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” 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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]