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 [...]

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

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 in the arts. Specifically, the petitioner seeks to classify the beneficiary as an alien with extraordinary ability as a choreographer. USCIS Decision: The director determined the petitioner had not established that the beneficiary Read more [...]

Make your Petition Letter More Convincing — How Should you Argue your EB1-A Case?

by Victoria Chen, Esq., J.D. A petition letter plays an essential role in EB1-A application. A good petition letter which displays supporting evidence in a clear and convincing way will save the time and energy of adjudicating officers, which in turn, will substantially enhance your chance of approval in a fast manner. The following are two tips of presenting evidence in your EB1-A petition letter. 1. Providing Basis of Comparison One way to address USCIS questions about whether you “are Read more [...]

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 [...]

Whom should you Turn to for Recommendation Letters?

by Victoria Chen, Esq., J.D. Application for EB-1 and EB-2 is a long journey. During the process of helping our clients walk through the complicated procedure, the first and one of the most important questions we encounter is “whom should I turn to for recommendation letters? “ Indeed, recommendation letters are essential in petition for employment-based immigration benefits. Given that adjusting officers are rarely experts in your field, the only way for them to determine whether you qualify 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. 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 Read more [...]

Case Study: Appeal Dismissed for an NIW Petition Where only General Merits of an Alien Physician Were Evidenced

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 an alien of exceptional ability or a member of the professions holding an advanced degree. The petitioner seeks employment as a physician - cardiology. The petitioner asserts that an exemption from the requirement of a job offer, and thus of an alien employment certification, is in the national interest of the United States. USCIS Decision: : 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 [...]