Day: December 31, 2011

What should be Included in a Recommendation Letter in EB1-A, EB1-B or NIW application?

Posted by wegreened on in EB1 Green Card0 Comment
by Victoria Chen, Esq., J.D. In my previous article, I discussed whom you should turn to for a recommendation letter for your I-140 Immigrant Worker Petition. In this article, I will lay out what should be included in a recommendation letter. Qualifications of the Recommender A recommendation letter needs to include the description of the drafter. An introduction of the employer should be made if a job has been offered. If the drafter comments on the foreign person's achievements or research, Read more [...]

Whom should you Turn to for Recommendation Letters?

Posted by wegreened on in Uncategorized0 Comment
by Victoria Chen, Esq., J.D. Application for EB-1 and EB-2 is a long journey. During the process of helping our clients walk through the complicated procedure, the first and one of the most important questions we encounter is “whom should I turn to for recommendation letters? “ Indeed, recommendation letters are essential in petition for employment-based immigration benefits. Given that adjusting officers are rarely experts in your field, the only way for them to determine whether you qualify Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW Petition Lacks of Heavy Citations but with Substantial Influence

Posted by wegreened on in Uncategorized0 Comment
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 Read more [...]

Case Study: Appeal Dismissed for an NIW Petition Where only General Merits of an Alien Physician Were Evidenced

Posted by wegreened on in Uncategorized0 Comment
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 or a member of the professions holding an advanced degree. The petitioner seeks employment as a physician - cardiology. 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: : Read more [...]

Qualifications of EB1-A “Aliens with Extraordinary Ability “ — Have you Risen to the Very Top of your Endeavor?

Posted by wegreened on in EB1 Green Card0 Comment
by Victoria Chen, Esq., J.D. Federal regulations define “extraordinary ability “ as a level of expertise indicating the individual is one of a small percentage who has risen to the very top of a particular field in the sciences, arts, education, business, and athletics. Why Apply under the Category of EB1-A? There are primarily two advantages of applying immigration benefits under the category of EB1-A. A. No Labor Certification or Employer Sponsor is Required Among the many advantages Read more [...]

Case Study: AAO Sustained an EB1-A Appeal of Petition on Behalf of an Inventor

Posted by wegreened on in EB1 Green Card
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), 8 U.S.C. s 1153(b)(1)(A), as an alien of extraordinary ability in the sciences. This petition seeks to classify the petitioner as an alien with extraordinary ability an inventor. USCIS Decision: The director of Texas Service Center determined the petitioner had not established that the beneficiary qualifies Read more [...]

Case Study: AAO dismissed an EB1-A Appeal of a Petition for an Alien Business Consultant

Posted by wegreened on in EB1 Green Card0 Comment
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 as a business consultant. The basis for his claim is his previous work as the government-appointed president of a corporation formed to build a city in Britain. USCIS Decision: The director determined the petitioner had not Read more [...]

Case Study: AAO Sustained an EB1-A Appeal of a Petition for a Film Director Using Two-Part Test

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), 8 U.S.C. s 1153(b)(1)(A), as an alien of extraordinary ability. The director determined that the petitioner had not established the sustained national or international acclaim required for classification as an alien of extraordinary ability as a film director. USCIS Decision: The director determined Read more [...]