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 [...]

by Victoria Chen, Esq., J.D. 對於很多想申請EB1C綠卡的跨國公司經理人 (或是想收購或投資一家美國公司，藉此申請綠卡)的外國人來說，一個很大的疑問是，公司的規模有沒有限制，這篇文章對這個疑惑提出一個解答。 What does the law say? Immigration law states that: If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the Attorney General shall take into Read more [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]