As long-time MurthyDotCom and MurthyBulletin readers are aware, approvals in the EB1, extraordinary ability (EA), category are difficult to obtain. The legal standard requires showing that the foreign national has reached the very top of his/her field. This case illustrates some of the additional challenges...
At the Murthy Law Firm, we receive many inquiries from individuals who wish to file cases in the EB1, Extraordinary Ability (EA), category. EA approval has always been difficult to obtain and current adjudication trends have made this increasingly so. An applicant must establish being...
The New York State Attorney General's Office announced the shutting down of three New York businesses that had been providing fraudulent immigration legal services. Details can be found in an August 20, 2009 press release. This is reported to MurthyDotCom and MurthyBulletin readers to raise...
MurthyDotCom and MurthyBulletin readers were provided with information on the National Interest Waiver (NIW) option for international medical graduates (IMGs) in our August 29, 2008 article, NIW for Physicians Completing J-1 Waiver Service. In contrast, the labor certification-based permanent residence (green card) option for IMGs...
The Administrative Appeals Office (AAO) released a decision upholding the denial of an EB1 (extraordinary ability) petition in which the employer failed to demonstrate that the sponsored foreign national had extraordinary ability in a particular field. (Please note that the extraordinary ability petition is exempt...
Information on the topic of immigrant petitions in the employment-based first preference (EB1) and the National Interest Waiver (NIW), employment-based second preference (EB2), categories has been provided for MurthyDotCom and MurthyBulletin readers in a series of articles and Frequently Asked Questions (FAQs). A number of...
The Administrative Appeals Office (AAO), in a non-precedent case, upheld the denial of an I-140 petition for the multinational executive / manager of a restaurant, noting that a recitation of the beneficiary's vague and broadly-cast job responsibilities was insufficient to establish that she would be...
[See also, Part 1 of this NewsBrief.]As promised in our April 13, 2007 article, National Interest Waivers (Part 1 of 2), this week we share with readers some National Interest Waiver (NIW) case success stories from the Murthy Law Firm. These examples, approved over the...
[See also, Part 2 of this NewsBrief.]The NIW category falls within the employment-based, second preference category (EB2). In contrast to regular EB2 petitions, however, NIW cases are exempt from the labor certification and job offer requirement. This means that a person who does not have...
As a result of some recent litigation, the physician-specific National Interest Waiver (NIW) is now available to physicians in all specialties. This change, which was implemented nationwide in a memo dated January 23, 2007, is effective immediately. Background Prior to the litigation and the implementing memo, the...
