Protect Yourself: How To Find A Good Attorney?

Protect Yourself: How To Find A Good Attorney?

Watch Jeff Isaac talking about the criteria of good attorneys and where to find them. Learn more: http://www.lawyerinbluejeans.com

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Two Prominent Florida Republicans Offer Thoughts on RAISE Act Proposal

Two Prominent Florida Republicans Offer Thoughts on RAISE Act Proposal

Two prominent Republicans from Florida made interesting comments regarding the RAISE Act, the substantial immigration bill proposal co-sponsored by Senators Tom Cotton of Arkansas and David Perdue of Georgia. To read an overview of the RAISE Act proposal and my thoughts on the proposed legislation, please see my comprehensive blog [see blog]. In this article, we will examine the comments of Senator Marco Rubio of Florida and former Florida Governor Jeb Bush.

Senator Rubio’s remarks were reported by Melissa Quinn of the Washington Examiner [link].1 I noted in my full blog on the RAISE Act that Senator Rubio seemed to express support for some of the legislation’s goals. In a subsequent interview, he suggested that, despite the RAISE Act being supported by President Trump, he believed that there was no chance that it would pass the Senate.

RAISE Act

Regarding the merits of the legislation, he supported its goal of creating a merit-based immigration system, noting that this particular point of the legislation was similar to the Gang of Eight effort he was part of in 2013. However, Senator Rubio disagreed with the proposed cuts to overall immigration numbers in the proposal. He stated that his goal was not to limit legal immigration, but rather to change the immigration system. He noted that where he differed was the RAISE Act’s setting of an “arbitrary cap on the number of people that are able to come through with a green card.” Instead, he suggested that immigration numbers should be tied to demand.

Newsmax reported comments on the legislation from Jeb Bush, the former Governor of Florida who, like Rubio, ran for president in 2016 [link].2 Similarly to Senator Rubio, Bush backed the RAISE Act’s implementation of a points-based system for employment immigration, noting that it was similar to systems in Australia and Canada which have proven to be successful. Bush went further, also supporting the limitation of family reunification visas to spouses and unmarried children under the age of 21. He criticized the current system of allowing adult siblings, adult parents, and adult sons and daughters to obtain permanent resident status through family-based immigration. He added that the United States takes in far more family-based immigrants as a percentage of total immigrants than “any other country.”

However, Bush criticized two aspects of the proposal. First, he agreed with Senator Rubio that overall immigration levels should not be cut. Second, he disagreed with what he described as the English language requirement, believing that it should only come into play for naturalization purposes.

I agree with both Rubio and Bush that the RAISE Act fails in cutting overall immigration levels. However, as they note, certain elements of the legislation, such as the concept of the points-based immigration system, should be a part of any immigration reform effort. It is unclear whether there is any path in the Senate to passing immigration legislation of this scope. However, if an agreement can be reached on the issue of overall immigration numbers between those who want reductions, such as Senators Cotton and Perdue, and those who want to keep the numbers steady or increase them, such as Senators Marco Rubio and Lindsey Graham, it is possible that workable legislation which includes a points-based system for employment immigration could garner more serious consideration.

_____________________

  1. Quinn, Melissa. “Marco Rubio: Trump’s immigration bill is ‘not going to pass’ the Senate.” Washington Examiner. Aug. 7, 2017. Washingtonexaminer.com
  2. Beamon, Todd. “Jeb Bush Likes Some Parts of Trump-Backed Immigration Plan.” Newsmax. Aug. 9, 2017. Newsmax.com

Published at Wed, 16 Aug 2017 00:19:00 +0000


Overview of GAO Report on Refugee Screening

Overview of GAO Report on Refugee Screening

If you need an experienced and knowledgeable U.S. immigration, deportation, or immigration appeals attorney, please call our toll-free number at:

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Published at Wed, 09 Aug 2017 23:14:00 +0000


EB-1A vs EB-1B | Advantages, Requirements, Priority Dates

EB-1A vs EB-1B | Advantages, Requirements, Priority Dates

EB-1A vs EB-1B

As the most prestigious levels of the employment-based green cards, the EB-1A and EB-1B immigrant visas share many advantages. However, they do differ in some key areas. Find out which green card is the right fit for your situation through the differences in requirements and benefits.

The EB-1A Breakdown

The EB-1A visa is designed for people with extraordinary ability. On the outset, this category may seem broad or vague. However, the USCIS has a strict definition of what qualifies as “extraordinary”.

For the most part, the EB-1A has a variety of fields that are available for eligibility including business, art, education, athletics, and science. This allows a broad spectrum of people from a variety of backgrounds to apply. However, meeting the high standards for qualification can be very difficult.

One of the major benefits of the EB-1A in comparison to the EB-1B is the former allows applicants to self-petition without the need of a job offer or employer. This gives EB-1A holders substantial freedom in the nature of their work in the U.S.

Requirements

The greatest difference between the EB-1A and EB-1B green cards is the list of requirements. For the EB-1A, you need to meet one of two major requirements.

  1. You must present evidence of an internationally-recognized prize or award such as a Nobel Prize, Grammy, or Pulitzer Prize. or;
  2. You must have evidence of three of the following examples of your extraordinary ability:
    • Having authored scholarly articles in your field that have been published in distinguished professional journals.
    • Lesser prizes and awards on a national or international scale in your field
    • Having published material that mentions you in a major trade publication
    • Participation as a judge in an individual or panel situation in which you critique the work of your peers
    • Membership in a distinguished organization or association that requires extraordinary ability in order to be a member.
    • Significant scholarly, business, or scientific contributions to your field
    • Having your work displayed at a distinguished exhibit
    • Commercial success in the arts
    • A large salary indicating your extraordinary ability
    • Having a critical or leading role in a reputable organization

As you can see, producing the evidence to qualify for the EB-1A green card is not something that many applicants can accomplish. All told, you must demonstrate that you are in a top percentile of professionals in your field. If you can prove this but your evidence does not fall into the above categories, ask your immigration attorney if it can be submitted.

The EB-1B Breakdown

The EB-1B green card, on the other hand, is for outstanding researchers and professors. Again, the word “outstanding” can be interpreted many ways. However, the USCIS provides a defined list of evidence that can be submitted to prove that you are eligible for this green card.

Compared to the EB-1A, the EB-1B has a relatively limited scope of professions that can qualify. Where the EB-1A allows for extraordinary people from the fields of business, art, education, science, and athletics to apply, the EB-1B is only given to researchers and professors.

Unlike the EB-1A, you cannot self-petition for an EB-1B green card. In order to apply, you must have a job offer from a sponsoring U.S. employer who will file a petition on your behalf. While this means that your employer will absorb the I-140 filing fee, it does limit the work you can do in the U.S.

Requirements

To be considered eligible, you must have at least 3 years of experience in your field and be coming to the U.S. with the intention of gaining tenure or the equivalent in a research position. In addition, you need to present evidence of two of the following:

  • Recognized prizes or awards for your abilities
  • Having officially judged the work of your peers on a panel or on an individual level.
  • Being the author of scholarly books or articles published in distinguished journals related to your field
  • Published material that is written about your work by others in a reputable publication.
  • Having made significant contributions to your field
  • Membership in an organization or association that requires outstanding achievement for entry.

At its core, this list aims to prove to the USCIS that you have “outstanding achievements in a particular academic field”. If you have evidence that supports this idea that is not listed, work with your immigration attorney to see if it qualifies as appropriate evidence.

Processing Times

Because the EB-1A and EB-1B green cards are in the same preference level, there is no difference in their processing times according to the regulations. However, this does not mean that each petition’s processing time will not differ. Each service center has a unique caseload which can cause the waiting time to vary widely. On average, however, the I-140 petition takes about 6 months to process.

Priority Dates

Once your I-140 has been approved, you will need to wait until your priority date is current. If you are not familiar with priority dates, here is a quick rundown:

The date that the USCIS receives your petition will become your official priority date. You will need to compare this date with the final action dates given by the Department of State in their monthly visa bulletin. These final action dates are broken up according to green card preference level and country of origin.

When your priority date matches or passes the final action date in your level and country, your priority date ill be considered current, allowing you to adjust your status if you are already in the U.S. or begin consular processing if you are abroad.

Usually, all of the dates for the EB-1 preference level are current, meaning that you would be able to adjust your status as soon as your I-140 was approved. However, as of the June 2017 visa bulletin, a backlog of several years has built up for nationals of China and India.

Premium Processing

A question that we get often in our office is this: can I use premium processing for my petition? The answer, in this case, is yes. Premium processing an optional service that shortens your petition’s waiting time from a 6-month average to 15 calendar days for an additional fee. This fee can be paid either by you or your employer.

If the USCIS does not process your petition within that time frame, then you will receive a refund of your premium processing fee. This is one of the few circumstances where the USCS will issue a refund.

This service is available to all visas and green cards that use the I-140 or I-129 petitions in their application processes. The only exception to this is the EB-1C green card for multinational managers and executives.

Conclusion: EB-1A vs EB-1B

In the end, it all depends on your qualifications. If you are one of the rare individuals that qualify for both the EB-1A and EB-1B green cards, then you may want to consider pursuing the former for the advantages that it holds.

Not needing an employer and job offer can be very liberating depending on the kind of work that you wish to do in the U.S. The EB-1A also encompasses a greater variety of fields and is more inclusive for extraordinary individuals. In addition, the EB-1B requires applicants to have at least 3 years of experience and strictly defines what your intentions must be while the EB-1A does not have such requirements.

In either case, the processing time and fees will generally be the same. If you self-petition, however, you will be responsible for the I-140 filing fee, which essentially makes the EB-1B the less expensive option.

In any case, it is important never to make a large decision like this one without the help of an experienced expert. Just like it’s not a good idea to navigate real estate without an agent, you should always have an immigration attorney in your corner in the world of immigration law.

How Our Immigration Attorneys Can Help

Now that you know the differences between the EB-1A and EB-1B green cards, you are better informed to make a decision concerning which path you wish to take. However, the application process is difficult and must be done correctly to ensure that you have the best chances for approval.

Hiring an immigration attorney can help you address issues before they arise. When it comes to gathering the right evidence, filing forms, paying fees, and communicating with the USCIS, it pays to have an experienced attorney by your side.

Here at SGM Law Group, our employment immigration lawyers have years of experience helping extraordinary and outstanding professionals gain lawful permanent residence in the U.S. To get in touch with one of our attorneys, you can fill out this contact form and schedule your comprehensive consultation today.

Published at Wed, 16 Aug 2017 13:00:23 +0000


Overview of GAO Report on Refugee Screening

Overview of GAO Report on Refugee Screening

If you need an experienced and knowledgeable U.S. immigration, deportation, or immigration appeals attorney, please call our toll-free number at:

(866) 456-­8654 | * Call Us – Toll Free *

or at our NYC number:

(212) 202-­0342

You can also contact us with Skype:

Free Skype CallFree Skype Call

Have a Question?

Ask us immigration, deportation or immigration appeals questions online with our convenient “Ask a Question” form:

Ask a Question 

Want to Schedule a Consultation?

You can schedule a consultation with us on Skype, over the phone, or in person by using our “Online Consultation” form (we offer a 15 minute free consultation for asylum seekers, and our fee is only $160 per 45 minutes for all other cases):

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Attorney Advertising

Prior results do not guarantee similar outcomes

Published at Wed, 09 Aug 2017 23:14:00 +0000


Find New York’s Best Startup Business Lawyer | Call 201-446-9643

Find New York’s Best Startup Business Lawyer | Call 201-446-9643

Looking, Searching, Choosing, Need To, Trying To Find, Hire, Pick, The Best, Top Rated, Expert, Leading, Experienced, Smart, Skilled, Business Corporate Startup Lawyer Attorney in New York, New York City, NYC, Upstate New York, Westchester County, Rockland County, Orange County, Brooklyn, Queens, Long Island, Albany, Syracuse, Suffolk County, Nassau County, Bronx, and Staten Island.

201-446-9643 | www.njbusiness-attorney.com

Andrew S. Bosin, Esq. provides legal advice to startups, small businesses and entrepreneurs on business incorporation, Delaware Corporations, Founders Agreements, LLC’s, contracts, agreements, website and internet agreements, mobile software Apps developers, mobile app development, app development agreements, app development contracts, software development agreements, video game app development, iphone app development, iOS app development, android app development, website terms and conditions, privacy policies, website development, IPR, source code, intellectual property and website development and agreements.

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The legal information in this video and on the website is provided “as is” without any representations or warranties, express or implied. Law Offices of Andrew S. Bosin, LLC makes no representations or warranties in relation to the legal information in this video or on the website.

Without prejudice to the generality of the foregoing paragraph, Law Offices of Andrew S. Bosin, LLC does not warrant that:

 the legal information in this video or on the website will be constantly available, or available at all; or
 the legal information in this video or on the website is complete, true, accurate, up-to-date, or non-misleading.

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You must not rely on the information in this video or on the website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this video on the website.

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201-446-9643 | www.njbusiness-attorney.com


National Interest Waiver (NIW) for Medical Physicist

National Interest Waiver (NIW) for Medical Physicist

National Interest Waiver (NIW) for Medical Physicist

One of the best parts about immigration law is the fact that you get to work with exceptional people from all over the world and from all walks of life. Tackling challenges and learning about fascinating new industries are just some of the many benefits. When a medical physicist came to us with a desire to get a green card through a National Interest Waiver, we were able to accomplish both.

Background

The EB-2 is a diversified employment-based green card. Those who qualify are typically advanced degree holders and people who can prove that they have exceptional ability in their field.

However, both of these groups still require a job offer from a U.S. employer and a PERM Labor Certification. This latter item involves having the employer go through a recruitment process with the intention of filling your position with a qualified U.S. worker. This is a long process that can easily be done incorrectly, adding time and expense to your immigration process.

Fortunately, there is a third group that qualifies for the EB-2 green card. For those that either don’t have an employer or don’t want to go through the PERM process, there is the National Interest Waiver (NIW).

To qualify for an NIW, you need to demonstrate that your work will be in the national interest. It sounds straight forward, but as usual, nothing is simple in the world of immigration law.

For most NIW applicants, they need to show three things:

  • That their work will greatly benefit the society, culture, education, economy, job market, health, science, or technology of the U.S.
  • That they are equipped with the capability of developing the work. The USCIS will look at things such as education, past successes, current progress, and plans you have for the future of your work.
  • That the U.S. would stand to benefit on balance, meaning that it gains more from waving the PERM requirement than it does by enforcing it.

These were the requirements we needed to keep in mind when a medical physicist retained our services for an NIW. Knowing what lay ahead, we rose to the challenge and strove to understand the client’s work.

The Case

As a senior medical physicist, the client had decades of experience working with radioactive materials and radiation testing. With a PhD, several graduate and undergraduate degrees, certifications, exclusive memberships, and specialized certifications, our client was almost qualified for an EB-1A for people with extraordinary ability.

However, if immigration policies have taught us anything, it’s that advocacy, or the way the facts are presented, are almost as important as the facts themselves. A qualified individual who does not advocate his or her case well is likely to be denied. On the other hand, a well-advocated case can be approved even if the applicant’s qualifications are not as solid.

In this case, the client was more than qualified to demonstrate that his practice would be in the national interest. What we needed to do was gather the evidence necessary and argue the facts so that the USCIS would be hard-pressed to deny the green card.

So we worked alongside the client in an effort to learn more about the practice of medical physics and how to best explain the necessity of the NIW to the USCIS. We curated the items for evidence, developed our case, and submitted it.

The Verdict

Fortunately, between the qualifications of our client and the hard work of our attorneys, the USCIS approved the NIW without issuing a Request for Evidence. With the right strategy and careful consideration for the details, we were able to help our client obtain his EB-2 green card.

Another SGM Law Group Success Story

So whether you’re an entrepreneur, researcher, or medical physicist, getting a National Interest Waiver is simply a matter of gathering the right kind of evidence, and advocating it in the right kind of way. Here at SGM Law Group, we know that while many NIW applicants are brilliant, they’re seldom experts on immigration law. That’s why we always recommend retaining a qualified immigration attorney to help you with your case.

Take the stress out of filing by letting our lawyers handle the difficult tasks so that you can focus on your work in the U.S. Tell us about your case by filling out this contact form and scheduling a consultation with one of our attorneys today.

Published at Mon, 24 Jul 2017 13:00:36 +0000


EB-1C Denial: Top 6 reasons for Rejection | SGM Law Group

EB-1C Denial: Top 6 reasons for Rejection | SGM Law Group

EB-1C Denial

Every aspect of immigration law is fraught with complications. Sometimes, despite doing everything the right way, you can still get a denial. When it comes to a green card as distinguished as the EB-1C, a denial can be devastating. In this article, we delve into the reasons behind an EB-1C denial and how to avoid it.

EB-1C Background

Before we take a look at the reasons for denial, let’s first find out what goes into an EB-1C green card.

The EB-1C is an immigrant visa designed to grant lawful permanent resident status to the managers and executives of multinational companies that have a branch in the United States. In order to qualify, both you and your employer need to fulfill certain requirements.

Requirements for you

You must have maintained employment with the company for at least one continuous year in the three years leading up to your green card petition. You must also have the intention of immigrating to the U.S. to work in an executive or managerial capacity for the employer.

Requirements for your employer

Your employer must be a U.S. employer that has been doing business in the U.S. for at least one year. They must also have an office, branch, or affiliate overseas that has employed you for this transfer.

Why Was My EB-1C Denied?

So now that we know the basic overview for the EB-1C green card, we can get a better idea of what the USCIS is looking for when processing petitions. WSo, without further ado, here are the top 6 reasons for EB-1C denial.

1. Fees Were Insufficient

One of the common reasons for any visa denial is filing the wrong fees to the wrong places and it still stands as one of the common EB-1C rejection reasons. Due to the ever-changing nature of immigration law, fees and filing structures are also fluctuating. With new laws and policies being put into place each year, it shouldn’t surprise us that the fees change as well.

For example in December of 2016, the USCIS introduced a new fee schedule to a good portion of their visa forms and petitions. The fees from last year no longer apply, causing quite a few problems to those who failed to be updated on the new schedule.

Filing the wrong fees often results in a rejection, meaning that the petition never reached the decision-making stage and was sent back to the petitioner. However, there have been some rare cases in which the USCIS issued an outright EB-1C denial on account of insufficient fees. To avoid this delay, be sure to check the USCIS website for the latest fees or have your immigration attorney handle the fee payment.

2. Inconsistent Information

This reason may seem self-explanatory, but it deserves to be acknowledged in this list. While it remains a simple mistake, it’s one that many petitioners end up making. Double, even triple-checking your information can save you a great deal of headache in the future. Too many petitioners are concerned with getting their petition in as soon as possible and neglect to proofread their information.

The USCIS will either reject or deny your petition on account of incorrect, inconsistent, or missing information. This can cost you both time and money as the petition will need to be resubmitted with a new filing fee.

Avoiding this mistake is simple, make sure that each piece of information is accurate and matches the rest of your documentation. This is another problem that can easily be avoided by having an immigration attorney file your petition.

3. Criminal History/ Violation of Status

When you file your petition, the USCIS will conduct background checks to ensure that you do not have a criminal history in the U.S. or in your own country. Your case will also be examined to see if you have ever been in violation of your visa status in the past. If a crime or violation is found, then it goes without saying that your petition is likely to be denied depending on the nature and severity of the crime or violation.

While avoiding criminal activity is common sense, being in violation of your status may be more of a threat to your case. Overstaying your visa or being considered “out of status” can not only place a temporary bar on your entry into the U.S., it can damage your chances of obtaining visas in the future.

4. You Do Not Qualify

There are plenty of examples of companies that promote an underqualified worker to management for the sole purpose of obtaining a green card. Many of these are rejected due to the fact that the worker has not been a manager for at least one year and the fact that the worker lacks the necessary qualifications to effectively manage.

This may not be the case and you might be qualified, but your petition may still be denied if your qualifications are not apparent in your petition. To avoid this, be sure that your petition includes all of the necessary evidence pointing to your management ability.

5. InAbility to Pay Proposed Wages

Like many of the employment-based green cards, the EB-1C petition requires an offer of employment in order to qualify. That job offer must include the salary or wages that the company promises to pay you. In addition, your employer must demonstrate the capacity to pay you this wage.

According to the regulations, the way to prove that the wage can be paid is through showing the company’s net income, current assets, annual reports, federal tax returns, and financial statements. It also helps if you have already been making this wage during your employment with the company.

Failure to demonstrate that your employer is able to pay the proposed wage for your position is one of the more common EB-1C rejection reasons we see. Work with your immigration attorney to make sure all of your financial documents are in order.

6. Job Description Does Not Qualify

There are many things you can do to avoid an EB-1C denial, but this last reason seems to snag more petitioners than it should. The USCIS lays out what a manager or executive looks like in detail.

A manager should:

  • Oversee the day-to-day work of employees, be in charge of their wages, and have the power to hire and fire.
  • Supervise a function or department of the company.

An executive should:

  • Supervise the work of managers within the company.
  • Be able to make large decisions for the company without substantial supervision.
  • Have the ability to create goals and policies for the company.

There are some positions that have the title of manager or executive (such as account manager) that do not require the employee to fulfill the tasks above. These positions do not qualify for this green card and attempting to apply through them will most likely result in an EB-1C denial.

EB-1C Denial Rate

The USCIS keeps a relatively outdated set of statistics on their website concerning the denial rates for certain green cards. In 2010, the EB-1A denial rate was 38% with 3,200 petitions being approved and 1,998 being denied. According to the chart, this denial rate is lower than most, sometimes even reaching over 50%.

The EB-1B denial rate is much lower, showing that in the same year, only 306 of a total of 3,140 petitions were denied with a calculated denial rate of only 9%.

Unfortunately, the chart does not give the statistics for the EB-1C denial rate. However, your immigration attorney may have a good idea of what your chances are based on their previous successes.

What to Do After an EB-1C Denial

If you heed the above reasons for denial and hire an immigration attorney, you will be setting yourself up for success. However, if you have already received an EB-1C denial and are looking for what to do next, there are some options to consider with your lawyer.

Re-file

In almost all circumstances, you will have the opportunity to re-file with the USCIS. If you have filed your case either by yourself or with a different attorney, you may want to consider finding a new avenue for filing. If you obtain new evidence or had a simple mistake in your petition that resulted in rejection, re-filing may be the first move that you make.

If the denial was due to a more serious issue such as a lack of qualifications or a criminal history, simply re-filing will most likely only result in a second denial. In this case, new evidence of a change of circumstances would be required to take either of the two options below.

Can I Appeal?

There is a possibility that you can appeal the decision to a third party, but there are some caveats to consider. Appealing requires you to file with the Administrative Appeals Office (AAO) and can take a very long time to process. In addition to this, the AAO upholds the decision more often than not, meaning that time will be wasted.

Keep in mind that appealing is only available to applicants who are currently in the U.S. If you are denied by the consulate, you will most likely receive an EB-1C denial notice stating that the decision cannot be appealed.

If you do decide to appeal, do so with an attorney. Stepping into the realm of appeals is not to be done without an expert. Save yourself a substantial amount of time and trouble by getting legal help with your appeals.

Motion to Reconsider

Another option is to file a motion to reconsider. This is a request for the original entity (i.e. the USCIS) to reconsider the case if new circumstances or evidence has arisen. This last part is essential. If you simply file a motion to reconsider without presenting new evidence, your motion will likely be denied. Work with your attorney to find a way to bring new information to light

Consider the Alternatives

Lastly, though it may not be ideal, you may want to contemplate switching your goal to a different green card. Even if you don’t qualify for an EB-1C, you still may be eligible for an EB-2 or and EB-3 green card. Speak with your attorney to determine the options that may be available to you after an EB-1C denial.

How Our Immigration Attorneys Can Help

As we’ve said a few times in this article, the best way to avoid an EB-1C denial is to have an expert handle your case. At our office here at SGM Law Group, we find that the cases that get denied are almost always done without an attorney. With years of experience dealing with employment-based immigration, our lawyers can help you cross every “T” and dot every “i”.

From gathering evidence to support your case to handling the minutiae of filing, you can rest assured that your case is in the right hands. To get your immigration journey started or to receive help for your EB-1C denial, go ahead and fill out this contact form and let us schedule your consultation today.

Published at Thu, 27 Jul 2017 13:00:20 +0000