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

Posted by wegreened on in Uncategorized0 Comment
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 an EB1-A Appeal of a Petition for a Researcher in the Field of Neurological Research

Posted by wegreened on in EB1 Green Card0 Comment
by Victoria Chen, Esq., J.D. Background: The petitioner is engaged in medical research and publication. It seeks to employ the beneficiary permanently in the United States as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1153(b)(1)(A), as an alien of extraordinary ability in the field of neurological research. USCIS Decision: The director determined the petitioner had not established that the beneficiary qualifies Read more [...]

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

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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

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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: EB1-A Appeal of a Wushu Master is Sustained and Petition is Approved by the AAO.

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),as an alien of extraordinary ability as an alien of extraordinary ability as a Wushu coach. USCIS Decision: The director determined the petitioner had not established that she qualifies for classification as an alien of extraordinary ability. The director also determined that the petitioner had not established Read more [...]

Case Study: EB1-A Appeal of a Master Chef is Sustained and Petition is Approved by the AAO.

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),as an alien of extraordinary ability in the arts. USCIS Decision: The director determined that the petitioner had not established the requisite extraordinary ability through extensive documentation and sustained national or international acclaim. On Appeal The petitioner argues that the petitioner 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.

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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

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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: AAO dismissed an EB1-A Appeal of a Petition for an Alien Scholar and Historian

Posted by wegreened on in EB1 Green Card
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 [...]

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

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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 [...]