Page not found – U.S. Immigration Attorneys with a Global Reputation https://www.casseuslaw.com Dedicated to providing high quality representation for all of our clients Fri, 19 Jan 2024 18:57:07 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.25 The 2-Step Path to Permanent Residence https://www.casseuslaw.com/the-2-step-path-to-permanent-residence/ Tue, 17 Oct 2023 20:31:41 +0000 https://www.casseuslaw.com/?p=32477

The 2-Step Path to Permanent Residence

The National Interest Waiver (NIW) and the green card application process can indeed be seen as a two-step process. Here’s a very brief description of each step:

Step 1: National Interest Waiver (NIW)

The NIW is a specific type of employment-based immigration petition that allows individuals with exceptional abilities or expertise to seek a waiver of the labor certification process by meeting the three pronged Dhansar test.

Eligibility Assessment: Casseus Law determines if you are qualified for the NIW. Please click this link for your free credential evaluation.

Evidence Gathering: Collect evidence that demonstrates your exceptional abilities and how your work is in the national interest of the United States. This evidence may include academic achievements, professional experience, publications, awards, patents, conference presentations, and letters of recommendation, etc.

Form I-140 Petition: Prepare and file Form I-140, Immigrant Petition for Alien Worker, along with all the required supporting documentation. In this petition, you’ll request the NIW and provide substantial evidence to support your case.

USCIS Review: USCIS will review your NIW petition and assess the evidence provided to determine if you meet the criteria for the waiver. If approved, your petition establishes eligibility for an employment-based green card.

Step 2: Employment-Based Green Card Application

If you are in the US, and a green card is available to you based on your priority date, you can actually file your I-140 and your green card together without the need for waiting for your NIW to be approved.

Adjustment of Status or Consular Processing: Depending on your circumstances, you can either file for Adjustment of Status (Form I-485) if you are already in the U.S. or go through Consular Processing if you are outside the U.S.

Adjustment of Status (I-485): If you’re in the U.S., file Form I-485 with USCIS. This form is your application for a green card. You may be required to attend an interview and provide additional documentation. It is during the adjustment of status stage that you can apply for work and travel authorization.

As part of the adjustment of status process, you can also apply for work and travel authorization by submitting Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, respectively. This allows you to legally work and travel while your green card application is being processed.

Consular Processing: If you’re outside the U.S., you will follow the instructions provided by the U.S. Department of State to complete the consular processing for your green card.

Visa Bulletin and Priority Date: Our office checks the Visa Bulletin regularly to determine when an immigrant visa number becomes available for your category and country of chargeability. You establish a “priority date” based on a previous I-140 approval or the date that USCIS assigns to your pending I-140 filing.

If your priority date is not current, you will not be able to adjust status or consular process.

Green Card Approval: Attend an interview (if required), and upon approval, you will receive your green card, granting you permanent residency in the United States.

Remember that this process can be complex, and it’s highly advisable to consult with an immigration attorney or legal professional to ensure that all requirements are met and to increase your chances of a successful NIW and green card application.

WANT TO FIND OUT IF CASSEUS LAW CAN HELP YOU GET A GREEN CARD?
USE OUR FREE CASSEUS LAW GREEN CARD EVALUATION FORM:

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Casseus Law is Happy to Announce that we Received a National Interest Waiver (NIW) Approval in 1 Day https://www.casseuslaw.com/casseus-law-is-happy-to-announce-that-we-received-a-national-interest-waiver-niw-approval-in-1-day/ Mon, 27 Mar 2023 20:40:45 +0000 https://www.casseuslaw.com/?p=30576

Casseus Law is Happy to Announce that we Received a National Interest Waiver (NIW) Approval in 1 Day!

Happy Monday, and I hope that wherever you are that you are getting a chance to enjoy some time outdoors. I don’t know about you, but I have a special fondness for March in New England, because it provides us with the beauty of winter snow, and with the anticipation of a sunny spring, longer days, and the gorgeous scents of lilacs, and blooming trees, and flowers.

As always, I am happy to share some good news with all of you. Premium Processing for NIW cases are now running smoothly. USCIS was off to a rocky start with delayed receipt notices, improperly rejected cases, and lost premium processing forms. It appears that USCIS has now figured out their process, and cases are now being accepted, and reviewed at the Texas Service Center with no issues.

This month in March we obtained a one day National Interest Waiver approval for a life sciences researcher and clinical trials coordinator. This client had 10 publications and 9 citations at the time of filing the case. We were proud to highlight the national importance of cancer clinical trials, and our client’s critical work. We had another NIW case that was approved without premium processing in 70 days. This client is a medical imaging expert. We were able to win the approval with the clear argument that our client is an expert in using novel imaging to identify strokes and cancers in patients. Congratulations to all the approved cases. We look forward to helping more clients win their case approvals.

Cheers,
Rachel

WANT TO FIND OUT IF CASSEUS LAW CAN HELP YOU GET A GREEN CARD?
USE OUR FREE CASSEUS LAW GREEN CARD EVALUATION FORM:

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Record Approvals: National Interest Waiver Cases and Work Authorization Cards https://www.casseuslaw.com/record-approvals-national-interest-waiver-cases-and-work-authorization-cards/ Tue, 20 Sep 2022 16:36:38 +0000 https://www.casseuslaw.com/?p=28779

We hope that you had a wonderful summer! We spent the hot summer days hiking, cycling, running and swimming. We attended local farmers markets, picked local blueberries, strawberries, peaches, raspberries, and apples with our families, and attended family reunions and BBQs! We hope that you all took some time off to rest, and enjoy your families and friends. We have some great updates for you in this newsletter, and look forward to keeping in touch with you!

Thank you for reading, and feel free to share with your colleagues and friends.

Cheers,
Rachel

Good News: National Interest Waiver Cases and Work Authorization Cards Record Approvals!

As a sign that US Immigration is speeding up their processing times, and getting their staff back into the office, we are seeing record fast approvals for newly filed cases at the Texas Service Center. I-140 NIW cases that we filed in June 2022 are getting approved this month. These same clients are also getting their work authorization EAD card approvals in 3 months. We are so happy to see this faster processing, and look forward to helping as many people apply for their green card to free themselves from the arduous US visa process.

Please feel free to share this good news with your contacts and encourage them to take our free green card evaluation!

USCIS Premium Processing Update

We were hoping that premium processing, the ability to have your case reviewed by US Citizenship and Immigration Services within 15-45 days, would be extended to new I-140 NIW cases by the end of 2022, but unfortunately this is not the case. USCIS is slowly phasing it in. Beginning September 15, 2022, USCIS started accepting Form I-907 premium processing requests for:

  • E21 NIW petitions received on or before February 1, 2022.
  • E13 multinational executive and manager petitions received on or before January 1, 2022.

USCIS will reject premium processing requests for Form I-140 if the receipt date is after these dates. USCIS will take 45 days to take an adjudicative action on cases that request premium processing for these newly included Form I-140 classifications. Please note that USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time.

On May 24, 2022, USCIS published a new version of Form I-907, dated May 31, 2022. As of July 1, 2022, they will no longer accept the Form I-907 edition older than September 30, 2020.

As previously announced, USCIS expanded premium processing to additional form types as part of their efforts to increase efficiency and reduce burdens to the overall immigration system. As they implement the expansion of premium processing in a phased approach, they will continue working toward premium processing availability of additional Form I-140 petitions, Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization. Casseus Law will keep you posted on new developments.

Casseus Law has Maintained Our NIW and EB-1B 100% Approval

Casseus Law is proud to report EB-1B approvals even for people with no citations or publications. We are seeing more requests for evidence for both NIW and EB-1B cases, but after careful preparation, we are getting case approvals. EB-1B is current for all nationalities including China and India worldwide starting October 1, 2022. Casseus Law helps clients and employers through the EB-1B Outstanding Professor or Researcher Green Card process.

Benefits of the EB-1B

  1. Can be premium processed. With an extra payment to USCIS of $2,500, you can get a case approval in as little as 15 days.
  2. Nationals from India and China can apply for a green card, work authorization, and travel authorization concurrently with their I-140 petition.
  3. Does not require thousands of citations or even proof that other people in your field have adopted your work, unlike the EB-1A.
  4. We have successfully obtained EB-1B approvals for researchers both in academia and industry. We are happy to help you speak with your company or university to help you obtain your green card through the EB-1B category.

Green Card Highlight: Have an Approved I-130 or I-140 and your Priority Date is Current to Adjust your Status in the US?

Casseus Law can help you or your friends with a standalone green card application. We draft all of your immigration forms for you including the I-485, I-765 (work authorization EAD) and I-131 (travel authorization) along with your supporting documents. We suggest that all green card applications be filed with a medical exam. Please feel free to email us directly if you are interested in this service.

WANT TO FIND OUT IF CASSEUS LAW CAN HELP YOU GET A GREEN CARD?
USE OUR FREE CASSEUS LAW GREEN CARD EVALUATION FORM:

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The 2019 Public Charge Rule has been Vacated and Removed https://www.casseuslaw.com/the-2019-public-charge-rule-has-been-vacated-and-removed/ Wed, 17 Mar 2021 16:05:39 +0000 https://www.casseuslaw.com/?p=21790

The 2019 Public Charge Rule has been Vacated and Removed

What this means for you: for clients who are currently working with us, we will not file the Form I-944 Declaration of Self-Sufficiency, as it is no longer required. We have removed the questions relating to the form I-944 from our processes.

For individuals who already filed their case with the I-944, do not worry, US Immigration will no longer use the form and supporting documents to adjudicate your case. Casseus Law continues to receive green card approvals in March for our clients without any issues.

On March 11, 2021, The US Department of Homeland Security formally removed from the Code of Federal Regulations the now-vacated 2019 rule on public charge inadmissibility. On March 9, 2021, a court order vacating the 2019 public charge rule went into effect, and DHS immediately stopped applying the rule.

DHS also submitted a notice to the Federal Register, withdrawing a proposed October 2, 2020 rule related to the affidavit of support. Under Section 213A of the INA, USCIS requires an affidavit of support for most family-sponsored immigrants and some employment-based immigrants. The individual who signs the affidavit agrees to financially support the named immigrant and becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The affidavit of support proposed rule would have changed evidentiary requirements to impose new, costly burdens, estimated at $240 million annually, on those sponsoring lawful immigrants.

WANT TO FIND OUT IF CASSEUS LAW CAN HELP YOU GET A GREEN CARD?
USE OUR FREE CASSEUS LAW GREEN CARD EVALUATION FORM:

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Casseus Law US Adjustment of Status Green Card Representation https://www.casseuslaw.com/casseus-law-us-adjustment-of-status-green-card-representation/ Thu, 22 Oct 2020 00:55:16 +0000 https://www.casseuslaw.com/?p=18783

Casseus Law US Adjustment of Status Green Card Representation

We are pleased to announce our new technology-driven US permanent residence green card service. Many clients have worked with us to assist them with filing their adjustment of status applications, once they have an approved I-140 employment-based, or I-130 family-based, immigration petition.

Given the forward advance in green card availability as seen in the October 2020 Visa Bulletin, Casseus Law is seeing increased demand for green card services from both companies seeking to adjust the status of their employees, and individuals who are self-sponsoring their applications. Due to this demand, we have streamlined our process.

Technology-Driven One Step Process

Our best practices for ensuring green card approval are built into our in-house technology. Clients fill out one smart form that captures all of the data and evidence needed to compile a complete case. Our process is vetted and has yielded positive results for our clients. Using our in-house technology, we have been successful in obtaining all the information we need to file a successful case.

For Employment-Based Cases

We provide you with a complete application package that is ready to be submitted to USCIS.

Casseus Law ensures that the following forms are accurately filled in, and compiled with the required supporting documentation:

  • I-485 Adjustment of Status Application
  • I-765 Application for Employment Authorization
  • I-131 Application for Travel Document
  • I-944 Declaration of Self-Sufficiency
  • Additional forms may be required depending on case type

For Marriage-Based Cases

We provide you with a complete application package that is ready to be submitted to USCIS.

Casseus Law ensures that the following forms are properly filled in with their supporting documentation:

  • I-485 Adjustment of Status Application
  • I-765 Application for Employment Authorization
  • I-131 Application for Travel Document
  • I-944 Declaration of Self-Sufficiency
  • I-864 Affidavit of Support

Please fill out our complimentary green card evaluation below if you are interested in filing an adjustment of status application.

WANT TO FIND OUT IF CASSEUS LAW CAN HELP YOU GET A GREEN CARD?
USE OUR FREE CASSEUS LAW GREEN CARD EVALUATION FORM:

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Free Casseus Law Webinar: Immigration Q&A https://www.casseuslaw.com/free-casseus-law-webinar-immigration-qa/ Wed, 29 Apr 2020 21:32:39 +0000 https://www.casseuslaw.com/?p=15251

Free Casseus Law Webinar: Immigration Q&A
Next Session: Wednesday, May 6, 2020, at 2pm EST

Click Here to Register for Free Webinar

Free Casseus Law Webinar: Immigration Q&A

We have gotten so much positive feedback from our April 28, 2020 Immigration Q&A session, we have decided to hold another one on May 6, 2020, at 2pm EST. Click the button above to register. We will be opening up the session to a wider audience, and invite you to share this link with your contacts.

April 28, 2020 Casseus Law Immigration Q&A Webinar Recap

We started yesterday’s session off with a 30 minute presentation discussing employment-based green card categories, and the path to permanent residence, including the EB-2 NIW National Interest Waiver, EB-1A Extraordinary Ability, and EB-1B Outstanding Researcher or Professor categories. Some of the highlights of the discussion include:

  • Employment-based routes to US permanent residence is a two step process:
    1. First, a USCIS officer reviews the applicant’s form I-140 and supporting case documents to decide if the applicant meets the category criteria for case approval.
    2. Second, the case is either processed in the US, through the adjustment of status process, which now requires an in-person interview, or through consular processing at a US consulate abroad.
  • The most recent Executive Order. The good news is that the ban will not prevent individuals, who are already in the US, with a valid immigration status, from applying for employment-based permanent residency. Also, individuals who are abroad may submit National Interest Waiver petitions, as they are not subject to the ban.
  • During the current COVID-19 pandemic, USCIS Service Centers remain open to receive and process cases, but in-person interviews are closed. The closure of in-person services is expected to delay case processing; however, we are working with and encouraging applicants, who are qualified, and ready to submit their applications, to do so, because cases are processed on a first come first serve basis. Once in-person services open up, applicants will be in line for case processing and if all goes well, green card approval.

We then had a robust Question and Answer session, where participants were able to ask their questions. We were surprised that we had enough time to answer everyone’s questions. Many individual questions focused on how to plan next steps, and what options are available for individuals from China and India, who do not have a green card currently available to them based on backlogs. During this part of the session, we had a robust discussion on:

  • The idea of using the EB-2 priority date for individuals who are not eligible for the EB-1A. With an approved I-140, an individual may extend their H-1B indefinitely until their priority date is current to apply for adjustment of status.

We look forward to answering as many questions as we can, and to providing as much information possible to help individuals understand the immigration process to allow them to have successful future applications.

WANT TO FIND OUT IF CASSEUS LAW CAN HELP YOU GET A GREEN CARD?
USE OUR FREE CASSEUS LAW GREEN CARD EVALUATION FORM.

Click Here

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Can a life sciences or pharma company sponsor their employee for a National Interest Waiver green card and bypass the labor certification process? https://www.casseuslaw.com/can-a-life-sciences-or-pharma-company-sponsor-their-employee-for-a-national-interest-waiver-green-card-and-bypass-the-labor-certification-process/ Thu, 12 Mar 2020 16:46:50 +0000 https://www.casseuslaw.com/?p=14442

Can a life sciences or pharma company sponsor their employee for a National Interest Waiver green card and bypass the labor certification process?

Casseus Law Life Sciences Business Immigration law firm serves as immigration counsel to a number of pharmaceutical and life sciences companies. Many companies reach out to us initially to obtain O-1 visas for their extraordinary ability researchers. What many companies do not often realize is that along with a green card application, such as the NIW, an individual may be able to apply for work authorization while their green card is pending, if that individual is eligible to adjust status in the United States. Feel free to email our team at contact@casseuslaw.com to learn more about the process.

WANT TO FIND OUT IF CASSEUS LAW CAN HELP YOU GET A GREEN CARD?
USE OUR FREE CASSEUS LAW GREEN CARD EVALUATION FORM.

Click Here

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Alternatives to H-1B Visa? Think NIW Work Authorization! https://www.casseuslaw.com/alternatives-to-h-1b-visa-think-niw-work-authorization/ Tue, 10 Mar 2020 18:12:55 +0000 https://www.casseuslaw.com/?p=14409

Alternatives to H-1B Visa? Think NIW Work Authorization!

The National Interest Waiver is a great option for Masters and PhD level researchers who are seeking to become US permanent residents. There are a limited number of green cards available every year for nationals born in countries other than China or India. For nationals who were born in China or India, the NIW is currently not an option, since the category is backlogged and there are no green cards available to them. Work authorization can only be obtained for nationals who are currently living and working in the US, who were not born in China or India, through filing the forms I-485 and I-765, which is possible to do as of the date of this post (March 10, 2020).

If you are thinking of applying for a green card this year, and the green card is current for you, make sure that you apply before June 2020 to give yourself the best chance of securing a green card priority date. Please fill out our complimentary green card evaluation to find out if you are qualified.

WANT TO FIND OUT IF CASSEUS LAW CAN HELP YOU GET A GREEN CARD?
USE OUR FREE CASSEUS LAW GREEN CARD EVALUATION FORM.

Click Here

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Casseus Law Attorneys Sponsoring and Participating in the MASS AWIS Open House 2019, Held on Thursday, June 6, 2019 at Broad Institute https://www.casseuslaw.com/casseus-law-attorneys-sponsoring-and-participating-in-the-mass-awis-open-house-2019/ Thu, 06 Jun 2019 21:30:02 +0000 https://www.casseuslaw.com/?p=9266

Casseus Law attorneys sponsoring and participating in the MASS AWIS Open House 2019, held on Thursday, June 6, 2019 at Broad Institute.

Casseus Law is proud to partner with MASS AWIS to provide all members with free green card counseling including tailoring a personalized plan for all members seeking to apply for permanent residency in the United States. Casseus Law has successfully obtained over 300 case approvals for researchers, entrepreneurs, athletes, musicians, and individuals with exceptional and extraordinary ability. Based in Kendall Square, Casseus Law provides free information session to individuals interested in learning more about the US permanent residence process.

To obtain your free green card counseling, please click here to fill out the free evaluation, or click the button below:

WANT TO FIND OUT IF CASSEUS LAW CAN HELP YOU GET A GREEN CARD?
USE OUR FREE CASSEUS LAW GREEN CARD EVALUATION FORM.

Click Here

About MASS AWIS: MASS AWIS is the Massachusetts Chapter of the National Association for Women in Science (AWIS), a non-profit organization. Our mission, like the National AWIS, is to support women in all scientific fields and to achieve equity and full participation for women in science, technology, engineering and mathematics (STEM). By breaking down barriers and creating opportunities, AWIS strives to ensure that women in these fields can achieve their full potential.

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Rachel Casseus Speaking and Moderating Panel at the MassBio Life Sciences Workforce 2019 Conference, Held on Thursday, May 23, 2019 at Northeastern University https://www.casseuslaw.com/rachel-casseus-speaking-and-moderating-panel-at-the-massbio-life-sciences-workforce-2019-conference/ Thu, 23 May 2019 12:00:39 +0000 https://www.casseuslaw.com/?p=9028

Rachel Casseus speaking and moderating panel at the Life Sciences Workforce 2019 Conference, held on Thursday, May 23, 2019 at Northeastern University.

Rachel Casseus, Esq. spoke on and moderated the panel “How Immigration Laws Impact the Life Sciences Workforce.”

About the panel: Talented individuals from across the globe are contributing their skills to the local life sciences ecosystem. What can your organization do to attract and retain these individuals? How can HR be proactive in ensuring your foreign-born contributors are secure in their status? Hear from a panel of expert immigration attorneys and specialists on the best practices for dealing with these issues.

About the conference: This annual conference brings hiring managers and human resource professionals from the industry together with faculty from colleges and universities who are directly involved with developing programs to educate our next generation of innovators. This year’s program will feature roundtable discussions on how immigration law affects the region’s life science community; specific technical competencies sought after in the fields of bioinformatics and biomanufacturing; the professional skills so essential to career success; and more. Updates on the overall hiring trends in the industry will be presented. We invite you to attend and contribute your thoughts to this important dialogue.

About Rachel Casseus, Esq.: Rachel founded Casseus Law in 2011 with the mission to provide high-quality business immigration legal representation. Rachel, alongside her sister Sabine Casseus, Esq., and her team, advise research institutes, for-profit companies, non-profits, start-ups and individuals on employment-based visas, permanent residence and citizenship. She speaks at universities and conferences on the topics of labor certification waived permanent residence “green cards” and visa categories, including the National Interest Waiver (NIW), Extraordinary Ability (EB-1A), Outstanding Researcher and Professor (EB-1B), Manager or Executive Transferee (EB-1C) and Individuals with Extraordinary Ability or Achievement (O-1A) visas. Casseus Law represents companies and extraordinary-ability individuals primarily in the fields of life-science, biotech, pharma, engineering, technology, sports, music and architecture. Rachel was named a HUBweek ChangeMaker in 2017. She is currently serving on the board of her alma mater, The Winsor School. Rachel graduated from Dartmouth College and received her JD from Suffolk University.

About MassBio: MassBio is a not-for-profit organization founded in 1985 that represents and provides services and support for the world’s leading life sciences supercluster. MassBio is committed to advancing Massachusetts’ leadership in the life sciences to grow the industry, add value to the healthcare system and improve patient lives. Representing 1,100+ biotechnology companies, academic institutions, disease foundations and other organizations involved in life sciences and healthcare, MassBio leverages its unparalleled network of innovative companies and industry thought leaders to advance policy and promote education, while providing member programs, events, industry information, and services.

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