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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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. The petitioner seeks employment as a geodesist. 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 petitioner qualifies for Read more [...]

by Victoria Chen, Esq., J.D. Generally, application of second preference of employment-based immigrant visa, unlike first preference, requires a specific job offer and labor certification. However, a foreign person may seek a waiver of the offer of employment by establishing that his admission to permanent residence would be in the “national interest “. What is “National Interest“ ? The Standard of Law is Unclear The Immigration Act of 1990 states that the standards for national Read more [...]