizational charts, revised letters of recommendation, and metrics on the applicant’s contributions. 

And Manifest attorneys, she said, often collaborate on RFE strategy, using their shared experience of filing in the current environment.

The current climate has changed how Mavec discusses cases with clients, even before working on a petition.

“It may be a little harsh,” she said, “but you need to take a step back and question: Is this actually remarkable? Have others specifically used the applicant’s work in the field as a whole? Does it have some sort of national impact?”

Lately there’s been an urgency for many applicants to secure a Green Card. Many people see the EB-1A to get a priority date as quickly as possible, Mavec said.

“I understand the anxiety,” she said. 

But she still thinks rushing an EB1-A is a mistake. A USCIS officer, she said, will notice if every accomplishment on a petition was acquired within the last year. Sustained acclaim, by definition, takes years to build. 

Even with a strong portfolio, drafting an argument and working through the documentation can take three months, Mavec said.

No matter the challenges, Mavec said she enjoys the variety the field brings. Most of her cases are in tech, but she does enjoy working with artists and athletes. 

“Each case really depends on their specific set of accomplishments,” Mavec said. “So I do like the aspect of constantly learning about new fields.”