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What Proof?

Many people don’t this, but the standard of proof that the applicant has to show in an immigration case is the preponderance of the evidence standard. What that means is that it must be more likely than not that something is true. In other words more than 50% likely...

L-1B Specialized Knowledge

As many people know, the government is looking very closely at L-1B visas and whether specialized knowledge exists for an L-1B. Our office has seen quite a few requests for evidence and denials because the USCIS is not convinced that an executive possesses specialized...

RFE Times To Be More Reasonable

At the AILA (American Immigration Lawyer’s Association) conference in June 2011 in San Diego, one of the big complaints from the members was that RFE’s (Request for Evidence) were being sent with very short (usually 30 days) response time. In general, the 30 days...

Ability To Pay

As part of the green card process, the company must show that it has the ability to pay the wage of the applicant to USCIS before USCIS will approve the case.  Generally, this is shown by either net income, that the company has enough net income over and above the...

Green Card Tips

One of the most important parts of obtaining a green card through employment and labor certification is the prevailing wage, or the wage that one must intend to pay upon the granting of permanent residence. A couple of tips: The job description is very important in a...