What should be Included in a Recommendation Letter in EB1-A, EB1-B or NIW application?

by Victoria Chen, Esq., J.D. In my previous article, I discussed whom you should turn to for a recommendation letter for your I-140 Immigrant Worker Petition. In this article, I will lay out what should be included in a recommendation letter. Qualifications of the Recommender A recommendation letter needs to include the description of the drafter. An introduction of the employer should be made if a job has been offered. If the drafter comments on the foreign person's achievements or research, Read more [...]

Qualifications of EB1-A “Aliens with Extraordinary Ability “ — Have you Risen to the Very Top of your Endeavor?

by Victoria Chen, Esq., J.D. Federal regulations define “extraordinary ability “ as a level of expertise indicating the individual is one of a small percentage who has risen to the very top of a particular field in the sciences, arts, education, business, and athletics. Why Apply under the Category of EB1-A? There are primarily two advantages of applying immigration benefits under the category of EB1-A. A. No Labor Certification or Employer Sponsor is Required Among the many advantages Read more [...]

Case Study: AAO Sustained an EB1-A Appeal of Petition on Behalf of an Inventor

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 in the sciences. This petition seeks to classify the petitioner as an alien with extraordinary ability an inventor. USCIS Decision: The director of Texas Service Center determined the petitioner had not established that the beneficiary qualifies Read more [...]

Case Study: AAO dismissed an EB1-A Appeal of a Petition for an Alien Business Consultant

by Victoria Chen, Esq., J.D. Background: The petitioner is involved in the performing arts. It seeks to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act as an alien of extraordinary ability as a business consultant. The basis for his claim is his previous work as the government-appointed president of a corporation formed to build a city in Britain. USCIS Decision: The director determined the petitioner had not Read more [...]

Case Study: AAO Sustained an EB1-A Appeal of a Petition for a Film Director Using Two-Part Test

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 as a film director. USCIS Decision: The director determined 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 as a Chess Player. USCIS Decision: The director determined Read more [...]

Case Study: AAO Sustained an EB1-A Appeal of a Petition for a Children Literature Writer

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 as an author of children's literature. USCIS Decision: The Read more [...]

Case Study: AAO dismissed an EB1-A Appeal of a Petition for a Researcher in the Field of Neurological Research

by Victoria Chen, Esq., J.D. Background: The petitioner is engaged in medical research and publication. It seeks to employ the beneficiary permanently in the United States as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1153(b)(1)(A), as an alien of extraordinary ability in the field of neurological research. USCIS Decision: The director determined the petitioner had not established that the beneficiary qualifies Read more [...]

Case Study: EB1-A Appeal of a Wushu Master is Sustained and Petition is Approved by the AAO.

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),as an alien of extraordinary ability as an alien of extraordinary ability as a Wushu coach. USCIS Decision: The director determined the petitioner had not established that she qualifies for classification as an alien of extraordinary ability. The director also determined that the petitioner had not established Read more [...]

Case Study: EB1-A Appeal of a Master Chef is Sustained and Petition is Approved by the AAO.

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),as an alien of extraordinary ability in the arts. USCIS Decision: The director determined that the petitioner had not established the requisite extraordinary ability through extensive documentation and sustained national or international acclaim. On Appeal The petitioner argues that the petitioner Read more [...]