Kazarian Case Analysis: Implications on the Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions

Posted by wegreened on in EB1 Green Card0 Comment
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 [...]

跨国公司经理绿卡申请公司规模有限制吗 Does the Company Size Matter for EB1C Mutational Manager/Executive Application?

Posted by wegreened on in EB1 Green Card0 Comment
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 [...]

Step by Step Introduction for a Good NIW (National Interest Waiver) Recommendation Letter

Posted by wegreened on in Uncategorized0 Comment
by Victoria Chen, Esq., J.D. A recommendation letter is also called a reference letter, support letter or testimonial letter. Strong testimonial letters are key to a successful NIW (National Interest Waiver) case. Good recommendation/reference letters not only bolster the petitioner’s credentials in filing a NIW (National Interest Waiver)  case but can make up for the lack of substantial publications and citations of the petitioner. Our firm has realized the significant role recommendation/reference Read more [...]

Case Study: AAO Sustained an EB1-A Appeal of a Petition for a Chess Player

Posted by wegreened on in EB1 Green Card0 Comment
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 [...]

Case Study: AAO Sustained an EB1-A Appeal of a Petition for an Artist

Posted by wegreened on in Art and Athletic, EB1 Green Card0 Comment
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 as an artist. USCIS Decision: The director determined the petitioner Read more [...]

Comparing the Three Groups in Priority Workers: Extraordinary Worker, Exceptional Professor/Researcher and Multinational Executive/Manager

Posted by wegreened on in EB1 Green Card0 Comment
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 [...]

Avoiding the Lengthy and Cumbersome Labor Certification Process: Introduction and Comparison of Schedule A and National Interest Waiver (NIW)

Posted by wegreened on in Uncategorized0 Comment
by Victoria Chen, Esq., J.D. Obtaining labor certification is the pre-filing step for most EB-2 and EB-3 categories. However, it is a long and complicated process. Understanding which categorization does not require or waives a labor certification is important for potential seekers of permanent residency via employment-based immigrant visas. A labor certification is not required in priority workers visas as we discussed before. Petitions for all three groups of priority workers do not need Read more [...]

What is Two-step Analysis for EB1-A and EB1-B Petitions? Using EB1-A as an Example

Posted by wegreened on in EB1 Green Card0 Comment
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 [...]

Major Internationally Recognized Prize or Lesser Nationally or Internationally Recognized Prizes: About the Prizes in NIW, EB1-A, and EB1-B peition

Posted by wegreened on in Uncategorized0 Comment
by Victoria Chen, Esq., J.D. The first question a petitioner in EB1-A has is whether the prize they have received is categorized as a major internationally recognized prize, a lesser nationally or internationally recognized prizes or neither. As the law states, to be qualified as an EB1-A extraordinary worker, a petitioner must submit evidence of receiving a major internationally recognized prize or submit at least three types of evidence listed in the law. A lesser nationally or internationally Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW Petition Lacks of Heavy Citations but with Substantial Influence

Posted by wegreened on in Uncategorized0 Comment
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. At the time he filed the petition, the petitioner was a global capital market expert at Wachovia Capital Markets. He has since begun working for Credit Suisse Securities USA, LLC. The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, Read more [...]