If you are outside of the U.S, there are two steps to get your employment based green card:

First, you will file an I-140 to qualify yourself under certain immigration category. You will be the only one filing the I-140. When your I-140 is approved and when your priority date is current, you and your dependents can apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as “Consular Processing.”

For employment based green card, you can file an I-140 while living anywhere in the world. The location will have no effect on your chance of case approval as long as you satisfy the requirements for the immigration category for which you apply. After your I-140 is approved and your CP is completed, you will be issued an immigrant visa stamp. You must enter the US within 6 months of being issued the immigrant visa stamp. Once you arrive in the US your green card will be mailed to your US address within 1-2 months. However, you can delay CP if you are not ready to move to the United States after I-140 approval, as the I-140 approval notice has no expiration date.

For I-140 categories such as EB-1A (Alien of Extraordinary Ability) and EB-2 NIW (EB-2 National Interest Waiver), a job in the United States is not required. These categories allow self petition, so one can be the petitioner of the case without a U.S. employer to act as the sponsor. However, if you do not have a U.S. job offer, you should submit a detailed personal statement, indicating your plan to work in the same field indicated in your petition. Also, it is suggested that you include documentation showing your efforts to seek jobs in the field you claim to have exceptional achievements.

We have successfully represented many clients from outside the United States to obtain their employment based green card, especially for the self-petitioned categories of EB1-A and EB-2 NIW. In 2013 and 2014 alone, we have received over 1,200 I-140 approvals for categories of EB1-A and EB-2 NIW, with overall approval rate more than 97%.

To see some of our success cases, please see below:

http://blog.wegreened.com/niw-success/niw-petition-approved-for-associate-professor-in-china-in-the-field-of-packaging-science/

http://blog.wegreened.com/eb1-success/eb-1a-approved-for-a-professor-in-china-in-the-field-of-linguistics/

http://blog.wegreened.com/niw-success/niw-petition-approved-for-research-assistant-professor-in-japan-in-the-field-of-immunology/

http://blog.wegreened.com/niw-success/professor-in-iran-in-the-field-of-physics-has-niw-petition-approved/

We are a leading U.S. immigration law firm pioneering in large volume of approval cases and high approval rate for I-140 immigration petitions with the most comprehensive services. If you are interested in an employment based green card, please contact us at law@wegreened.com  for a free evaluation. Our attorneys will respond to you within 24 business hours.

Recently, the USCIS has accelerated its case adjudicating time, which is reflected in the number of case approvals of our firm this month. Specifically, we at North America Immigration Law Group have received 100 EB1A, EB1B, and NIW Approval Notices in May, 2014. Additionally, we have received 142 EB1A, EB1B, and NIW case approvals between January and April, 2014.

In total, we have received 242 approval notices from January 2014 to May 2014, which makes us one of the leading U.S. immigration law firms with high volume of approval cases and high approval rate in EB1A, EB1B, and NIW I-140 immigration petitions.

For more information about our approved cases, please see: http://www.wegreened.com/eb1_niw_approvals

We at North America Immigration Law Group usually receive hundreds of inquiries regarding employment-based immigration every week. Many potential clients have been asking whether they need to have an H-1B visa to receive a green card.  So we would like to clarify that an H-1B visa is not a prerequisite for any type of a green card. In fact, we have hundreds, if not thousands of clients who obtained their green cards while holding visas such as F-1, F-1 OPT, J-1, B1/B2 or TN.

A common misconception is that a person on a non-immigrant visa that requires non-immigrant intent must switch to a dual-intent visa before they can apply for a green card.  Dual-intent visas include H, O. L and P visas. However, this is not true.  While you may hold a visa that requires non-immigrant intent, you are not prohibited from changing your mind and seeking permanent residence at a later time.  For this reason, you are able to switch directly from a non-immigrant visa such as F  or J  to an immigrant visa such as EB-1A or EB-2 (NIW).  There may be certain factors that do not allow you to switch such as INA 212 (e) two year home residency requirement attached to certain J visa, but obtaining an H-1B visa would not alleviate these factors.

If you wish to switch from a visa that requires non-immigrant intent to an immigrant visa, you are said to have immigrant intent.  This is not an issue once you already have your non-immigrant visa and are in the United States, but you might encounter issues extending your non-immigrant visa or obtain a new visa stamp if you have immigrant intent.  For this reason, switching to a visa that allows for dual-intent can be beneficial.  If you were to switch to one of these visas, you would be able to extend your underlying non-immigrant visa and travel without having to worry that your green card process will impact that visa.

While changing to a dual-intent visa may alleviate some of the frustrations that accompany applying for a green card from different non-immigrant visa categories, the time and cost involved in switching visa statuses for the sole reason of applying for a green card often outweighs any benefits.  When a client comes to us in a status that requires non-immigrant intent, we are able to assist them with a personalized case strategy that takes into account their current status, past statuses, and their green card aspirations so that they may successfully obtain their green card.

If you are interested in starting your green application based on categories such as EB1-A Alien of Extraordinary Ability, EB-1B Outstanding Researcher/Professor,  or EB-2 National Interest Waiver, feel free to email us for free evaluation at law@wegreened.com.

The U.S. Department of Homeland Security recently announced that it will publish two proposed rules this week.  One of the rules proposes to add comparable evidence to the evidentiary criteria list for EB1B petitions.  In a press release dated May 6, 2014, DHS stated, “This proposal would also expand the current list of evidentiary criteria for employment-based first preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations.”

The Notice of Proposed Rulemaking will soon be published in the Federal Register.  DHS will accept public comment on the proposed rules through the following website – www.regulations.gov.

Current Evidentiary Requirements for EB1B Outstanding Professors or Researchers Petitions

In order to qualify as an outstanding professor or researcher, one must satisfy each of the following requirements:

1. Demonstrated international recognition for outstanding achievements in a particular academic field;
2. At least 3 years of experience in teaching or research in that academic field; and
3. Entering the U.S. in order to pursue a tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

EB1B beneficiaries must also demonstrate that they satisfy at least two of the following evidentiary criteria to show that they are an outstanding professor or researcher:

• Evidence of receipt of major prizes or awards for outstanding achievement
• Evidence of membership in associations that require their members to demonstrate outstanding achievement
• Evidence of published material in professional publications written by others about the alien’s work in the academic field
• Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
• Evidence of original scientific or scholarly research contributions in the field
• Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

How the New Rule Changes the Requirements for EB1B Outstanding Professors or Researchers Petitions

The proposed rule would add comparable evidence to the list of evidentiary criteria that must be satisfied in order to qualify for an EB1B I-140 petition.  This addition will bring the regulations for EB1B petitions in line with other employment-based immigrant categories that already permit the submission of comparable evidence (e.g., EB1-A Alien of Extraordinary Ability, EB-2 Exceptional Ability).  Examples of comparable evidence include important patents and prestigious, peer-reviewed funding grants.

How the New Rule Benefits Our Clients

The new rule will benefit our clients who are able to meet all the requirements for EB1B  but are unable to satisfy at least two of the evidentiary criteria currently listed.  If such clients are able to satisfy one of the listed criteria and also provide comparable evidence that is not listed, they may qualify for an EB1B I-140 petition.

However, the beneficiaries still need to show they are internationally recognized as outstanding under the Kazarian test. In our experience, it is not difficult to meet at least two out of six regulatory criteria under EB1B category. It is the “total merits determination” test set by Kazarian v. USCIS that led to most of the EB1B denials.  Hence, it is not clear how the standard of law for EB1B will be changed by the proposal.

You can read the full DHS press release here.

This year, the USCIS received roughly 172,500 H-1B petitions to fill 85,000 cap-subject slots for fiscal year (FY) 2015.  This means that those subject to the cap and not selected in the lottery will have to wait until April 1, 2015 to apply for an H-1B visa, hoping that their petition is selected in this lottery.  Over the past decade, it has become increasingly more difficult to obtain H-1B status.  The difficulty is largely due to this numerical limitation, or “cap,” imposed on new H-1B visas.  Regardless of how qualified an individual is, unless exempt, he or she will not have a chance to be granted H-1B status unless he or she is selected in the lottery, which fills 85,000 slots for petition processing (20,000 of which are for beneficiaries holding a US master’s degree or higher).   While an H-1B visa may have been most appealing, there are some alternative visas that may be available to those who were unable to be granted H-1B status.

O-1 Visa

O-1A visas are for aliens of extraordinary ability in science, education, business, or athletics.  O-1B visas are for aliens of extraordinary ability in the arts or extraordinary achievement in the motion picture of television industry.  These individuals are people who are recognized as being at the very top of their field and who are coming to the US to continue work in that field.   The visa is granted for up to three years initially and can be extended in one year increments until the business activity is completed.  Additionally, the O-1 visa holder may be joined by his or her spouse and children.  The spouse and children will be granted O-3 status and cannot work, but are able to attend school or college.  Another benefit to the O-1 visa is that it allows for dual-intent.  Therefore, one can extend or renew their O-1 status even after filing an I-140 or I-485.  To find out more information and learn whether O-1 status may be a great fit for you, please visit http://www.wegreened.com/O-Visa-Alien-Extraordinary-Ability.

L-1 Visa

L-1 visas may be a viable option for those individuals that have been working for multi-national companies.  For L-1 status, one must have worked for one continuous year in the last three years prior to entering the US as an executive, manager, or person with specialized knowledge.  The employer abroad must be a parent, subsidiary, affiliate, or branch of the US company.  This visa category also allows for dual-intent and allows for the visa holder’s spouse and children to join him or her.  The spouse of the L-1 visa holder may be granted L-2 status and is able to obtain work authorization and/or study, while the dependent children of the L-1 visa holder and admitted as L-2’s but are only allowed to study.  These visas are initially approved for up to 3 years and can be extended for a total stay of 7 years for executives and managers (L-1A) or 5 years for workers with specialized knowledge (L-1B).  L-1 visas also allow dual-intent, allowing aliens to extend or renew their L-1 status even after filing an I-140 or I-485.  To find out more information and learn whether L-1 status may be a great fit for you, please visit http://www.wegreened.com/L-Visa-Intracompany-Transferee-Visa.

Immigrant Visas

While it typically takes much longer to obtain an immigrant visa, it may be advantageous to start the process now.

EB-1A visas are first-preference, employment-based visas for aliens with extraordinary abilities in science, arts, education, business, or athletics.  These visas are current, so the foreign national does not need to wait for the priority date to become current before obtaining a green card.  Self-petition is also allowed, so one does not need an employer to sponsor the process and a job offer is not required.  For more information on EB-1A visas, please visit http://www.wegreened.com/EB1A

EB-1C visas are also first-preference, employment-based visas and are reserved for multi-national executives and managers.  Very similar to the L-1 visas, the beneficiary must have been employed abroad for one continuous year in the previous three by a multi-national company seeking to transfer the employee to the US.  Unlike the L-1 visa, however, EB-1C does not allow for transfer of specialized knowledge employees.  This category is also current, but self-petitioning is not allowed and a job offer is required. For more information on EB-1C visas, please visit http://www.wegreened.com/EB1C-Multinational-Executives-or-Managers

EB-2 (NIW) visas are popular amongst those qualified individuals whose employers are unwilling to sponsor the foreign national for permanent residency.  Sponsoring an EB-2 employee can be a burdensome and arduous process for employers, but EB-2 NIW waives the necessity to have a labor certification and a job offer which removes the need for an employee to be sponsored.  While the individual must still be qualified for the EB-2 category, they can obtain a National Interest Waiver if they can prove that their admission to the US would be in the “national interest”.  For more information on EB-2 (NIW) visas, please visit http://www.wegreened.com/niw/

Miscellaneous Options

In addition to the above-referenced visas, there remains a variety of other options for those that are unable to obtain H-1B status.  B-1 Business Visitors, R-1 Religious Workers, P-1 Athlete/Entertainer, and E-1/E-2 International Traders/Investors are just a few examples of alternative routes that are available.

Thanks very much for your excellence!

A Senior Engineer with Experience in Industrial and System Engineering Was Approved for an EB-2 NIW (National Interest Waiver) (Approval Notice)

General Field: Industrial and Systems Engineering

Position at the Time of Case Filing: Senior Engineer

Country of Origin: China

Service Center: Nebraska Service Center (NSC)

State of Residence at the Time of Filing:  California

Approval Notice Date: 12/16/2013

Processing Time:  7 months 2 days

Case Summary:

We here at North America Immigration Law Group – WeGreened.com were happy to work with a senior engineer from California during her NIW process. With 15 peer-reviewed articles that have been cited 55 times, we were more than happy to provide evidence showing the importance of her research in lead-free electronics manufacturing. As a senior engineer, this client works towards the understanding of lead-free failure fatigue and behavior, while providing evidence of how being lead-free provides a healthier future. We were able to provide evidence that this client’s accomplishments place her in the top of the industrial and systems engineering field, making her an important asset to the United States. One of the 8 recommenders for this case explains that “[Client] is clearly an outstanding researcher who is highly proficient in materials characterizing, with particular emphasis on consistently generating results with both commercial and practical applications. Her work has greatly helped to improve product reliability, company public image, and increase productivity, leading ultimately to better electronics and larger profits.” This case took just over 7 months to get approved, including the time taken to respond to the RFE.

With this in consideration, it is important to emphasize that the processes and expertise practiced by Chen Immigration Law Associates. Not only do we develop the best possible strategies for each case, but we execute these strategies with the utmost effectiveness!

Just like this case, YOU can be one of success stories. Chen Immigration Law Associates Currently Maintains An Approval Rating Close to 100%!

Want more information?

View our Client Approvals by Month or All Together! 

View our LinkedIn Recommendations to see what past clients have had to say about us! (Please add info@wegreened.com to your LinkedIn to view the comments)

Send us a Free Evaluation Request (Don’t know what’s necessary for the Evaluation Request? View the Evaluation Request Requirements)

Or please email:  law@wegreened.com

Instructions for filing under EB-2 NIW (National Interest Waiver), EB-1A (Alien of Extraordinary Ability) and EB-1B (Outstanding Professors and Researchers) Categories

I-140 Form is used for Immigrant Petition for Alien Workers. People filing under the categories of EB-1 Alien of Extraordinary Ability, EB-1B Outstanding Researcher/Professor and EB-2 NIW (National Interest Waiver) need to fill out the form and file the case to the USCIS with the supporting evidence. The I-140 form will be the first thing immigration officers examine to get basic information about the case. Hence it is essential to answer all the questions on the form correctly. Any inaccurate information provided may lead to RFE (Request for Evidence) or even case denial.

This article intends to explain in detail how to answer the questions correctly and provide the most accurate information on your I-140 immigration petition form.

General Instructions:

You can type or clearly write your responses in black ink.

If you need extra space to complete an item, attach a separate piece of paper and indicate the item number.  Sign and date each extra sheet of paper.

Answer all questions completely. If an item is not applicable or the answer is “none”, leave the item blank.  Do not enter “N/A” or “none”.

If you are filing under EB-2 NIW or EB-1A, you are both the petitioner and the beneficiary.  If you are filing under EB-1B, you are the beneficiary and your employer is the petitioner.

Part 1.  Information About the Person or Organization Filing This Petition

1.a.- 1.c.  If you are filing your I-140 under EB-1A or EB-2 NIW, enter your complete legal name. Make sure to enter your given name, middle name (if any), and family name in the appropriate boxes.  If you do not have a middle name, leave 1.c. blank.  Double-check to be sure you entered your name correctly.  If you enter your name incorrectly, you will need to place a service request in order to correct your name and will not be able to place the service request until you have the receipt notice for your Form I-140.  If you are filing under EB-1B, leave 1.a.-1.c. blank.

2.  If you are filing under EB-1A or EB-2 NIW, leave this item blank.  If you are filing under EB-1B, enter the name of the company or organization who is serving as the petitioner for your case.

Other Information

3.  If you are filing under EB-1A or EB-2 NIW, leave this item blank.  If you are filing under EB-1B, enter the employer/petitioner’s 9-digit IRS tax number.

4.  If you are filing under EB-1A or EB-2 NIW, enter your complete US Social Security Number, if you have one.  Providing a partial Social Security Number is not acceptable.  If you do not have a Social Security Number, leave this item blank.  If you are filing under EB-1B, leave this item blank.

Mailing Address

5.a.- 5.i.  If you are filing under EB-1A or EB-2 NIW, enter your complete mailing address, including the apartment number, suite, or floor, if applicable.  If you are filing under EB-1B, enter the employer/petitioner’s complete mailing address.  If you enter a United States address, you do not need to provide a Postal Code or Province.  Double-check the mailing address that you entered to be sure you entered it correctly.  This is the address where the USCIS will send notices about your case.  If the address is incorrect, your notices may be returned to USCIS.

Part 2.  Petition Type

If you are filing under EB-1A, select 1.a.

If you are filing under EB-1B, select 1.b.

If you are filing under EB-2 NIW, select 1.i.

If you are filing under multiple categories, you will need to complete a separate Form I-140 for each category. Each I-140 form will need to be accompanied with additional USCIS filing fee of $580 and petition package.

Leave 2.a. and 2.b. blank, unless this I-140 is being filed to amend a previously filed I-140.  If so, check the box next to 2.a. and enter the receipt number for the previously filed I-140 being amended by this I-140.

Part 3.  Information About the Person for Whom You Are Filing

1.a- 1.c.  Enter your complete legal name.  Make sure to enter your given name, middle name (if any), and family name in the appropriate boxes.  If you do not have a middle name, leave 1.c. blank.

Mailing Address

2.a.- 2.i.  Enter your complete mailing address, including the apartment number, suite, or floor, if applicable.  If you are filing under EB-1A or EB-2 NIW, the address will be the same as the address you entered in Part 1.

Other Information

3.  Enter your email address, if you have one.

4.  Enter your daytime telephone number.

5.  Enter your date of birth.  Make sure to enter the month first, the date second, and the year last.

6.  Enter your city/town/village of birth.

7.  Enter your state/province of birth (if any).

8.  Enter your country of birth.

9.  Enter your country of citizenship.

10.  Enter your country of nationality.

11.  Enter your Alien Registration Number (also known as an A-Number or Alien Number), if you have one.  If you have a previously adjudicated I-140 or have an Employment Authorization Document (EAD), you may have a 7-9 digit A-Number.

12.  Enter your complete Social Security Number (if any).

If you are in the US, complete 13, 14.a. & 14.b., 14.d. & 14.e., 15, and 16.

13. Enter the most recent date that you arrived in the US.

14.a. Enter the I-94 number documenting your most recent arrival in the US.  This should be an 11 digit number.  If you do not have your I-94 number, you can go to the following website to retrieve it: https://i94.cbp.dhs.gov/I94/request.html.

14.b.  Enter your passport number.

14.c.  You can leave this item blank.

14.d. Enter the country which issued your passport.  Note: a passport issued in the US by your home country’s embassy or consulate is considered to have been issued by your home country, not the US.

14.e. Enter the expiration date of your passport.  Make sure to enter the month first, the date second, and the year last.

15.  Enter your current nonimmigrant visa status, e.g. F-1, J-1, H-1B, etc.

16.  Enter the date that this status expires.  Make sure to enter the month first, the date second, and the year last. If you have an F-1 visa, see the I-20.  If you have a J-1 visa, see the DS-2019.  If you have an H-1B visa, see the approval notice.

Part 4.  Processing Information

Check the box next to 1.a. if you will be applying at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.  Enter the city or town and country where you will be doing consular processing.  If you are not in the US, you will need to do consular processing after your I-140 is approved.

Check the box next to 1.b. if you will be filing an I-485 for adjustment of status to that of lawful permanent resident and enter your last country of permanent residence outside of the US.  You are eligible to file an I-485 if you are in the US and have a valid non-immigrant visa status.

This information can be changed in the future if you not sure or if your situation changes.  If you checked 1.b. on the Form and later decide to do consular processing instead, you can file a Form I-824 (Application for Action on an Approved Application or Petition) to have your I-140 approval notice sent to the National Visa Center.  If you checked 1.a. on the Form and later decide to file an I-485 instead, all you have to do is file the I-485 –there are no extra forms or added steps to the process. But, as a courtesy, you should notify the consulate and/or National Visa Center of your decision.

Either 1.a. or 1.b. should be checked.  Do not check both boxes.

2.a.-2.f. Enter your complete foreign address.

3.a.-3.c. If your native alphabet is not written in Roman letters, enter your name written in your native alphabet.  If your native alphabet does use Roman letters, leave 3.a.-3.c. blank.  If you were born in India, you can leave 3.a.-3.c. blank, as English is an official language of India.  French, German, and Spanish are examples of alphabets that use Roman letters.  Chinese, Korean, Arabic, and Nepali are examples of alphabets that do not use Roman letters.  It is fine to print out the Form and write your name in your native alphabet by hand.

3.d.-3.i. If your native alphabet is not written in Roman letters, enter your foreign address written in your native alphabet.  If your native alphabet does use Roman letters, leave 3.d.-3.i. blank.  If you were born in India, you can leave 3.d.-3.i. blank.  It is fine to print out the Form and write your foreign address in your native alphabet by hand.

4.  Answer “yes” or “no” and, if you answer “yes”, check any applicable boxes.  Note:  you should only answer “yes” if you will be simultaneously filing the I-140 and the other form(s) (I-485, I-131, I-765, etc.).  If you will be waiting until you have the receipt notice for the I-140 or until your I-140 has been approved to file these forms, the correct answer is “no”.

5.  You should answer “no”, unless you are in removal proceedings in Immigration Court.   If the answer is “yes”, make sure to provide the following information on a separate piece of paper attached to the Form: the case number(s), the office location(s), the date of the decision(s), and the disposition of the decision(s).  Write “Part 4, 5” on the separate piece of paper, sign, and date it.

6.  You should answer “yes” if you have previously filed an immigrant visa petition or if one has previously been filed on your behalf, e.g. I-140, I-130, or I-485.  Otherwise, you should answer “no”.  If the answer is “yes”, make sure to provide the following information on a separate piece of paper attached to the Form: the case number(s), the office location(s), the date of the decision(s), and the disposition of the decision(s).  Write “Part 4, 6” on the separate piece of paper, sign, and date it.

7.  You should answer “no”, if you are filing under EB-2 NIW, EB-1A, or EB-1B.

8.  You should answer “no”, if you are filing under EB-2 NIW, EB-1A, or EB-1B.

Part 5.  Additional Information About the Petitioner

If you are filing under EB-1B, check the box next to 1.a.

If you are filing under EB-1A or EB-2 NIW, check the box next to 1.b.

If you are filing under EB-1B, complete 2.a.-2.f.  If the petitioner is a non-profit, e.g. a university, you can enter “0” for 2.d. and 2.e.

If you are filing under EB-1A or EB-2 NIW, leave 2.a.-2.f. blank.

If you are filing under EB-2 NIW, EB-1A, or EB-1B, leave 2.g.-2.i. blank.

If you are filing under EB-1A or EB-2 NIW, complete 3.a. and 3.b. with your occupation (e.g. physicist, chemist, engineer, etc.) and annual income.

If you are filing under EB-1B, leave 3.a. and 3.b. blank.

Part 6.  Basic Information About the Proposed Employment

If you are not employed in the US and do not have proposed employment in the US, leave Part 6 blank.

If you are currently employed in the US, enter the information about your current employment in Part 6.

If you have proposed employment in the US, enter the information about your proposed employment in Part 6.

1. 1.       Enter your job title, e.g. Postdoctoral Researcher, Assistant Professor, etc.
2. 2.       Choose the most appropriate Standard Occupational Classification (SOC) code for your occupation. You can search for the SOC Code for your job title at the following link: http://www.bls.gov/soc/classification.htm.  If you cannot find an SOC Code that exactly matches your job title, choose the one that comes the closest.
3. 3.       Enter a brief, non-technical job description.
4. 4.       Answer “yes” if the position is for 40 hours per week or more.  Answer “no” if the position is for less than 40 hours per week.
5. 5.       If the answer to 4. is “no”, enter the number of hours per week that you work.
6. 6.       Answer “yes” if you have an expectation of continued employment unless there is good cause for termination.  Answer “no” if your position is for a limited term.
7. 7.       Answer “yes” if you started this position less than 6 months ago.   Answer “no” if you started this position more than 6 months ago.
8. 8.       Enter your wages and specify whether they are paid per hour, week, month, or year.

9.a.-9.e. Enter the complete address where you will work if it is different from the address you entered in Part 1.

Part 7.  Information on Spouse and All Children of the Person for Whom You Are Filing

You must list your spouse, if any, and all children related to you- including those born in the US.

For each individual listed, provide his or her complete name, date of birth, country of birth, relationship to you, and indicate whether or not the individual will be applying for adjustment of status (filing an I-485) or applying for a visa abroad (doing consular processing).

If the individual was born in the US, the correct answer to these two questions is “no”.

If the individual was born outside of the US, the answer should be “yes” to one of these questions and “no” to the other.  If the individual is in the US and has a valid non-immigrant visa status, he or she is eligible to file an I-485 as a derivative beneficiary of your I-140.  If the individual is outside of the US, he or she will need to apply for an immigrant visa abroad, in order to come to the US and be admitted as a permanent resident.

The answer should never be “yes” to both questions.

Part 8.  Signature of Petitioner

If you are filing under EB-1B, the information in this part should be about the individual who signs the form on behalf of your petitioning employer.

1.a. If you are filing under EB-1A or EB-2 NIW, sign your name.  If you are filing under EB-1B, the signature should be by a person authorized to sign the Form on behalf of your employer.

1.b.  Enter the date of signature.  Make sure to enter the month first, the date second, and the year last.

2.  If you are filing under EB-1A or EB-2 NIW, enter your daytime phone number.  If you are filing under EB-1B, enter the daytime phone number for the person signing the Form.

3.  If you are filing under EB-1A or EB-2 NIW, enter your mobile telephone number. If you are filing under EB-1B, enter the daytime phone number for the person signing the Form.

4.  If you are filing under EB-1A or EB-2 NIW, enter your email address.  If you are filing under EB-1B, enter the email address for the person signing the Form.

5.  If you are filing under EB-1A or EB-2 NIW, leave this blank.  If you are filing under EB-1B, enter the job title of the person signing the Form.

Part 9.  Signature of Person Preparing This Petition, If Other Than the Petitioner

If you do not have an attorney or representative, you do not need to complete Part 9.  If you have an attorney or representative, he or she will need to complete Part 9.

If you have an attorney or representative, you will also need to file a Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) together with your Form I-140.

With this in consideration, it is important to emphasize that the processes and expertise practiced by Chen Immigration Law Associates. Not only do we develop the best possible strategies for each case, but we execute these strategies with the utmost effectiveness!

Just like this case, YOU can be one of success stories. Chen Immigration Law Associates Currently Maintains An Approval Rating Close to 100%!

Want more information?

View our Client Approvals by Month or All Together! 

View our LinkedIn Recommendations to see what past clients have had to say about us! (Please add info@wegreened.com to your LinkedIn to view the comments)

Send us a Free Evaluation Request (Don’t know what’s necessary for the Evaluation Request? View the Evaluation Request Requirements)

Or please email:  law@wegreened.com

Here at North America Law Group/Chen Immigration Law Associates, we are experts on EB2-NIW(National Interest Waiver) immigration petitions. So far in the year of 2013, we have got over 300 NIW (National Interest Waiver) cases approval notices and helped dozens of clients successfully respond to their RFE (Request for Evidence) for cases filed by other law firms. We are committed to providing the best service available for your National Interest Waiver petition. This article serves as an explanation of the various requirements that must be satisfied for NIW (National Interest Waiver) approval, latest trend of NIW (National Interest Waiver) adjudication and also provide actual examples approval cases of our firm.

1. Basic Requirements for EB-2
As NIW (National Interest Waiver) is under EB-2 category, the applicant must meet the requirement of EB-2, which means the applicant must possess either Advanced degree (degree above bachelor’s degree) OR Exceptional Ability.

2. National Interest Waiver Requirements
Once it has been demonstrated that the alien meets the minimum requirements listed above, it must be proven that the alien qualifies for a National Interest Waiver.

“What is a National Interest Waiver?” and “What is Self-Petition”
Normally, EB-2 applications require that applicants have a job offer and undergo a labor certification to obtain a green card. A National Interest Waiver waives the requirement of the labor certification process, by establishing that the alien’s permanent residence is in the United States “national interest.” If the requirements set forth for a National Interest Waiver by the precedent NYSDOT (New York State Department of Transportation) case in 1998 are satisfied, the alien is not required to have a specific job offer, nor must they undergo the labor certification process. So an applicant can do “Self-Petition” with their cases, meaning they are the petitioner as well as the beneficiary of their cases and do not need any employer to sponsor the petition.

“What is NYSDOT and why does it apply to my case?” 
In immigration terms, NYSDOT commonly refers to the 1998 precedent case that dictates the standards governing the EB-2 NIW (National Interest Waiver). In order to demonstrate that the alien qualifies for a National Interest Waiver, all three of the following criteria must be satisfied:
1. The proposed employment must be in an area of Substantial Intrinsic Merit
2. The proposed benefit of that employment must be National in Scope
3. The beneficiary must serve the National Interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

3. How to meet the requirements for National Interest Waiver
A. Substantial Intrinsic Merit
The first prong is arguably the easiest to satisfy of the three prongs introduced above. In order to demonstrate Substantial Intrinsic Merit, it must be shown that the field of endeavor is related to an important national goal and that the work is beneficial to the United States. Examples of such “national goals” could include improving the health, safety, the economy, the environment, education, or the arts. It is important to note that substantial intrinsic merit is not limited to only fields of scientific research, but can be demonstrated for almost any field, including but not limited to the arts, social sciences, and business.
Evidence: In order to support the argument that your work is of substantial intrinsic merit, one must submit evidentiary documents explaining in simple terms why your work is important and what are the practical applications or benefits of that work to the U.S. Letters of recommendation from experts in the field explaining your research and its implications and significance to the United States are suitable evidence in addition to any other publications or reports detailing the significance of your field and the benefits of such work to the United States.
Examples: These are example approvals of our firm in 2013
-A postdoctoral researcher in the field of medicinal chemistry developing anti-viral and anti-cancer drugs contributes to the health of millions in the U.S.
-An civil engineer working on improving the durability of asphalt improves infrastructure, safety, and transportation in the U.S.
-A consultant in the field of Petroleum Engineering improves the efficiency of energy production in the U.S., and contributes to the development of environmentally-friendly practices
-An opera singer brings the arts to society, and contributes to the body of knowledge on vocal health
-An animator contributes to the advancement of American art and design
-A physician in the field of gastroenterology contributes to the advancement of the diagnosis and treatment of digestive diseases, improving healthcare in the U.S.
-An entrepreneur contributes to the economy and creation of jobs within the U.S.
– A research associate in the field of economics contributes to risk management and economic growth in the U.S.

B. National in Scope
The second prong requires that your work be National in Scope. That is, the benefits of your work cannot be limited to one particular geographical region. This is relatively easy to demonstrate when one considers trying to relate their work to a particular national goal. For instance, a physician working in one hospital may appear to only be benefiting the geographical region that the particular hospital serves. However, the physician can demonstrate that they are benefiting the nation as a whole through the dissemination of their research publications, or through the development of new procedures or techniques that are implemented in hospitals outside of their geographic region. It is generally easy to demonstrate that most types of scientific research have benefits that are national in scope, as scientific advancement in a particular area can easily be tied to a specific national goal such as healthcare or safety. However, we are also experienced and have had much success in demonstrating the national benefits of those involved in more unusual or unique fields, including but not limited to musicians, artists, economists, and web-developers.

Evidence: In addition to explaining how your work benefits the nation as a whole or is tied to a national goal, other forms of evidence can provide more support for these arguments.
A. Government funding: any instances of your work being funded by the U.S. government can easily substantiate the claim that your work has benefits to the U.S. as a whole
B. Citations: not only can citations show the impact your work has had on the field, they can also demonstrate that your work is being implemented and utilized by researchers around the nation, and therefore benefiting the nation as a whole
C. Letters of recommendation: letters of recommendation can provide statements explaining the national benefits of your work, as well as provide examples of how your work is being implemented or impacting different geographic regions

Examples: These are example approvals of our firm in 2013
-A medical researcher in the field of oncology impacts healthcare nationwide through research contributing to the development of cancer therapies
-A physician contributes to the advancement of diagnostic practices that are implemented across the nation
-A postdoctoral researcher in the field of electrochemistry contributes to performance of batteries, which can be used nationwide
-A musician, through their nationwide performances and the dissemination of their music through CD sales, contributes to the artistic culture of the nation as a whole
-A geologist studying mineral-water reactions contributes to the water safety of the U.S.
-A web-developer contributes to the development of web-content that will be used nationwide

C. National Interest
The third prong is generally the most difficult to satisfy, and is the key to successful NIW (National Interest Waiver) approval. It must be proven that the benefit of the alien’s participation in the field of endeavor outweighs the national interest of protecting U.S. workers present in the labor certification process. To clarify the vague language, we can refer to an AAO decision: “The petitioner seeking the waiver must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required for the alien. The petitioner must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of the services of the alien by making available to U.S. workers the position sought by the alien. The labor certification process exists because protecting the jobs and job opportunities of U.S. workers having the same objective minimum qualifications as an alien seeking employment is in the national interest. An alien seeking an exemption from this process must present a national benefit so great as to outweigh the national interest inherent in the labor certification process.”
It shows that the alien must demonstrate that it would be adverse to the national interest if they were unable to continue working in their field. Does the alien play a critical role in a project that would be unable to continue without their contribution? Would a specific area of scientific advancement be hindered without the alien’s work? Would a national goal be compromised without the alien’s continued presence in the U.S.? These are the types of considerations that must be taken into account when arguing that the alien’s continued presence in the United States is in the national interest of the United States.
Specifically, the AAO elaborated,“ The alien must clearly present a significant benefit to the field of endeavor” and must establish that there has been “some degree of influence on the field as a whole.” Therefore, the alien must show that they have influenced their field of endeavor. This can be shown through any recognition your work has received, as well as through application of your work.
Evidence: In addition to making sound structural arguments that the alien has met the requirements, evidence must be submitted to substantiate these claims. It is not enough to merely state the alien has impacted their field to a greater extent than their peers, but one must provide documentary evidence demonstrating how the alien has done so. We are experts at forming strong arguments to address each of the necessary requirements of the “national interest” prong, as well as compiling sound evidentiary support for each of the claims that we make. It is useful to consider the criteria for EB-1A (Alien of Extraordinary Ability) when compiling evidence in support of the third prong. While the standard of law is much higher for EB-1A (Alien of Extraordinary Ability) and the evidentiary requirements are thus much stricter, the EB-1A (Alien of Extraordinary Ability) criteria can provide a good idea of what types of evidence can establish the alien’s past record of achievement as well as influence on their field.

Below is a list of evidence commonly included with our EB-2 NIW (National Interest Waiver) petitions, as well as explanations for how each type of evidence can satisfy the requirements for NIW (National Interest Waiver).

A. Publications (including journal articles, book chapters, and books) and Citation Records: A complete publication record should be included with the petition in order to demonstrate the alien’s past record of scientific achievement. Publication alone, however, will not demonstrate the alien’s influence in the field. The publication record should be accompanied with a citation record in order to demonstrate the influence of the alien’s work on the field, and show that the work is being utilized by other researchers in the field. Additionally, journal impact factors and average citation records for the field can be used to show that the alien has a degree of influence above that of the average researcher in the field. It should be noted that there is no “magic number” of citations that will guarantee NIW (National Interest Waiver) approval, and there are many strategies that can be used to offset a low citation record.

B. Letters of Recommendation: Letters of recommendation are a crucial aspect of the NIW (National Interest Waiver) petition. Independent letters of recommendation (from those who have never worked or studied with you, collaborated with your, or advised your work), will carry much more weight with the USCIS than letters from dependent recommenders, and this should be taken into consideration when selecting recommenders. Letters of recommendation should discuss your research contributions and their significance in layman’s terms, and also comment directly on the benefit of your work to the United States. Letters of recommendation are also a great opportunity to demonstrate the implementation of one’s work. A letter of recommendation from someone who has utilized your work, and can explain how they have done so in the letter, is a great way to strengthen your case. As part of our service, we will draft all of the recommendation letters for you. We will advise you closely on appropriate recommender selection, and how many letters should be drafted for your case. We set out a clear strategy when drafting the recommendation letters to ensure that the letters contain all of the necessary statements to substantiate the claims we have made in the petition. Lastly, we never rely on templates to draft the letters, and instead tailor each letter to your individual needs and unique case strategy.

C. Evidence of Influence: In order to demonstrate the degree of influence you have had on your field, it is essential to highlight any instances of the application or utilization of your work. Citations are a great way to demonstrate this, but other evidence can be used as well including letters of recommendation, patents commercialization, contracts, and article downloads. The petition should highlight as many instances of implementation as possible, and provide documentary evidence to support each instance.
In sum, a variety of evidence should be presented to demonstrate how the alien qualifies for a National Interest Waiver. It is not sufficient, however, to simply list the alien’s achievements. A holistic approach must be taken to ensure that all together, the petition, letters of recommendation, and supporting evidence will prove that the alien is qualified for a National Interest Waiver. This is our goal at Chen Immigration Law Associates, and by keeping the requirements of the three-prong test in mind at every step of case preparation, we can ensure that your petition will address all of the necessary aspects of the National Interest Waiver requirements.

4. 2013 USCIS Trends of NIW (National Interest Waiver) Adjudication 
1. More cases routed to NSC (Nebraska Service Center) and more RFE (Request for Evidence) Notices Issued: 
This year, the USCIS changed its way of E-filing and make all E-filed cases in the NSC jurisdiction to be routed to NSC (Nebraska Service Center), contrary to their previous practice. We therefore have more chance to interact with NSC immigration officers. Although both TSC (Texas Service Center) and NSC immigration officers should follow the same adjudication standards set by the immigration law and USCIS regulations, it is not uncommon to see various adjudication standards of different immigration officers and different service centers under the same immigration petition category. Based on our experience, NSC (Nebraska Service Center) immigration officers tend to issue more RFE (Request for Evidence) notices and some of the notices indicated confusing adjudication standards. Fortunately, the majority of those cases were approved after our RFE response, making our approval rate for NIW (National Interest Waiver) cases is still over 99%.

2. More Attention to “Continuance to Work in the Same Field”:
Although the immigration law or NYSDOT does not specifically request the petitioner to provide evidence that the alien will continue to work in the same field with an NIW (National Interest Waiver) petition, it is a general theme for employment-based immigration. This year, we noticed the immigration officers from both service centers issued more RFE (Request for Evidence) notices requesting specific evidence to satisfy this requirement.
Even though the USCIS has been more strict about this requirement, this year we still have successfully filed many NIW (National Interest Waiver) cases for clients who were residing outside the United States without any U.S. job offer or clients residing in the U.S. but not employed. For those cases, it is important to consult an experience immigration law firm and formed a successful strategy.

3. More Focus on “Implementation” of the Alien’s Work 
For NYSDOT test, the most important prong to argue is the third prong:
“The beneficiary must serve the National Interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.”

This means that the alien must show that they have risen to a level of influence that is higher than the majority of their peers, as well as those with merely minimum qualifications to the field. It is essential to demonstrate what sets you apart from others working in your field.
One of the important aspects of one’s influence the USCIS has been focused on is the implementation of the alien’s work. Based the experience of responding to RFE (Request for Evidence), we noticed that the USCIS started to request more specific evidence of actual implementation of the clients’ work. We have successfully developed strategies to show the application or implementation of clients’ work by utilizing their citation records, pre-existing (unsolicited) evidence such as contracts/licenses to use client’s work; patents that are being commercialized, evidence of collaborations, such as emails asking for client’s research results, Reports in journals/mass media and Letters of Recommendation we drafted for clients.
We at North America Law Group/Chen Immigration Law Associates always act swiftly based on the latest trends of case adjudication and provide the most effective and efficient assistance to our clients to get case approval.

With over 300 NIW (National Interest Waiver) case approvals in the year 2013, representing clients in a variety of fields and circumstances, we are confident that we possess the experience to develop a successful NIW (National Interest Waiver) strategy for you. For a free evaluation of your credentials, please e-mail your CV to law@wegreened.com .

With this in consideration, it is important to emphasize that the processes and expertise practiced by Chen Immigration Law Associates. Not only do we develop the best possible strategies for each case, but we execute these strategies with the utmost effectiveness!

Just like this case, YOU can be one of success stories. Chen Immigration Law Associates Currently Maintains An Approval Rating Close to 100%!

Want more information?

View our Client Approvals by Month or All Together! 

View our LinkedIn Recommendations to see what past clients have had to say about us! (Please add info@wegreened.com to your LinkedIn to view the comments)

Send us a Free Evaluation Request (Don’t know what’s necessary for the Evaluation Request? View the Evaluation Request Requirements)

Or please email:  law@wegreened.com

General Field: Geotechnical Engineering

Position at the Time of Case Filing: Geotechnical Project Engineer

Country of Origin: Iran

Service Center: Nebraska Service Center (NSC)

State of Residence at the Time of Filing:  Washington

Approval Notice Date: November 18, 2013

Processing Time:  1 month, 22 days

Case Summary:

The remarkable client that Chen Immigration Law Associates had the pleasure of working with in this case was a Geotechnical Project Engineer from Iran working in the field of geotechnical engineering.  He had conducted research and professional service in a broad spectrum of specialized fields in geotechnical and civil engineering. His work had focused specifically on seismic stability and design procedures for reinforced soil walls and slopes, the response of innovative foundation systems for offshore platform in the energy industry, and offshore geohazards, as well as geotechnical analysis and design of transportation infrastructures and geostructures.  We demonstrated that his continued employment in the field would not only benefit those in his field, but the citizens of the United States at large. To achieve success in this case, we submitted extensive documentation proving our client’s highly significant contributions to the field of geotechnical engineering, including at least 3 peer-reviewed journal articles and numerous conference papers. His publications had been cited at least 106 times at the time of case filing, demonstrating that these publications are widely recognized and relied upon in the field of geotechnical engineering.  Regarding the significance of his accomplishments, one of his independent recommenders commented, “[His] work on understanding the triggering mechanisms of submarine landslides is crucial for the safety of people and industries around the world, so much so that his research was funded by an NSF Career grant.”  Through extensive documentation, we were able to successfully argue that our client would serve the national interest to a significantly greater degree than others with similar education and experience. His NIW application was approved in less than 2 months, which is much more quickly than the average processing time of 4-6 months for I-140s.

With this in consideration, it is important to emphasize that the processes and expertise practiced by Chen Immigration Law Associates. Not only do we develop the best possible strategies for each case, but we execute these strategies with the utmost effectiveness!

Just like this case, YOU can be one of success stories. Chen Immigration Law Associates Currently Maintains An Approval Rating Close to 100%!

Want more information?

View our Client Approvals by Month or All Together! 

View our LinkedIn Recommendations to see what past clients have had to say about us! (Please add info@wegreened.com to your LinkedIn to view the comments)

Send us a Free Evaluation Request (Don’t know what’s necessary for the Evaluation Request? View the Evaluation Request Requirements)

Or please email:  law@wegreened.com

Getting an H-1B visa can be challenging. U.S. Citizenship and Immigration Services (USCIS) received approximately 124,000 H-1B petitions during the filing period, which began on April 1, 2013. In just five days, USCIS reached the statutory H-1B cap of 65,000 for fiscal year 2014. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. So, those wishing to apply for a cap-subject H-1B will need to wait until April 1, 2014.

The O-1 nonimmigrant visa can be a viable alternative to the H-1B. Like the H-1B, it requires an employer to serve as the petitioner and allows immigrant intent. The O-1 is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
The O nonimmigrant classification is commonly referred to as:

• O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);
• O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry;

General Eligibility Criteria

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered. The beneficiary must be renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered. The beneficiary must be recognized as outstanding, notable or leading in the motion picture and/or television field.

Advantages of the O-1 visa

The O-1 visa has a number of advantages, as compared to the H-1B. First, there is no annual cap on the number of O-1 visa issued. Second, there is no limit on the number of extensions or the length of the beneficiary’s stay in the U.S. In contrast, after six years in the U.S., H-1B beneficiaries must return to their home country for one year, unless they have an approved Form I-140 (Immigrant Petition for Alien Worker). Third, the focus of the O-1 petition is on the achievements of the beneficiary; the burden on the petitioning employer is less as compared to H-1B. For the O-1, no Labor Condition Application (LCA) is needed. Fourth, the average processing time is 2-3 weeks, as compared to 2-6 months for H-1B. Premium processing may be requested by filing Form I-907 and paying a fee of $1,225; if premium processing is requested, the USCIS will issue a decision on the petition within 15 calendar days. Fifth, the beneficiary can start to work upon approval of the O-1 visa petition, whereas for the first cap-subject H-1B, the petitioner must apply by April 1^st, but the beneficiary must wait until October 1^st before starting to work.

In addition, as the O-1 visa allows immigrant intent, it can be extended even after filing a Form I-140 (Immigrant Petition for Alien Worker). Also, the O-1 may be a good first step to qualifying under EB-1A (Alien of Extraordinary Ability), as many of the criteria are similar. But, it is easier to qualify under O-1 than EB-1A, as Kazarian does not apply. (link to wegreened discussion of Kazarian here)

Application Process

The O-1 petitioner must file an I-129Petition for Nonimmigrant Worker with the USCIS and pay a $325 filing fee. The petition may not be filed more than one year before the actual need for the alien’s services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment. In addition to filing an I-129 and paying the filing fee, the following documentary evidence must be provided:

Consultation

A consultation is a written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the beneficiary’s area of ability.
If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.

Exceptions to the Consultation Requirement:

If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist, the decision will be based on the evidence of record. Those in academic and teaching fields have no unions or peer groups and, therefore, must have letters of recommendation from the applicant’s “peer group” in which their referees outline their own standing in the field.

A consultation may be waived for an alien with extraordinary ability in the field of arts if the alien seeks readmission to perform similar services within 2 years of the date of a previous consultation.  Petitioners should submit a waiver request and a copy of the previous consultation with the petition.

Contract between petitioner and beneficiary

A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed is needed.

NOTE:  USCIS will accept an oral contract, as evidenced by the summation of the elements of the oral agreement.  Such evidence may include but is not limited to: emails between the contractual parties, a written summation of the terms of the agreement, or any other evidence which demonstrates that an oral agreement was created.

The summary of the terms of the oral agreement must contain:

• what was offered by the employer
• what was accepted by the employee

The summary does not have to be signed by both parties to establish the oral agreement.  However, it must document the terms of the employment offered and that the beneficiary has agreed to the offer.

Itineraries

An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable. The petitioner must establish that there are events or activities in the beneficiary’s field of extraordinary ability for the validity period requested, e.g. an itinerary for a tour or a series of events.