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 [...]

Case Study: Appeal Dismissed on a NIW Petition of an Alien Dentist

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 dentist. 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. Evidence: The record shows that the petitioner is a self-employed dentist. Read more [...]

Case Study: AAO Withdrawn Approval Decision of a NIW Petition of a Researcher

by Victoria Chen, Esq., J.D. Background: The employment-based preference visa petition was approved by the Director, Texas Service Center. The director's decision was withdrawn and the petition was denied by the AAO. 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 research Associates. The petitioner asserts that an exemption from Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition for a Beneficiary who Had Proposed Influencial Model in the Field of Endeavor

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 civil engineer. 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: The Read more [...]

Appeal Case Study: NIW Appeal Dismissed due to Insufficient Evidence on Exceptional Ability

by Victoria Chen, Esq., J.D. Background: The petitioner seeks to classify the beneficiary pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), as an alien of exceptional ability. The petitioner seeks to employ the beneficiary as its president. 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: : The petitioner does not satisfy Read more [...]

Case Study: AAO Dismissed NIW Appeal Case for Failing to Satisfy EB-2 Requirements

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 as the president of a company engaged in the business of exporting technological products to India. 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 Read more [...]

Case Study: a Rare NIW Case Where the AAO Rejected that the First Two Prongs of NYDOT Case Were Satisfied

by Victoria Chen, Esq., J.D. Background: The petitioner seeks to classify the beneficiary 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. According to the Form I-140, part 6, the petitioner seeks to employ the beneficiary as a "Financial Research Analyst for Alzheimer Treatments." On the uncertified ETA Form 9089, the petitioner indicated that the beneficiary currently Read more [...]

Case Study: NIW Appeal Dismissed because the Petitioner Did not Meet the Burden of Proof on the Third Prong of NYDOT Case–Past Achievements.

by Victoria Chen, Esq., J.D. Background: This petition seeks to classify the petitioner pursuant to section 203(b)(2) of the Immigration and Nationality Act, as an alien of exceptional ability or a member of the professions holding an advanced degree. 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 beneficiary does not qualify for Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition for an Alien Who Was not the First Author of her Mostly-Cited Publication

by Victoria Chen, Esq., J.D. Background: The petition seeks to classify the petitioner pursuant to section 203(b)(2) of the Immigration and Nationality Act, as a member of the professions holding an advanced degree. 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 petitioner received her Ph.D. in Chemistry from Northwestern University. The director therefore Read more [...]

Case Study: Appeal Dismissed on a NIW Petition of an Alien Physician

by Victoria Chen, Esq., J.D. Background: The petitioner seeks to classify the beneficiary 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 to employ the beneficiary as a pediatrician. 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. The director found that the beneficiary qualifies Read more [...]