November Visa Bulletin – ROW Is Current Again!

The Department of State has just released the November Visa Bulletin, and as we at Chen Immigration Law projected, second-preference employment-based (EB-2) visas have returned to ‘Current’ status for foreign nationals from ROW (Rest of World – all countries other than India and China).  This is great news for our clients who have recently received their NIW (National Interest Waiver) approvals in addition to our other ROW cases that are pending.  Now that EB-2 ROW visas are current again, Read more [...]

H.R. 3012 – What to Expect

Victoria Chen, J.D., Esq. I've received a large amount of inquiries regarding Senator Grassley's (Rep. - Iowa) recent lift of his hold placed on H.R. 3012.  Therefore, I'd like to provide my comments surrounding the bill's current status and future projections. Senator Grassley lifted his hold on H.R. 3012 on July 11, 2012.  Before this hold was lifted, there were amendments made to the bill, thereby forcing it to return to the House of Representatives for a new vote.  After the House passes Read more [...]

“July 2012 Visa Bulletin: Updates & Counterstrategies”

“July 2012 Visa Bulletin:  Updates & Counterstrategies” Victoria Chen, J.D., Esq.   Over the years, we at Chen Immigration Law Associates have a formed deep understanding of the volatility surrounding the immigration market and the related implications that come with regulatory alterations in policy and mandates made the U.S. government and its subsidiary agencies. These changes, albeit frustrating at times, are inherently tied to the inevitably changing global economy (especially Read more [...]

February 2012 Visa Bulletin: Cut-off date for people born in India and China will Jump to Jan/2010

Victoria Chen, J.D., Esq.   The January Visa Bulletin shows that the cut-off dates for the India and China Employment-Based, second preference (EB-2) category rapidly moved forward by “nearly 10 months, to January 1, 2009.  Now, Chen Immigration Law Associates wants to share the good news of a further advancement in the cut-off date.  The February 2012 Visa Bulletin reports that the cut-off date for those born in India and China applying under EB-2 is now January 1, 2010.   What Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition which held that the number of citations, by itself, does not appear to be sufficient to establish eligibility, but the petition does not rest solely on those citations

Background: The petitioner is a member of the professions holding an advanced degree. The petitioner is a postdoctoral researcher at the University of Texas Southwestern Medical Center (UTSMC), Dallas. 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 Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition where the AAO has not designated any arbitrary number of independent citations as the cutoff point for waiver eligibility

Background:  The petitioner was about to begin a postdoctoral research position at the University of Texas at Austin (UTA). 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 [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition for an Alien with little citations but high download number

Background: The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. s 1153(b)(2), as a member of the professions holding an advanced degree. At the time she filed the petition on March 30, 2007, the petitioner was a doctoral student and graduate research assistant at the University of Texas M.D. Anderson Cancer Center, Houston. The petitioner received her Ph.D. on August 15, 2007, and subsequently undertook postdoctoral training Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition where a low number of citations is not necessarily or automatically fatal to a national interest waiver petition

Background: The petitioner seeks employment as a research fellow at the Massachusetts Eye and Ear Infirmary, Boston, a teaching hospital of Harvard Medical School. 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 Read more [...]

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

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

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 [...]