Background: The petitioner seeks employment as a postdoctoral fellow at the University of Chicago. 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 petitioner qualifies for classification as a member of the professions holding an advanced degree but that the petitioner had not established that an exemption from the requirement of a job offer would be in Read more [...]

Background: The petitioner submitted printouts from the Science Citation Index, showing that two of his articles were cited three times each, and a third was cited seven times, for an aggregate total of thirteen citations (eight of which appear to have been self-citationsby the petitioner or his collaborators). The petitioner did not document any othercitations. Over 26 published papers, thirteen citations yields an average citation rate of .5, not 4.3. Therefore, the petitioner appears Read more [...]

Background: The petitioner seeks employment as a research associate at the National Jewish Medical and Research Center (NJMRC). 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 petitioner qualifies for classification as a member of the professions holding an advanced degree but that the petitioner had not established that an exemption from the requirement Read more [...]

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 [...]