Case Study: NIW Appeal Dismissed because the Petitioner Did not Meet the Burden of Proof on the Third Prong of NYDOT Case–Past Achievements.

by Victoria Chen, Esq., J.D. Background: This petition seeks to classify the petitioner pursuant to section 203(b)(2) of the Immigration and Nationality Act, as an alien of exceptional ability or a member of the professions holding an advanced degree. 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 beneficiary does not qualify for Read more [...]

Case Study: Appeal Sustained and Petition Approved by AAO on a NIW petition for an Alien Who Was not the First Author of her Mostly-Cited Publication

by Victoria Chen, Esq., J.D. Background: The petition seeks to classify the petitioner pursuant to section 203(b)(2) of the Immigration and Nationality Act, as a member of the professions holding an advanced degree. 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 petitioner received her Ph.D. in Chemistry from Northwestern University. The director therefore Read more [...]

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

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 a member of the professions holding an advanced degree. The petitioner seeks to employ the beneficiary as a pediatrician. 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 beneficiary qualifies Read more [...]