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

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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 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 [...]

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 [...]