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5718 Westheimer Road |
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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:
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 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-1A cases at LPY Law Group, please click HERE for a Step by Step Procedure Flowchart.
The approval rate of Eb-1A cases handled by Attorney Z. Zac Liu is substantially higher than the national average. He has helped numerous talented foreign nationals obtain permanent residency through the classification of Alien of Extraordinary Ability. Click HERE for his 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 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.
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:
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 Attorney Z. Zac Liu is close to 100%. He has helped hundreds of foreign nationals with advanced degrees obtain permanent residency through national interest waiver. Click HERE for his Recently Approved NIW Cases.
All cases including NIW 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 NIW cases at L&A, please click HERE for a Step by Step Procedure Flowchart.
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.
"I started my life with a single absolute: that the world was mine to shape in the image of my highest values and never to be given up to a lesser standard, no matter how long or how hard the struggle." – Ayn Rand
As the holiday season approaches, our firm wishes to extend our deepest appreciation to you for not only choosing our services but for contributing so greatly to your fields as well, despite the struggles you have faced both in your professional endeavors and your legal experiences with the USCIS. With every case we take, we are surprised and delighted by the efforts you have made to improve the state of the world—be it through medicine, computer science, renewable energy, or other valuable pursuits—by committing to your highest values and never giving up in the face of adversity. You have been shaping and are continuing to shape this world, and we feel privileged to address the legal obstacles that have stood in your way.
In early May 2012, USCIS made an unannounced change to its electronic filing (e-filing) system. For many years, e-filed I-140 petitions were processed exclusively by the Texas Service Center (TSC). However, after the change, the USCIS began to route e-filed I-140 petitions to the USCIS service centers based on jurisdiction. Therefore, I-140 petitions are now being sent to the Nebraska Service Center (NSC) if the petitioner is located in states/territories that fall within the NSC jurisdiction.
This change only affects I-140 cases where petitioners are within the NSC jurisdiction. NSC currently has I-140 jurisdiction over the following states and territories: Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming.
Recently, the United States Citizenship and Immigration Services (USCIS) announced an enhanced effort to increase the number of foreign entrepreneurs in the United States in order to boost the economy and aid in alleviating the staggering unemployment rates. In this announcement, USCIS verified that the National Interest Waiver (NIW) program under the employment-based second preference (EB-2) category is available for such entrepreneurs.
The USCIS provides several avenues for foreign entrepreneurs to gain permanent resident status in the United States. One of these methods is as the beneficiary of the Employment-Based Second Preference (EB-2) category. According to section 203(b)(2) of the Immigration and Naturalization Act (INA), such a beneficiary must hold an advanced degree or have exceptional abilities and have a permanent job offer from a valid U.S. employer. It also requires that the employer file a labor certification application to demonstrate the existence of a shortage in qualified U.S. workers.
On July 12 and 13, attorneys from our firm attended a "Business Representatives Conference" with U.S. Citizenship and Immigration Services ("USCIS") officials at the Texas Service Center ("TSC") and toured the Dallas Lockbox Facility. The conference allowed our attorneys to discuss a range of issues related to employment-based I-140 petitions and I-485 applications with representatives from USCIS Service Center Operations ("SCOPS"), Nebraska Service Center ("NSC") and TSC.
We provide a brief summary of new information provided by USCIS officials at the meeting:
On October 20, 2010, the Administrative Appeals Office (AAO) designated two decisions as precedent. This marked the first time in more than a decade that the AAO has issued a precedent decision. Matter of New York State Dept. of Transportation, 22 I&N Dec. 215 (Acting Assoc. Comm., Aug. 7, 1998) delineating the three-prong criteria for National Interest Waiver was the last precedent decision issued. These new precedent decisions follow U.S. Citizenship and Immigration Services Director Alejandro Mayorkas's goal expressed earlier this year to have the agency issue more precedent decisions as part of "USCIS's commitment to the clear and consistent application of immigration law."
Because the majority of the United States follow the common law, precedent decisions are extremely valuable in the legal community because they clarify statutory and regulatory laws and provide guidance to both the government and legal practitioners, allowing for greater predictability in the outcome of cases. Unless the decisions are reversed by a higher court, precedent decisions have the same force of law as codified statutes and regulations, and their holdings and legal reasoning are binding. This means that precedent decisions establish a rule that must be followed when deciding future cases, and legal practitioners can rely on and cite to the decision in the same manner that they would rely on and cite to a statute or regulation.
On August 24, 2010, the Administrative Appeals Office (AAO) sustained an appeal filed by LPY Law Group and approved the EB-1A I-140 petition that was originally denied by the USCIS Texas Service Center. Notably, this is the first sustained appeal that we are aware of where the AAO applied the two-step Kazarian analysis in making its decisions. We will address this in more detail below.
As background, the EB-1A I-140 petition was originally filed with USCIS in August 2009. The petitioner/beneficiary was a pharmacology researcher seeking classification of immigrant worker as an alien of extraordinary ability under INA §203(b)(1)(A). To support the petition, the petitioner/beneficiary submitted documentary evidence demonstrating that he met at least three criteria as required by 8 C.F.R. § 204.5(h)(3). The EB-1A I-140 petition was filed with Form I-907 Request for Premium Processing Service. The USCIS Texas Service Center Premium Processing Unit issued a Request for Evidence within 15 days of the filing, seeking additional information about all three criteria and referenced information not claimed nor mentioned in the original petition. It was clear that the USCIS had issued a boilerplate RFE and did not closely review the evidence submitted. (From our experience, such RFEs have been the trend for Premium Processing EB-1As). A timely response was submitted with additional evidence to support all three criteria: 1) participation as a judge of the work of others; 2) original contributions of major significance; and 3) authorship of scholarly publications.
