LPY Law Group

Many employment based immigration categories require a Labor Certification from the Department of Labor before a petition can be filed with USCIS. Schedule A occupations are pre-certified by the Department of Labor, therefore petitioner can skip the Labor Certification process and file petition with USCIS directly.

The recruitment standards and procedures for Optional Special Recruitment PERM is different from the regular PERM processing. Please click HERE for a Step by Step Optional Special Recruitment PERM Processing Flowchart.

Optional Special Recruitment PERM is specifically tailored for college or university teachers. To be eligible for Optional Special Recruitment PERM, the employment must meet the following requirements:

1. The position must be tenured or on tenure track;
2. The employer must have advertised the position in a professional print media;
3. The PERM application must be filed within 18 months after determination of the employment.

PERM application is a complicated process that involves both the U.S. employer and the alien beneficiary. Please click HERE for a Step by Step PERM Processing Flowchart.

In Eb-3 and Eb-2 (except for National Interest Waiver) immigrant petitions, before the U.S. employer can submit an immigration petition to the U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL. The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

A labor certification, or permanent labor certification, issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.

PERM stands for "Program Electronic Review Management". Starting from March 28, 2005, The computer-based PERM system along with a new set of procedures replaced the traditional paper-based review of labor certification application.

No, a labor certification is not required for Eb-1C petition.

The petitioner of EB-1C must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad.

EB-1C, also known as classification of multinational managers or executives, is given to executives and managers of foreign companies who are transferred to the U.S.

A multinational manager or executive is eligible for this category if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

The approval rate of Eb-1B cases handled by LPY Law Group is substantially higher than the national average. Our attorneys have helped many qualified foreign nationals obtain permanent residency through the classification of Outstanding Researcher/Professor. Click HERE for Recently Approved Eb-1B Cases.

The information provided in the initial evaluation may be different case by case because we do not use a broad brush template to answer every request. Each individual case is unique. Basically, however, our evaluation includes the following information: (1) whether your credentials meet the minimum Eb-1B requirements; (2) whether your case has a reasonable chance to be approved; (3) if, in our best judgment, you are not qualified for Eb-1B, what other options you have to obtain to green card.

Now you know the basics about Eb-1B from our website. If you are wondering whether your credentials qualify you to file an Eb-1B petition, or how good your chance is to be approved, e-mail your resume or curriculum vitae to zliu@niwus.com. Attorney Liu will personally review your credentials and get back to you with a written evaluation within two work days. The evaluation is free and you are under no obligation to retain us after the evaluation.

No, a labor certification is not required in Eb-1B petition.

All cases including Eb-1B cases are diligently handled by Attorney Z. Zac Liu. We strictly follow the deadlines set forth in our work procedures to process each individual case. For details about our work procedure for processing Eb-1B cases at L&A, please click HERE for a Step by Step Procedure Flowchart.

Petitioner should submit evidence establishing that the professor or researcher is recognized as outstanding in the academic field. Such evidence must include documentation of at least two of the following:

1. Receipt of major prizes or awards for outstanding achievement;
2. Membership in associations that require their members to demonstrate outstanding achievements;
3. Published material in professional publications written by others about the alien's work in the academic field;
4. Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
5. Original scientific or scholarly research contributions in the field;
6. Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

Yes, a private company can file an Eb-1B petition for a qualified alien worker. However, there are additional requirements a private company has to meet for filing Eb-1B petitions. If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three persons full-time in research activities and have achieved documented accomplishments in an academic field.

No. Eb-1B is a classification for researchers and professors only. To be eligible for this classification, your job duties must be primarily research.

Yes, unlike Eb-1A, Eb-1B requires that the alien has a permanent employment offer from a U.S. employer. Permanent job offer includes, but is not limited to, tenure or tenure-track positions. For positions other than tenure or tenure-track, the offer letter must be carefully drafted to meet the "permanent job" requirement. Click Here for a Sample Offer Letter for Eb-1B petition.

An Eb-1B outstanding professor or researcher must have at least three years' experience in teaching or research in that academic area and enter the U.S. in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education.

Eb-1B, also known as classification of outstanding professors and researchers, is given to professor and researchers recognized internationally for their outstanding academic achievements in a particular field.

All cases including Eb-1A cases are diligently handled by our experienced attorneys. We strictly follow the deadlines set forth in our work procedures to process each individual case. Details about our work procedure for processing Eb-1A cases can be provided after an evaluation.

The approval rate of Eb-1A cases handled by LPY Law Group is substantially higher than the national average. Our attorneys have helped numerous talented foreign nationals obtain permanent residency through the classification of Alien of Extraordinary Ability. Click HERE for Recently Approved Eb-1A Cases.

Yes. Both Eb-1A and NIW Eb-2 are Form I-140 petitions. The law does not prohibit multiple I-140 petitions for the same beneficiary. In fact, some clients file Eb-1A and NIW Eb-2 petitions at the same time to increase their chance of approval. This is perfectly fine under the U.S. immigration law.

In immigration petitions, just as in any area of law, an attorney’s experience and professional expertise can make a difference. The Eb-1A petition is a complicated legal process. Our work includes, but is not limited to, (1) counseling client at every point of the process; (2) assisting client collecting useful information and supporting documents; (3) drafting, reviewing and editing recommendation letters; (4) organizing the documents provided by client; (5) preparing the immigration forms; (6) drafting the petition letter; (7) preparing and filing the petition package; (8) tracing the progress of USCIS adjudication; (9) answering RFE (request for evidence) if one was issued; (10) advising client of compliance with the immigration issues and options while his/her NIW case is pending; and (11) contacting USCIS if necessary.

Now you know at least something about Eb-1A from our website. If you are wondering whether your credentials qualify you to file an Eb-1A petition, or how good your chance is to be approved, e-mail your resume or curriculum vitae to evaluation@niwus.com. One of our attorneys will personally review your credentials and get back to you with a written evaluation within two work days. The evaluation is free and you are under no obligation to retain us after the evaluation.

The information provided in the initial evaluation may be different case by case because we do not use a broad brush template to answer every request. Each individual case is unique. Basically, however, our evaluation includes the following information: (1) whether your credentials meet the minimum Eb-1A requirements; (2) whether your case has a reasonable chance to be approved; (3) if, in our best judgment, you are not qualified for Eb-1A, what other options you have to obtain to green card.

A: According to CIS regulations, if you receive a major internationally recognized award, such as a Nobel Prize, you will automatically qualify for an EB-1A visa. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since very few individuals receive this type of award, alternative evidence of EB-1A classification based on at least three of the types of evidence outlined below, is permitted:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
2. Membership in associations in the field which demand outstanding achievement of their members;
3. Published material about the alien in professional or major trade publications or other major media;
4. Evidence that the alien has judged the work of others, either individually or on a panel;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
6. Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
7. Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
8. Performance of a leading or critical role in distinguished organizations;
9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
10. Evidence of commercial successes in the performing arts;
11. Other comparable evidence.

Eb-1A is given to individuals with extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. Applicants must be one of the small percentage who have risen to the very top of the field of endeavor.

Eb-1A, also known as green card for “alien with extraordinary ability”, is employment based first priory immigrant visa.

The approval rate of NIW cases handled by LPY Law Group is close to 100%. Our attorneys have helped thousands of foreign nationals with advanced degrees obtain permanent residency through national interest waiver. Click HERE for Recently Approved NIW Cases.

All cases including NIW cases are diligently handled by our experienced attorneys. We strictly follow the deadlines set forth in our work procedures to process each individual case. Details about our work procedure for processing NIW cases can be provided after an evaluation.

In immigration petitions, just as in any areas of law, attorney’s experience and professional expertise can make a difference. NIW petition is a complicated legal process, our work includes, but is not limited to, (1) counseling client at every point of the process; (2) assisting client collecting useful information and supporting documents; (3) drafting, reviewing and editing recommendation letters, (4) organizing the documents provided by client; (5) preparing the immigration forms; (6) drafting the petition letter; (7) preparing and filing the petition package; (8) tracing the progress of USCIS adjudication; (9) answering RFE (request for evidence) if one was issued; (10) advising client of compliance with the immigration issues and options while his/her NIW case is pending; and (11) contacting USCIS if necessary.

The information provided in the initial evaluation may be different case by case because we do not use a broad brush template to answer every request. Each individual case is unique. But basically our evaluation includes the following information: (1) whether your credentials meet the minimum NIW requirements; (2) whether your case has a reasonable chance to be approved; (3) if, in our best judgment, you are not qualified for NIW, what other options you have to obtain to green card.

Now you know at least something about NIW from our website. If you are somehow wondering whether your credentials qualify you to file an NIW petition, or how good is your chance to get approved, email your resume or curriculum vitae to zliu@niwus.com. Attorney Liu will review your credentials and get back to you with a written evaluation within two work days. The evaluation is free and you are under no obligation to retain us after the evaluation.

No, this is not true. Although a majority of NIW petitioners are researchers in various fields of science, the law does not exclude individuals working in any specific field or profession. In practice, USCIS has granted national interest waiver to engineers, actors, musicians, painters, movie directors, writers, educators, entrepreneurs, and chefs, etc.

The legal standards for NIW adjudication were set by an AAU (The Administrative Appeals Unit) case law In re New York State Dept. of Transportation EAC 96 063 51031, (AAU, Aug. 7, 1998). This case set a three prong test: first, whether petitioner seeks employment in an area of substantial intrinsic merit; second, whether the proposed benefit of petitioner’s work is national in scope; and third, whether the national interest would be adversely affected if a labor certification were required. USCIS rarely denies an NIW case for failing to satisfy the first or second prong, but often raises questions based on the third prong.

It depends. An advanced degree or exceptional ability is only the statutory requirements for NIW eb-2 petition. In addition to meeting the statutory requirements, you also need to prove that granting you permanent residence is in the U.S. national interest.

Compared to regular Eb-2 petitions, NIW has two major advantages: first, a permanent job offer is not required; and second, a labor certification is not required. Accordingly, a qualified alien can file NIW petition on his/her own, and does not have to go through the dubious Labor Certification process.

NIW is available only to employment based second preference immigration petitions (Eb-2). This category requires that the alien beneficiary possess either an advanced degree (Masters Degree or above) OR exceptional ability. Therefore, you are statutorily eligible for NIW petition if you have at least a Master degree or you can establish exceptional ability with convincing evidence.

A majority of employment based immigrations are employer sponsored, which require, among other things, a permanent job offer from U.S. employer. One exception to this general rule is National Interest Waiver. To put it in a simple way, National Interest Waiver allows an alien to apply for green card without permanent job offer from U.S. employer by establishing that granting him/her permanent residence is in the U.S. national interest.

A: There are many things that should be considered before you hire a lawyer. Here are some factors that many clients feel are important:

a. Make sure what you hire is a licensed lawyer. A few states such as California allow non-lawyers to handle certain immigration matters. Some of these individuals advertise and present themselves as if they were lawyers while they are actually not. Before you hire a lawyer, it does not hurt to ask if he or she is a licensed lawyer.

A: No. A majority of our cases have been approved without receiving Request for Evidence. However, if RFE is issued, we usually do not charge extra legal fee for answering it.

A: A reasonable attorney's fee schedule is an important part of our commitment to serving talented individuals who deserve more than they have received due to their immigration status. We have been working hard to provide personalized legal service to our clients while keeping the attorney's fees reasonable. We know, however, our attorney's fee is not the lowest. The bottom line: we do not compromise the quality of our personalized service for unreasonably low fees. Doing this is against our professional ethics, and we do not believe that doing this is in the best interest of the qualified clients.

A: In legal profession, particularly in immigration law practice that involves many unpublished rules, regulations, and appeals decisions, a lawyer's real world experience makes a difference. As an immigrant, Attorney Z. Zac Liu, our founding attorney, went through every step of the immigration process. He understands how a green card matters to foreign individuals and their loved ones. As an experienced immigration lawyer, he has successfully represented numerous qualified individuals in their immigration petitions/applications. Driven by his experience as an immigrant, and equipped with his experience as an immigration lawyer, he has the enthusiasm, diligence, experience, and capability to pursue the best interest of each qualified client.

A: At L&A, typical services in processing immigration case include answering clients’ inquiries, clarifying client's concerns, advising clients of their legal options and best approaches, drafting legal documents, preparing petition/application packages, contacting government agencies, and appealing to administrative boards and judiciary courts if necessary.

A: At LPY Law Group, you know from the very beginning of the process that an experienced attorney will personally handle your case and that you can talk to him or her when you have a question or concern by dialing the office toll free number (1.800.878.1807) or by sending an e-mail. Paralegals and legal assistants are assigned to handle clerical work only and are not allowed to discuss legal issues with clients.