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 [...]

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

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 artist. USCIS Decision: The director determined the petitioner Read more [...]

Comparing the Three Groups in Priority Workers: Extraordinary Worker, Exceptional Professor/Researcher and Multinational Executive/Manager

by Victoria Chen, Esq., J.D. Congress has made green cards easily available for certain businesspeople, professors and researchers, and people with special talents. Foreign persons qualifying in this category don't need to show that no U.S. workers are available to do the job. Petitioners under EB1 category do not need labor certification before they do I-140 petition and therefore skip the cumbersome process. In addition, all EB-1 visas are current so foreign beneficiaries in this preference Read more [...]

Avoiding the Lengthy and Cumbersome Labor Certification Process: Introduction and Comparison of Schedule A and National Interest Waiver (NIW)

by Victoria Chen, Esq., J.D. Obtaining labor certification is the pre-filing step for most EB-2 and EB-3 categories. However, it is a long and complicated process. Understanding which categorization does not require or waives a labor certification is important for potential seekers of permanent residency via employment-based immigrant visas. A labor certification is not required in priority workers visas as we discussed before. Petitions for all three groups of priority workers do not need Read more [...]

What is Two-step Analysis for EB1-A and EB1-B Petitions? Using EB1-A as an Example

by Victoria Chen, Esq., J.D. Petitioners of EB1, like petitioners in other immigrant categories, need to submit a petition letter and related evidence to support the claims in the petition letter to the USCIS. There is no specific format required. However, petitioners are suggested to follow attentively the requirements specified in law and the USCIS rules. Many applicants seeking to apply to EB-1 and EB-2 are concerned about the new two-step approach of analysis used by the USCIS now. This Read more [...]

Major Internationally Recognized Prize or Lesser Nationally or Internationally Recognized Prizes: About the Prizes in NIW, EB1-A, and EB1-B peition

by Victoria Chen, Esq., J.D. The first question a petitioner in EB1-A has is whether the prize they have received is categorized as a major internationally recognized prize, a lesser nationally or internationally recognized prizes or neither. As the law states, to be qualified as an EB1-A extraordinary worker, a petitioner must submit evidence of receiving a major internationally recognized prize or submit at least three types of evidence listed in the law. A lesser nationally or internationally Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW Petition Lacks of Heavy Citations but with Substantial Influence

by Victoria Chen, Esq., J.D. Background: The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), as a member of the professions holding an advanced degree. At the time he filed the petition, the petitioner was a global capital market expert at Wachovia Capital Markets. He has since begun working for Credit Suisse Securities USA, LLC. The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW Petition with Few Citations

by Victoria Chen, Esq., J.D. Background: The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), as a member of the professions holding an advanced degree. The petitioner seeks employment as a geodesist. The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States. USCIS Decision: The director found that the petitioner qualifies for Read more [...]

USCIS Releases I-140 Approval/Denial Statistics for EB-1 Cases from 2005 to 2010: Steadily Increasing Approval Rate for EB1-A and High Approval Rate for EB1-B

by Victoria Chen, Esq., J.D. U.S. Citizenship and Immigration Services (USCIS) released statistics on approval and denial rates for employment-based Form I-140 petitions involving EB1-A Aliens of Extraordinary Ability and EB1-B Outstanding Professors/Researchers on 02/28/2011. EB1-A Alien of Extraordinary ability and EB1-B Outstanding Professors or Researchers are two of the subgroups of first preference employment-based immigrant visa, they are also called “priority workers.“ No labor certification Read more [...]

EB-2 National Interest Waiver: What Constitutes National Interest?

by Victoria Chen, Esq., J.D. Generally, application of second preference of employment-based immigrant visa, unlike first preference, requires a specific job offer and labor certification. However, a foreign person may seek a waiver of the offer of employment by establishing that his admission to permanent residence would be in the “national interest “. What is “National Interest“ ? The Standard of Law is Unclear The Immigration Act of 1990 states that the standards for national Read more [...]