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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

by Victoria Chen, Esq., J.D.  01/20/2012 On December 22, 2010, the U.S. Citizenship and Immigration Services (USCIS) issued a statement that applies a Ninth Circuit decision, Poghos Kazarian v. US Citizenship and Immigration Services, to policy regarding certain employment-based petitions files for individuals with extraordinary ability, outstanding professors and researchers, and exceptional ability professionals. This I-140 policy memorandum provides for a two-part test to determine eligibility: 1. Read more [...]

by Victoria Chen, Esq., J.D. Lately, the USCIS has been issuing more RFE (Request for Further Evidence) for Petitioners of EB-1 alien of extraordinary ability status. This article intends to explain what triggers RFE of EB1A petition. Basically, the USCIS Immigration Service Officers issue an RFE when they see an EB-1 petition is deficient in evidentiary support. An RFE usually means that additional evidence is needed to help support and clarify existing documents presented in the EB-1 petition. We Read more [...]

by Victoria Chen, Esq., J.D. I. Introduction The Department of Homeland Security (DHS) has delegated the authority to make determinations of eligibility regarding immigrant petitions filed under the Immigration and Nationality Act of 1952 (INA) in Section 203(b) and Title 8 (Aliens and Nationality) Code of Federal Regulations (CFR) Section 204.5 to the United States Citizenship and Immigration Services (USCIS). There are currently three classifications under Section 203(b), however this article Read more [...]