Updates & Insights

While there is no doubt extraordinary and outstanding immigrants would benefit the U.S., USCIS's strict policies limit the ability for these individuals to obtain visas. The current attitude towards these immigrants can be attributed to the aftermath of Kazarian v. USCIS, a controversial case that turned the extraordinary-ability law on its head.

As an immigration practitioner, it can be frustrating to receive a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) in the mail, especially when its reasoning is inconsistent with USCIS's standards. This article covers how to best respond to an RFE or NOID, specifically focusing on O-1s, EB-1s, and National Interest Waivers (NIWs) to ensure the best results for your clients.

While Schedule A, Group II is a confusing immigrant visa classification, it provides itself as an option to avoid the labor certification process and should be considered when evaluating immigrant visa strategies. This article gives a nuanced look into Schedule A, Group II while sharing its qualification standards and strategy considerations

On December 27, 2016, in Matter of Dhanasar, the USCIS Administrative Appeals Office (AAO) announced a new framework for determining NIW eligibility for EB-2 applicants. This article gives an overview of how practitioners can navigate the new standards and the impact Dhanasar has had on the immigration process.

This article presents frequently asked questions about representing international physicians in immigration matters. These are the fundamentals to know before advising an international medical graduate, which should form a solid foundation for a more nuanced practice in this field.

When providing comparable evidence to prove extraordinary ability to meet immigrant and nonimmigrant visa standards, regulations are unclear and convoluted about what comparable evidence is acceptable. This article aims to demystify the regulations regarding comparable evidence while providing strategies to practitioners on how to tackle them.

O-1 petitions for individuals of extraordinary ability require the submission of a written advisory opinion from an appropriate consulting entity. This article focuses on how to obtain consultations from the most commonly utilized labor and management groups in the arts and entertainment industries.

As an influx of IMGs enter the US to participate in graduate medical education, many GME programs have opted to sponsor IMG trainees for H-1Bs. However, H-1B visas have additional requirements and "obstacles" IMGs must face in their pursuit for medical education.

The extraordinary ability classification has the capability of bringing the best and brightest scientists to make the U.S. more competitive in various scientific fields with other countries. However, the application of these legal standards has resulted in talented individuals having their petitions denied or delayed, encouraging a greater need for immigration reform.

USCIS recently instituted a practice of posting its guidance and request for evidence (RFE) templates and allowing stakeholder comments, taking an important step toward the goal of transparency, uniformity and consistency in the development of policy and guidance. This article primarily focuses on the E-1-1 RFE template and how to best respond to E-1-1 RFEs.

While USCIS claims its standards are unchanged, immigration practitioners have cited an increase of Requests for Evidence (RFEs) and denials on EB-1 petitions due to unreasonable additional requirements set by USCIS. While part of this problem was resolved in the case of Kazarian v. USCIS, how much of the EB-1 process has changed?

The Conrad State 30 program has become an irreplaceable strategy to allow IMGs to qualify for waivers of the two-year foreign residence requirement while helping critical and underserved areas. This article provides an overview of Conrad waivers and describes the bare-bones process of preparing a Conrad waiver application.

An overview of the two HHS programs currently in place and the intimidating process of obtaining a HHS waiver while providing guidelines that best serve IMGs and scientists.

The increased strictness of USCIS has made the process of helping aliens of extraordinary ability enter the U.S. discouraging. This article presents basic strategies to navigate these regulations and better position extraordinary ability cases for approval.

This article clears up common myths about the extraordinary ability visa process perpetuated by USCIS's preconceived notions based on misinterpretations of the law.

This article addresses complications pertaining to professors and researchers under the first preference category. The article tackles issues related to immigrant visas most utilized by these academics, common RFEs received and how to address them, and recent decisions from the AOO on relevent cases.

An overview of how to obtain and qualify for an O or P visa as an artist, athlete, or entertainer.