Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition where no rigid formula by which a certain number of citations and/or witness letters draws a sharp line between eligible and ineligible aliens

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Background: The petitioner is a postdoctoral researcher at the Ohio State University (OSU). 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 petitioner qualifies for classification as a member of the professions holding an advanced degree but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition for an Alien Who had 12 independent citations

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Background: The petitioner seeks employment as a postdoctoral fellow at the University of Chicago. 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 petitioner qualifies for classification as a member of the professions holding an advanced degree but that the petitioner had not established that an exemption from the requirement of a job offer would be in Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition for an Alien Who had 25 independent citations

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Background: The petitioner submitted printouts from the Science Citation Index, showing that two of his articles were cited three times each, and a third was cited seven times, for an aggregate total of thirteen citations (eight of which appear to have been self-citationsby the petitioner or his collaborators). The petitioner did not document any othercitations. Over 26 published papers, thirteen citations yields an average citation rate of .5, not 4.3. Therefore, the petitioner appears Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition for an Alien Who had less than 30 independent citations

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Background: The petitioner seeks employment as a research associate at the National Jewish Medical and Research Center (NJMRC). 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 petitioner qualifies for classification as a member of the professions holding an advanced degree but that the petitioner had not established that an exemption from the requirement Read more [...]

The Fairness for High-Skilled Immigration Act (H.R. 3012): First-Come-First-Served – The Prospective of New Law and the Three Employment-based Preferences

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by Victoria Chen, Esq., J.D. Overview On November 29, 2011, the House of Representatives nearly unanimously (389 to 15) voted for a bill that would change the entire visa system for high-skilled immigrants after a three-year transition period. Effectively, per country limits would be eliminated, meaning that green cards would be granted on a "first-come-first-serve" basis, rather than each country being limited to seven percent of the 140,000 green cards available each year. Foreign nationals Read more [...]

Green Cards for Entrepreneurs: Recent Initiatives and Clarifications for EB-2 NIW Visa Classifications

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by Victoria Chen, Esq., J.D. We at Chen Immigration Law Associates have recently received extensive requests regarding the possibility to obtain a green card under the category of NIW (National Interest Waiver)in EB-2 (Employment Based Second Preference) category. I therefore would like to take the chance to explore the possibility. NIW has long been regarded as a classification for researchers and scientists whose researches benefit the United States in a national scope. AAO (Administrative Read more [...]

What Triggers RFE (Request for Further Evidence) for I-140 EB1-A Alien of Extraordinary Ability?

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

RFE (Request for Further Evidence) Response Strategies— Analysis of a NIW Approval after RFE Responded by Chen Immigration Law Associates

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Client’s credentials: 2 peer review articles, 4 citations, several conference presentations RFE received after 8 months filed by another attorney RFE approved 8 days after RFE response filed by Chen Immigration Law Associates by Victoria Chen, Esq., J.D. This week, we at Chen Immigration Law Associates successfully helped a client have his NIW petition approved after responding to RFE (Request for Further Evidence). The approval is special in that we did not handle the case  from Read more [...]

Citation Records: Discerning the Ambiguous Curve ~ How many citations are sufficient for an NIW approval?

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by Victoria Chen, Esq., J.D. It probably feels like graduate school admissions season all over again. You keep asking yourself, “Do I have the right numbers to gain admission?” “Or do I have the right numbers to even petition?” And in the case of graduate admissions, it is as simple as checking the school’s websites, or a plethora of other specialized domains. Unfortunately, the United States Citizenship and Immigration Services (USCIS) do not have a neat and tidy system to give percentile Read more [...]

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 [...]