The Quality of the Evidence Considered by USCIS for EB1-EA and EB1-OR Application

The Quality of the Evidence Considered by USCIS for EB1-EA and EB1-OR Application (美国移民局对EB1绿卡申请证据质量的要求) Question: As a newly hired Research Scientist, I am very interested to read the articles in your excellent web site about EB1-OR and EB1-EA applications, and the two-step analysis process used by USCIS adjudicators. To prepare the petition documents of my own, what is the quality of the evidence considered by USCIS? Answer: Petitioners of EB1, like petitioners in other immigrant categories, need to submit a petition letter and related evidence to support the claims in the petition letter to the USCIS. There is no specific format required. However, petitioners are suggested to follow attentively the requirements specified in law and the USCIS rules. An USCIS adjudicator for EB1-Extraordinary Ability case has to determine, in totality, whether the applicant is at the very top of his/her field of endeavor. In making this determination, the quality of the evidence is considered very important. For example, if one of the evidence submitted is judging others' work, an internal judging responsibility is less important than an external judging responsibility. If the evidence is scholarly articles, the number of citations of the material is an appropriate consideration in the final merits determination. The two-step analysis does not substantially deviate from the standard USCIS used to determine the merits of a petition. The quality of the evidence submitted is still essential for an adjudicator to decide on an application. http://www.greencardapply.com/question/question12/question12_1116.htm http://www.greencardapply.com http://www.greencardfamily.com

The Analysis of USCIS Request for Evidence and Notice of Intent to Deny Letters

分析美国移民局对绿卡申请证据的要求和拒绝意向通知信函 The Analysis of USCIS Request for Evidence and Notice of Intent to Deny Letters The processing of most immigration petitions is divided into three main areas. There is the initial acceptance, prima facie review, and the final processing. In this article I will briefly discuss these three main areas for processing and provide some tips on how best to respond to Immigration. The United States Citizenship and Immigration Services, (USCIS) usually sends an applicant a fee receipt after the receipt of an application and the appropriate fees. There have been rare cases when USCIS has failed to send out a fee receipt. Once USCIS receives an application this is the receipt process. It is important to know that at this point the USCIS has made no determination on the merits of an applicant’s application. http://www.greencardapply.com/news/news12/news12_1108.htm It is a common misconception that if USCIS accepts an application that the application will be approved. At the initial stage all applications are sent in bulk to the service center. The service center’s job is simply to verify that the applicant’s application is timely and that the requisite supporting documents and fees are included. This is the initial acceptance stage. At this stage it is very rare that an applicant’s application will be reviewed in detail to determine if the application will be approved or denied. The second stage is the prima facie review. Prima facie is Latin for “at first view.” It is used in modern legal English to signify that on first examination, a matter appears to be self-evident from the facts. At this stage USCIS’ personnel will review the application to ensure that the applicant has filed the correct application that is in keeping with the applicant’s goal. In addition, USCIS’ personnel will review the application to ensure that the applicant has met the basic requirements to establish eligibility to file the application. If the applicant has filed the incorrect application then USCIS will send a denial letter or a rejection notice. The third stage is the final processing stage. At this time the applicant’s file has been assigned to an adjudicating officer to review or an appointment has been scheduled to interview the applicant. It is usually at this stage that an applicant will receive USCIS’ request for evidence or a Notice of Intent to Deny letter. In either case an applicant must exercise caution in replying to USCIS’ request. At this stage the applicant has demonstrated prima facie eligibility but the USCIS’ officer is in need of additional documentation in order to make a final decision on the applicant’s application. In situations where additional documentation is needed, USCIS will issue a Request for Evidence to the Applicant. The Request for Evidence is usually very specific in its request and it is time sensitive. USCIS will usually impose a 30 day, 60 day or 87 day deadline depending on the applicant’s specific case. All responses to USCIS’ Request for Evidence should be detailed, timely and address all of USCIS’ requests as indicated in USCIS’ letter. USCIS must receive all responses on or before the imposed deadline. Consequently, depending on the deadline, an applicant may need to send his or her response to USCIS via express mail, certified mail with return receipt or courier delivery. Under no circumstances should an applicant send his/her request to USCIS via first class mail. If USCIS receives an applicant’s response after the deadline this is grounds for a denial. Likewise if USCIS receives an incomplete response this is also grounds for a denial. In the final stage of processing, USCIS may also send the applicant a Notice of Intent to Dent letter. At this stage USCIS has reviewed the applicant’s application and has made a determination that the applicant’s case will be denied unless the applicant can come forward with clear and convincing evidence that the applicant is actually eligible to receive an approval. In situation where USCIS has issued this letter it is simply not enough to provide USCIS with additional documents. At this juncture, in addition to providing additional documentation to USCIS, the applicant must provide documentation to overcome USCIS’ presumption that his/her case must be denied. In both instances with USCIS’ Request for Evidence and USCIS’ Notice of Intent to Deny, it is important to provide a timely and thorough response that addresses all the issues raised by USCIS. Finally, it is important to retain a complete copy of all documentation that is sent and received by USCIS. In cases where the facts are complicated and/or an applicant is not able to provide the requisite documents it is best to seek legal counsel. http://www.greencardapply.com/news/news12/news12_1116.htm http://www.greencardapply.com http://www.greencardfamily.com

The Family-Sponsored Immigration

家庭赞助的美国移民: 家庭关系和家庭成员 The Family-Sponsored Immigration Family-sponsored immigration is to become a U.S. permanent resident through certain family relations. Normally, a U.S. citizen or legal permanent resident would file an immigration petition with the United States Citizenship and Immigrations Services (USCIS). The U.S. citizen or legal permanent resident is called the sponsor. The alien relative for whom the immigration petition is filed is called the beneficiary. A U.S. citizen or legal permanent resident can be the sponsor of a family-sponsored immigration petition. However, the sponsor has to meet certain requirements and legal obligations. The sponsor has to submit a legally binding affidavit of support for the beneficiary to USCIS, in which the sponsor guarantees to maintain the standard of living of the intending immigrant at a level not lower than 125% of the national poverty level. This obligation continues until the beneficiary has become a U.S. citizen, or has worked in the United States for 40 qualifying quarters. http://www.greencardfamily.com/citizenspouse/ctspouse_whatis.htm Spouses of U.S. citizens are eligible for permanent resident status as "immediate relatives". The process of completing and submitting an immigrant visa application for relatives can be confusing. As a U.S. citizen, you can submit an immigrant application if you have a close family relation, and you can sponsor the following family members: Husband or wife; Widow or widower of a U.S. citizen; Brother or sister (including half-brothers and half-sisters); Son or daughter (including illegitimate children); Stepson or stepdaughter; Stepparent of a U.S. citizen child; Adopted son or daughter; Adopted parent; Father or mother; Battered or abused spouse or child. http://www.greencardapply.com http://www.greencardfamily.com

Three Ideal Options for a Green Card Application

美国绿卡申请的三个理想选择 Three Ideal Options for a Green Card Application Aliens of Extraordinary Ability may be eligible for a First Employment-Based Preference (EB1-EA or EB1A). A Green Card applicant with extraordinary ability in the arts, sciences, education, business or athletics is eligible for treatment as a priority worker in the EB1 immigration category. For alien applicants with an advanced degree - masters or above, there are three ideal options to apply for a U.S. Green Card. These options are in different immigration classifications in Employment-Based (EB) immigration, which include: EB-1A: Aliens with Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics (or EB1-EA); EB-1B: Outstanding Researchers and Outstanding Professors (or EB1-OR); EB-2 NIW: Members of Professions Holding Advanced Degrees Applying for a Waiver of Labor Certification in National Interest (or NIW). Some people with advanced degree do not know how to apply for Green Card in above three preferred categories, but instead, these people apply for a Labor Certification. However, choosing Labor Certification is not the best strategy and quicker way for people who may qualify for one of the above three ideal immigration classifications. http://www.greencardapply.com/ea/ea_whatis.htm An alien should determine the most appropriate type and fast route to obtain a U.S. Green Card. By using the Form I-140 of USCIS (United States Citizenship and Immigration Services), each type of above EB Form I-140 petition requires different kind of evidence. Some aliens may qualify for more than one immigrant categories of EB1 or NIW. http://www.greencardapply.com http://www.greencardfamily.com

What Is a USCIS Request for Evidence

Whether you’re applying for a visa, a green card, asylum or an extension of stay, you may receive a Request for Evidence from US Citizenship and Immigration Services at some point during the application process. Hundreds of thousands of petitions are filed with USCIS every year, and receiving a Request for Evidence is common — just make sure you respond to it within the designated period of time. Nearly every USCIS application requires some kind of documentation — from personal documents and translations to photographs, bills and correspondence. This evidence is used to determine important factors in your immigration case, such as whether your marriage is real or fraudulent or whether you have enough money to support yourself and your family. If you do not send enough evidence, or if the documentation is incomplete or incorrect, you may receive a Request for Evidence from USCIS. Many people become concerned after receiving a Request for Evidence, but an RFE is not the same thing as a Notice of Intent to Deny from USCIS. A Request for Evidence simply means that you will need to submit additional paperwork, documents or translations. On the other hand, a Notice of Intent to Deny could mean that sufficient evidence was provided, but it may not be able to establish eligibility for the petition being sought. USCIS will almost always specify on the Request for Evidence form the additional documents that they would like to see to continue processing your application. If you are not in possession of all of the evidence USCIS is requesting, make sure to include as many other types of evidence as possible that would establish the eligibility of your case. Photocopies of personal documents, photographs and bills are acceptable. Clip together the evidence with the original Request for Evidence form and mail it to the address listed on the form. You can include a cover letter that lists your additional evidence, but make sure the Request for Evidence is the top sheet in your envelope. If you have documents or correspondence in another language that can be used to support your case, have them translated by a professional translator. USCIS has been known to send Requests for Evidence to those who chose to translate their documents themselves instead of obtaining a certified, notarized translation. The most important thing to do if you receive a Request for Evidence from USCIS is to respond within the given time frame. USCIS typically asks for a response within 30 days. Applicants who are not in the United States may be given 42 to 84 days to respond. Not replying on time may result in the denial of your application. Responding to a Request for Evidence from USCIS should be any US immigrant’s top priority. http://www.greencardfamily.com/news/news2012/news2012_1009.htm

The Immigration Related Programs Extension Alerts By USCIS

U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015: E-Verify: E-Verify, an Internet-based system operated by USCIS in partnership with the Social Security Administration (SSA), allows participating employers to electronically verify the employment eligibility of their newly hired employees. More than 402,000 participating employers at nearly 1.2 million worksites nationwide currently use the program. Since Oct. 1, 2011, more than 20 million employment verification queries have been run through the system and approximately 98.3 percent of all queries are now automatically confirmed without any need for employee action. Immigrant Investor (EB-5) Pilot Program: Under the Immigrant Investor Pilot Program, USCIS will continue to receive, process, and adjudicate all Regional Center Proposals, Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analysis. Currently, there are more than 70 regional centers throughout the United States. Religious Worker Visa: The special immigrant visa category for non-minister religious workers covers individuals within a religious vocation or occupation and also applies to accompanying or “following-to-join” spouses and children of these religious workers. USCIS will continue to receive and process Forms 1-360, Petition for Amerasian, Widow(er), or Special Immigrant, Forms I-485, Application to Register Permanent Residence or Adjust Status, and Forms I-824, Application for Action on an Approved Application or Petition, that relate to religious workers and their families covered by Public Law 112-176. Conrad 30: USCIS will continue to adjudicate immigration benefits covered by the Conrad 30 program. The Conrad 30 program allows each state health department to submit a request directly to the Department of State to initiate the waiver process for a foreign medical graduate who obtained J-1 status to change to another status without the required two-year foreign residence. The law previously required the foreign medical graduate to have acquired J-1 status before Sept. 30, 2012; the law now extends the program to cover J-1 admissions before Sept. 30, 2015. http://www.greencardfamily.com/news/news2012/news2012_1109.htm http://www.greencardapply.com http://www.greencardfamily.com

The Election Results and Direction of Immigration Reform

Next Congress and the White House will practically see no changes: The second term President Obama in the White House, the Democratic majority Senate in the upper chamber of the federal legislature, and the Republican majority House in the lower chamber of the legislature. http://www.greencardapply.com/news/news12/news12_1109.htm Unlike the first term, however, the President is likely to push very aggressively comprehensive immigration reform for two reasons: Firstly, this is a sort of mandate imposed on him in this election. Secondly, he will have nothing to lose from being aggressive because this is the last term he can run for the White House. What does this mean to the direction of immigration reform? Piecemeal immigration reforms, particularly employment-based immigration reform, are likely to face a steep uphill battle. Why? For the comprehensive immigration reform forces, piecemeal immigration reform legislation will weaken the chances for comprehensive immigration reform legislation. The results of this election have reinforced such dynamics. Advocates of employment-based piecemeal immigration reform should come to grips with the political reality and learn to work within the dynamics by realizing importance of negotiation and compromise rather than antagonizing other forces. http://www.greencardapply.com http://www.greencardfamily.com

President Obama Expects Immigration Reform 'Very Soon' After Inauguration

WASHINGTON — Presid

ent Obama expects to see a comprehensive immigration reform bill introduced in Congress “very soon” after his inauguration in late January, he said during a news conference Wednesday. “I am very confident we can get immigration reform done,” Obama said. Obama said that White House staff has already begun conversations with members of the Senate and the House on how to line up the votes to get an immigration bill to his desk for signing. “We need to seize the moment,” said Obama, adding that he is “already seeing signs” that some Republicans are willing to discuss the immigration issue. In the days after Obama was reelected with over 70% of the Latino vote, some top Republicans -- including House Speaker John A. Boehner (R-Ohio) and Sen. John McCain (R-Ariz.) -- signaled that they are open to drafting a comprehensive package of new immigration laws. Obama outlined what he would like to see included in an immigration reform package but did not answer a question about whether he would send a draft of the legislation to Congress to consider. Mitt Romney criticized Obama during the campaign for not sending an immigration reform bill to Congress during his first term despite a long-standing promise to make the issue a priority. Any package would have to continue strong border security measures, enact serious penalties for companies purposely hiring undocumented workers as well as create a pathway to legal status for those living in this country, he said. An avenue for legal status would have to require applicants to learn English and pay back taxes and a fine, he said. A bill would also have to protect young immigrations who were brought to the country illegally by their parents, Obama said. “Young people who came here through no fault of their own, they should not be under the cloud of deportation,” he said. The Obama administration launched a program in August that has awarded work permits to more than 20,000 young immigrants who came to the country as children. The initiative, called the Deferred Action for Childhood Arrivals program, is widely cited as an important motivating factor for convincing record numbers of Latino voters to come out in favor of Obama in election day. Obama said he was pleased to see voter turnout go up among Latinos in the presidential election. More political engagement from Hispanic voters is “good for the country,” Obama said. http://www.greencardapply.com/news/news12/news12_1117.htm