Entrepreneurs in Residence (EIR)

by Chen Immigration Law Associates  04/10/2012 On October 11, 2011 the USCIS Director announced a new initiative, called Entrepreneurs in Residence (EIR) that will use industry expertise from public and private sectors to increase the job creation potential of employment-based and high-skilled visa categories. USCIS sought out external experts including entrepreneurs, business leaders, and academics to review USCIS policies, practices, and training. USCIS launched EIR with an Information Summit Read more [...]

How We at Chen Immigration Law Associates Draft Reference/Recommendation Letters for Clients

by Chen Immigration Law Associates  04/10/2012 Reference letters are important since they serve as crucial evidence for the meeting the necessary criteria. They can be used to demonstrate or confirm the significance of the applicant’s work and the recognition of their achievements. Therefore, we at Chen Immigration Law Associates draft reference letters for clients to help them build up their credentials and strengthen their cases. First of all, after retaining us, clients will have a detailed Read more [...]

Cases Denied due to USCIS Administrative Errors No Longer Need to File Motion to Reopen but Only Need to Make Service Requests

by Chen Immigration Law Associates   04/05/2010 U.S. Citizenship and Immigration Services (USCIS) has established an expedited process for reviewing and correcting decisions resulting from certain administrative errors. This process enables customers to request an expedited review of their case and correction of the decision where data entry and/or an administrative error resulted in a denial or rejection of their petition or application. A customer or his or her authorized representative Read more [...]

EB-1 Evidentiary Criteria: Claiming the “Major Media” Criterion (Do NewsRx articles Qualify?)

Victoria Chen, J.D., Esq. “Major Media” criterion:  “Published material about the alien in professional or major trade publications or other major media relating to the alien’s work in the field for which classification is sought.” EB-1 categories have consistently had a very high standard of law, especially EB1A Alien of Extraordinary Ability and therefore we at Chen Immigration Law Associates have always evaluated all the credentials of our clients carefully before we claim any evidentiary Read more [...]

USCIS Reverts to Original I-797 Receipt and Approval Mailing Practice

by Chen Immigration Law Associates, 03/05/2012 On September 12, 2011, the United States Citizenship and Immigration Service (USCIS) undertook changes in policy for mailing original I-797 receipt and approval notices. The USCIS, which is a branch of the Department of Homeland Security, began sending original I-797 receipt and approval notices directly to petitioners and applicants, rather than to their attorneys or accredited representatives. Due to public feedback and opinions by USCIS stakeholders, Read more [...]

Ombudsman Raises Concerns and Makes Official Recommendations to the USCIS after the I-140 Memo Regarding EB-1A, EB-1B and EB-2

by Victoria Chen, Esq., J.D.  01/20/2012 On December 22, 2010, the U.S. Citizenship and Immigration Services (USCIS) issued a statement that applies a Ninth Circuit decision, Poghos Kazarian v. US Citizenship and Immigration Services, to policy regarding certain employment-based petitions files for individuals with extraordinary ability, outstanding professors and researchers, and exceptional ability professionals. This I-140 policy memorandum provides for a two-part test to determine eligibility: 1. Read more [...]

What Triggers RFE (Request for Further Evidence) for I-140 EB1-A Alien of Extraordinary Ability?

by Victoria Chen, Esq., J.D. Lately, the USCIS has been issuing more RFE (Request for Further Evidence) for Petitioners of EB-1 alien of extraordinary ability status. This article intends to explain what triggers RFE of EB1A petition. Basically, the USCIS Immigration Service Officers issue an RFE when they see an EB-1 petition is deficient in evidentiary support. An RFE usually means that additional evidence is needed to help support and clarify existing documents presented in the EB-1 petition. We Read more [...]

Kazarian Case Analysis: Implications on the Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions

by Victoria Chen, Esq., J.D. I. Introduction The Department of Homeland Security (DHS) has delegated the authority to make determinations of eligibility regarding immigrant petitions filed under the Immigration and Nationality Act of 1952 (INA) in Section 203(b) and Title 8 (Aliens and Nationality) Code of Federal Regulations (CFR) Section 204.5 to the United States Citizenship and Immigration Services (USCIS). There are currently three classifications under Section 203(b), however this article Read more [...]

跨国公司经理绿卡申请公司规模有限制吗 Does the Company Size Matter for EB1C Mutational Manager/Executive Application?

by Victoria Chen, Esq., J.D. 對於很多想申請EB1C綠卡的跨國公司經理人 (或是想收購或投資一家美國公司,藉此申請綠卡)的外國人來說,一個很大的疑問是,公司的規模有沒有限制,這篇文章對這個疑惑提出一個解答。 What does the law say? Immigration law states that: If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the Attorney General shall take into Read more [...]

Case Study: AAO Sustained an EB1-A Appeal of a Petition for a Chess Player

by Victoria Chen, Esq., J.D. Background: The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. s 1153(b)(1)(A), as an alien of extraordinary ability. The director determined that the petitioner had not established the sustained national or international acclaim required for classification as an alien of extraordinary ability. USCIS Decision: The director determined the petitioner had Read more [...]