Recent trends indicate a substantial increase in the denial rate of immigration petitions by USCIS. When USCIS has denied an application or petition, post-decision options include refile, appeal to the Administrative Appeals Offices within USCIS, or file a lawsuit against the agency. Generally, the AAO option is rarely successful when pursued. Many USCIS RFEs and...
Many people believe that the EB-1 Visa is reserved for academics and artists only. While top professors and researchers can utilize this pathway into the United States, the process has been much more broadly defined by the U.S. Citizenship and Immigration Services U.S. Department of Homeland Security.
A National Interest Waiver (NIW) petition falls into the employment-based immigration, second preference (EB2) category (As known as EB2 NIW). Normally, a permanent job offer and an approved labor certification are pre-requisites to file an employment-based, second preference immigration petition. However, a National Interest Waiver (NIW) petition requests that the labor certification requirement be waived for the sake of the “national interest of the United States;” thus, allowing an applicant to apply for an NIW immigration petition without a labor certification or a job offer from a U.S. employer.
The United States is open arms to business owners and entrepreneurs. In 1992, Congress passed the EB-5 program to promote foreign investment into the U.S. economy to promote job creation. This employment-based program is limited to only 10,000 visas and 3,000 are set aside for Regional Centers.