New York City Immigration Lawyer. NYC immigration lawyer assisting with K-1 fiancee visas, EB 1-A Extraordinary Abilities Visa, EB 1-2 Outstanding Researchers and Professors Visa, and all other visas, green cards, naturalization and citizenship. Gafner Law Firm is a full service NYC immigration law firm serving clients in Manhattan, Staten Island, Brookyln, the Bronx, Queens, Nassau County, Suffolk County, Westchester County, Yonkers, Astoria, Greenpoint, Murray Hill, Bushwick, Park Slope, Bay Ridge, Brighton Beach, Brownsville, Corona, Harlem, SoHo, Tribeca, Longwood, Hunts Point, Flatbush, Brooklyn Heights, Wall Street, Jersey City and from throughout the world. » EB 1-1

USCIS Seeks Input on Proposed EB 1-1 Visa and EB 1-2 Visa Criteria

Chris Gafner — Tue, 24 Aug 2010 11:37:16 +0000

Last week, the USCIS issued a proposed memorandum for revising its criteria for adjudicating the EB 1-1 and EB 1-2 Visas. The USCIS is seeking shareholders to comment on its memorandum before it either makes it official or withdrawals it.

The EB 1-1 and EB 1-2 Visas are used to attract the best and brightest immigrants to the United States. The EB 1-1 visa is for individuals with extraordinary abilities. The EB 1-2 visa is for outstanding researchers and professors.

The revised memorandum was issued following the 9th Circuits rebuke of the USCIS’s current policy for adjudicating these visas. The 9th Circuit called the USCIS’s criteria “novel” and not inline with the EB 1-1 and EB 1-2 regulations.

Comments must be received by September 3, 2010.

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A Cautionary Tale of the Extraordinary EB-1 Visa

Chris Gafner — Wed, 24 Mar 2010 14:56:04 +0000

Recently, the Columbus Dispatch ran a story about a former Soviet Gymnast who had won Olympic Gold in the 1980s, but was denied an EB 1-1 extraordinary abilities visa. The story is an all to common problem that many EB 1-1 visa applicants face. The EB 1-1 visa is available to applicants who are currently individuals who have extraordinary abilities in their given field of expertise. Unfortunately for the former gymnast, she has not completed since the early 1990s and therefore cannot be seen as a gymnast with extraordinary abilities. Now the former gymnast faces an uncertain future, even though, as she says, she and her family is American in all sense of the meaning – except legally.

If you have questions about whether you qualify for the EB1-1 visa, please contact Gafner Law Firm.

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9th Circuit Rebuffs USCIS Adjudication of EB-1 Extraordinary Abilities Petitions

Chris Gafner — Wed, 10 Mar 2010 11:40:39 +0000

Last week, the 9th Circuit came down with a ruling that should have a great impact on how the USCIS adjudicates EB-1-1 Extraordinary Abilities petitions. The EB 1-1 (also known as EB 1-a) is used by highly successful foreign nationals to gain lawful permanent residency in the United States. The EB 1-1 visa requires an applicant to demonstrate that they have meet three of the requirements set out in the regulations.

Increasingly, however, the USCIS service centers have been adding additional requirements to EB 1-1 applicants. The added requirements have had no foundation in the law and have hindered well credentialed foreign nationals from obtaining permanent residency. The 9th Circuit’s decision rebuffs the added requirements and clearly stated that the USCIS can only decide EB 1-1 decisions based upon the requirements stated in the regulations.

With the 9th Circuit’s decision, the process for obtaining EB 1-1 immigrant visas should be less difficult and certainly more transparent.

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