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 [...]

Case Study: Appeal Dismissed on a NIW Petition of an Alien Dentist

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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 dentist. 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. Evidence: The record shows that the petitioner is a self-employed dentist. Read more [...]

Case Study: AAO Sustained an EB1-A Appeal of a Petition for a Chess Player

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 Chess Player. USCIS Decision: The director determined Read more [...]

Case Study: AAO Sustained an EB1-A Appeal of a Petition for a Children Literature Writer

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 an author of children's literature. USCIS Decision: The Read more [...]

Case Study: AAO Withdrawn Approval Decision of a NIW Petition of a Researcher

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by Victoria Chen, Esq., J.D. Background: The employment-based preference visa petition was approved by the Director, Texas Service Center. The director's decision was withdrawn and the petition was denied by the AAO. 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 research Associates. The petitioner asserts that an exemption from Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition for a Beneficiary who Had Proposed Influencial Model in the Field of Endeavor

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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 civil engineer. 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: The Read more [...]

Appeal Case Study: NIW Appeal Dismissed due to Insufficient Evidence on Exceptional Ability

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by Victoria Chen, Esq., J.D. Background: The petitioner seeks to classify the beneficiary pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), as an alien of exceptional ability. The petitioner seeks to employ the beneficiary as its president. 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: : The petitioner does not satisfy Read more [...]

Case Study: AAO dismissed an EB1-A Appeal of a Petition for a Researcher in the Field of Neurological Research

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by Victoria Chen, Esq., J.D. Background: The petitioner is engaged in medical research and publication. It seeks to employ the beneficiary permanently in the United States as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1153(b)(1)(A), as an alien of extraordinary ability in the field of neurological research. USCIS Decision: The director determined the petitioner had not established that the beneficiary qualifies Read more [...]

Case Study: AAO Dismissed NIW Appeal Case for Failing to Satisfy EB-2 Requirements

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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 as the president of a company engaged in the business of exporting technological products to India. 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 Read more [...]

Case Study: a Rare NIW Case Where the AAO Rejected that the First Two Prongs of NYDOT Case Were Satisfied

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by Victoria Chen, Esq., J.D. Background: The petitioner seeks to classify the beneficiary 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. According to the Form I-140, part 6, the petitioner seeks to employ the beneficiary as a "Financial Research Analyst for Alzheimer Treatments." On the uncertified ETA Form 9089, the petitioner indicated that the beneficiary currently Read more [...]