Case Outcomes Simplified: How Much Discretion Does an Immigration Officer Truly Have?

Case Outcomes Simplified:  How Much Discretion Does an Immigration Officer Truly Have?                                                                         Victoria Chen, J.D., Esq.   We at Chen Immigration understand that the supposedly complex nature of an Immigration Officer’s discretion can become quite confusing and deeply frustrating, especially for the self-petitioner.  Accordingly, unreasonable Requests for Evidence letters (RFEs) and Read more [...]

H.R. 3012 – What to Expect

Victoria Chen, J.D., Esq. I've received a large amount of inquiries regarding Senator Grassley's (Rep. - Iowa) recent lift of his hold placed on H.R. 3012.  Therefore, I'd like to provide my comments surrounding the bill's current status and future projections. Senator Grassley lifted his hold on H.R. 3012 on July 11, 2012.  Before this hold was lifted, there were amendments made to the bill, thereby forcing it to return to the House of Representatives for a new vote.  After the House passes Read more [...]

“July 2012 Visa Bulletin: Updates & Counterstrategies”

“July 2012 Visa Bulletin:  Updates & Counterstrategies” Victoria Chen, J.D., Esq.   Over the years, we at Chen Immigration Law Associates have a formed deep understanding of the volatility surrounding the immigration market and the related implications that come with regulatory alterations in policy and mandates made the U.S. government and its subsidiary agencies. These changes, albeit frustrating at times, are inherently tied to the inevitably changing global economy (especially Read more [...]

How to Respond to an Unreasonable RFE or NOID: Our Recent Experience for an EB1-EA case

Victoria Chen, J.D., Esq.   We at Chen Immigration Law Associates always appreciate the hard work of most immigration officers who review cases in a timely and accurate manner. Because of the correct determination of immigration officers, more than 95% of our EB1 cases filed are approved by the USCIS. Although Ombudsman has expressed its concern regarding the inconsistent decisions of EB1-EA (Aliens of Extraordinary Ability) cases after Kazarian v. USCIS, our EB1-EA cases filed in February Read more [...]

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 [...]

Can I still apply for EB-2 National Interest Waiver if I have a minimal citation record and no scientific or scholarly articles? – Key Strategies for Petition Approval

Victoria Chen, J.D., Esq. -   What if I have no scholarly publications, no citations, and no major academic contributions to the field of endeavor; can I still apply for an EB-1 or EB-2 visa?           This is a frequently occurring question we at Chen Immigration Law Associates get from potential clients planning to apply for first- and second-preference employment-based visas.  The answer is “YES.” There are many foreign nationals who apply lacking the above credentials, 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 [...]