EB-5 Visa: How Investors Can Get a US Green Card Through the EB-5 Program

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The EB-5 Immigrant Investor Program is one of the fastest and most reliable ways to obtain a US green card for yourself and your family. By investing in the American economy and creating jobs, foreign investors can secure permanent residency and a path to US citizenship.

If you are considering the EB-5 program, here’s everything you need to know about EB-5 eligibility, investment requirements, processing, and how an EB-5 immigration lawyer can help you succeed.

What Is the EB-5 Visa Program?

The EB-5 visa was created by Congress in 1990 to stimulate the US economy through job creation and capital investment. It allows foreign nationals to invest in a qualifying US business or regional center project and, in return, receive lawful permanent resident status (a green card) for themselves, their spouse, and unmarried children under 21.

EB-5 Visa Requirements

To qualify for the EB-5 visa, you must meet specific requirements:

  • Investment Amount: $900,000 if the project is in a Targeted Employment Area (TEA), or $1,800,000 for non-TEA projects.
  • Job Creation: The investment must create at least 10 full time jobs for US workers.
  • Lawful Source of Funds: You must prove that your investment capital comes from legal sources such as salary, business profits, property sales, or inheritance.
  • At Risk Investment: Your funds must be “at risk” for the purpose of generating return and creating jobs.

EB-5 Visa Benefits

Choosing the EB-5 program has many advantages:

  • Green card for your whole family (spouse + children under 21).
  • No employer sponsorship required.
  • Live, work, or retire anywhere in the US.
  • Path to US citizenship after 5 years of permanent residency.
  • Education opportunities – Children can attend US schools and universities at resident tuition rates.

EB-5 Process Step by Step

  1. Select an EB-5 Project – Either invest directly or through a USCIS approved regional center.
  2. File Form I-526E – The EB-5 investor petition with USCIS.
  3. Conditional Green Card – If approved, you and your family receive 2-year conditional permanent residency.
  4. File Form I-829 – To remove conditions after proving job creation.
  5. Permanent Green Card – Once conditions are removed, you hold permanent resident status.

Common Challenges in EB-5 Cases

While the EB-5 program is attractive, many investors face challenges, including:

  • Proving lawful source of funds across international transfers.
  • USCIS Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
  • Delays due to visa retrogression (especially for China and India).
  • Complicated project structures with unclear job creation data.

This is why working with an experienced EB-5 immigration lawyer is critical to success.

How an EB-5 Immigration Lawyer Can Help

Our EB-5 attorneys guide investors through every stage:

  • Evaluating eligibility and investment options.
  • Preparing a strong source of funds report.
  • Filing Form I-526E and Form I-829 with complete documentation.
  • Responding to USCIS RFEs, NOIDs, or audits.
  • Protecting your family’s green card throughout the process.

Take Action Now to Secure Your Immigration Future

If you wish to pursue an EB-5 green card, contact us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. We will help you understand your options and take the right steps to secure your future in the United States.

Refused Entry for ESTA Travelers: What It Means and How to Avoid It

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Many international visitors use the Electronic System for Travel Authorization (ESTA) to enter the United States under the Visa Waiver Program (VWP). While ESTA offers a quick and convenient way to travel, it does not guarantee entry. Every year, some travelers with an approved ESTA are refused entry at the US border.

If this happens to you, it’s stressful and confusing. But understanding why ESTA travelers are denied entry and what to do next can help protect your ability to travel to the US in the future.

Can You Be Refused Entry With an Approved ESTA?

Yes. Even if your ESTA is approved, US Customs and Border Protection (CBP) officers have the authority to deny you entry at the port of entry. ESTA only gives you permission to board a plane or ship, the final decision happens when you arrive in the United States.

Common Reasons ESTA Travelers Are Refused Entry

Travelers using ESTA may be refused entry for many reasons, including:

  • Suspicion of immigrant intent – If a CBP officer believes you intend to stay permanently rather than return home. (Often linked to INA §212(a)(7)(A)(i)(I) and INA §212(a)(7)(A)(i)(II): not possessing proper immigrant documentation.)
  • Inconsistent answers during inspection – Giving contradictory or unclear information during questioning can raise red flags which often led to misrepresentation INA §212(a)(6)(C)(i).
  • Previous visa denial or overstays – Past violations may make you inadmissible under INA §212(a)(9)(B) for unlawful presence or INA §212(a)(6)(C)(i) for misrepresentation.
  • Criminal history or prior immigration violations – Certain convictions or immigration fraud can lead to inadmissibility under INA §212(a)(2)(A)(i)(I), INA §212(a)(2)(C)(i) and INA §212(a)(2)(C)(ii), INA §212(a)(6)(E), and INA §212(a)(9)(C).
  • Wrong type of travel – Attempting to work, study, or reside long term on ESTA is not permitted. CBP may cite INA §212(a)(7)(B)(i)(I) and INA §212(a)(7)(B)(i)(II) for not having the correct visa.
  • Security concerns flagged – Travelers flagged in government databases may be denied under INA §212(a)(3)(A)(i), INA §212(a)(3)(A)(ii), INA §212(a)(3)(A)(iii) and INA §212(a)(3)(B) (security and related grounds).

What Happens If You’re Denied Entry on ESTA?

If you are refused entry:

  • You may be questioned extensively by CBP.
  • You may be put on the next flight back to your country of origin.
  • The refusal may be recorded in your immigration history, impacting future travel.
  • In some cases, you may face expedited removal INA §235(b)(1)(A)(i) and be given a form I-860, which carries a 5-year bar from reentry.

How to Avoid ESTA Refusal at the Border

  1. Know the limits of ESTA – ESTA is only for short term tourism, business meetings, or transit.
  2. Be truthful – Hiding any information or provide false information can all lead to ESTA refusal and misrepresentation INA §212(a)(6)(C)(i) determination
  3. Consider a visa – If you’ve had prior issues, we can assist you in applying for an appropriate visa such as a B-1/B-2 visitor visa to give you the best chance for approval.

What to Do After ESTA Refusal

  • If you were refused entry on ESTA, the next steps are critical. A refusal can affect not only your ability to travel under the Visa Waiver Program but also your future US visa applications. Here’s what you should do:
  • Don’t try to reapply for ESTA right away – In most cases, once you’ve been refused entry, future ESTA applications will be denied.
  • Understand your record – An ESTA refusal may be logged as an expedited removal under INA §235(b)(1), which can create a 5-year or longer reentry bar.
  • Call us at 305 515 0613 immediately – We can analyze the reason for your refusal and determine the best way forward.
  • Prepare for the next step – Many travelers must switch from ESTA to applying for a B-1/B-2 visitor visa with strong documentation to prove eligibility.
  • Every case is different. Acting without legal guidance can make things worse.

FAQs About ESTA Refusal

1. Does ESTA refusal mean I’m banned from the US?
Not always. It depends on whether you were refused entry informally or removed under expedited removal.

2. Can I reapply for ESTA after being refused entry?
In most cases, once you’re refused entry, future ESTA applications are denied. You will likely need to apply for a visa instead.

3. Do I need a lawyer if I was refused entry on ESTA?
Yes. We can review your case, help you understand the reason for refusal, and guide you on future visa applications.

Take Action Now to Protect Your Immigration Future

Being refused entry on ESTA can be upsetting, but it doesn’t always mean you can never visit the United States again. With the right strategy, whether applying for a visitor visa, gathering stronger documentation, or working with us, you can still protect your ability to travel.

If you were refused entry on ESTA, don’t take risks with your future travel. Contact us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. We will help you understand your options and take the right steps to restore your ability to travel to the United States.

EB-5 Investor Visa Lawyers: How to Choose the Right Attorney for Your Green Card

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The EB-5 Immigrant Investor Program is one of the fastest paths to a U.S. green card, but it’s also one of the most complex. With an investment of $900,000 or $1,800,000 (depending on project location), EB-5 investors and their families can secure permanent residency in the United States.

However, the process involves strict legal, financial, and immigration requirements. That’s why choosing the right EB-5 immigration lawyer is critical to your success.

Why EB-5 Investors Need an Immigration Lawyer

While the EB-5 program offers incredible opportunities, it also comes with challenges and risks:

  • Complex USCIS filing requirements (Form I-526E, I-829).
  • Source of funds documentation, including international banking, tax returns, and money transfers.
  • Selecting a safe and USCIS-compliant EB-5 regional center or project.
  • Risk of visa retrogression and delays depending on your country of birth.
  • Responding to RFEs, NOIDs, or audits from USCIS.

A skilled EB-5 attorney ensures compliance, reduces risks, and helps protect your investment while guiding you to approval.

How We Help Investors

We represent high net worth individuals, entrepreneurs, and families worldwide in navigating the EB-5 program. Here’s how we assist:

  • Case evaluation – We review your goals, country of chargeability, and investment timeline.
  • Source of funds strategy – Preparing detailed documentation.
  • Strong USCIS filings – Drafting and filing Form I-526E and later Form I-829 with clear evidence.
  • Family immigration – Ensuring your spouse and children are included in your EB-5 case.
  • Personalized support – Every investor’s situation is different. Avoid “cookie-cutter” filings.
  • Regional center and project guidance – While lawyers cannot recommend investments, they can help you assess compliance and immigration risks.
  • Transparent legal fees – EB-5 cases require extensive work; make sure you know the costs upfront.

What About President Trump’s New “Gold Card”

Recently, President Trump has floated the idea of a Gold Card, a proposal to create a special immigration benefit for wealthy individuals that would allow them permanent residency or even citizenship in exchange for investment. While the concept has garnered media attention and excited some would be investors, it remains entirely hypothetical. No such “Gold Card” program exists in US immigration law, no draft legislation has been passed, and no regulatory framework is in place. Until Congress enacts clear authority and USCIS issues implementing rules, the EB-5 program remains the only reliable investment based path to a US green card.

FAQs About EB-5 Investor Visa Lawyers

1. Do I need a lawyer to file an EB-5 petition?
While it’s not legally required, EB-5 petitions are extremely complex. A mistake can cost you your investment and your green card.

2. Can my family get green cards through my EB-5 investment?
Yes. Your spouse and unmarried children under 21 can be included in your petition.

3. How long does EB-5 take?
Processing times vary. On average, I-526E petitions take 12–24 months, though it depends on your country of chargeability.

Conclusion: Protect Your Investment with the Right EB-5 Lawyer

The EB-5 investor green card is one of the best ways to achieve permanent residency in the US, but only if your case is handled correctly. With millions of dollars on the line, you can’t afford mistakes. If you are considering the EB-5 program, call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation.

J-1 IGA Waiver for Fulbright Scholars: 2025 Guide

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Many Fulbright Scholars in the US enter on a J-1 exchange visitor visa. While the Fulbright program provides incredible opportunities, it also triggers the two year home residency requirement under INA §212(e). This rule requires you to return to your home country for two years before applying for a green card, H-1B, or L visa unless you obtain a J-1 waiver.

For Fulbright participants, the J-1 waiver process is especially complex because the Fulbright program is jointly managed by the US Department of State and foreign governments. This is where the IGA Waiver (Interested Government Agency waiver) comes into play.

What Is an IGA Waiver?

An Interested Government Agency (IGA) waiver allows a US federal agency to request a waiver of the two-year home residency requirement if your continued presence in the US is deemed to be in the national interest. The IGA waiver can be the strongest and most viable strategy to remain in the US after your Fulbright ends.

Who Qualifies for an IGA Waiver as a Fulbright Scholar?

You may qualify for an IGA waiver if:

  • A US government agency has a significant interest in your research or work.
  • Your continued work in the US is considered vital to national projects, scientific progress, or public health.
  • You can demonstrate extraordinary ability or unique expertise that the U.S. needs.

How the IGA Waiver Process Works

  1. Identify a sponsoring US agency (such as NIH, USDA, DOE, or another agency connected to your field).
  2. Prepare a strong waiver package that highlights your research, contributions, and why your work benefits US interests.
  3. We submit the waiver package to the agency and the agency submits a request directly to the Department of State’s Waiver Review Division.
  4. If recommended, USCIS will make the final waiver decision.

Common Challenges for Fulbright J-1 IGA Waivers

  • Securing agency sponsorship – Not every agency is willing to support a waiver.
  • Timing – Agencies may take months to review requests, while Fulbright terms are time limited.
  • Documentation – Weak or generic statements often result in rejection.

Our team works closely with scholars to identify the right government agency, draft compelling support letters, and build a legal argument tailored to the agency’s mission and USCIS standards.

J-1 IGA Waiver Success Stories for Fulbright Scholars

  • A Fulbright medical researcher working on infectious diseases won an NIH sponsored waiver when we demonstrated her ongoing research directly supported US public health priorities.
  • A Fulbright scholar in engineering received a waiver after we highlighted his unique role in a Department of Energy project, showing that sending him home would harm US innovation efforts.
  • A Fulbright data scientist specializing in climate modeling obtained an IGA waiver sponsored by the National Science Foundation (NSF) after we demonstrated that his ongoing research on predictive climate analytics and extreme weather forecasting was essential to several NSF-funded initiatives addressing U.S. environmental resilience and disaster preparedness.

FAQs About Fulbright J-1 IGA Waivers

1. Can Fulbright scholars apply for a No Objection waiver?
Yes, but it is very challenging and not the best option if an IGA pathway is available.

2. How long does an IGA waiver take?
The process can take 6–12 months, depending on the agency.

3. Can I apply for a green card after my IGA waiver?
Yes. Once the waiver is approved, you may pursue permanent residency through EB-1, NIW, marriage based, or employer sponsored petitions.

4. Which agencies sponsor waivers most often?
Agencies like NIH, USDA, DOE, and HHS are common sponsors, but eligibility depends on your field of work.

Your Path to Approval Starts with the Right Legal Team

A J-1 IGA Waiver is a viable path for Fulbright scholars who wish to stay in the US long term unless you’re qualified for a J1 hardship waiver. It requires strategy, strong documentation, and the ability to persuade a federal agency that your work is vital to US national interests.

Call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll help you secure a J1 waiver.

How to Succeed in Your U.S. Immigration Journey: RFEs, NOIDs, NOIRs, Denials, and Success Stories

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Immigrating to the United States is a dream for millions, but the process is often filled with challenges like Requests for Evidence (RFE), Notices of Intent to Deny (NOID), Notices of Intent to Revoke (NOIR), and even petition denials. If you’ve received one of these, don’t panic. There are proven ways to respond, appeal, and still succeed. In this article, we’ll break down what each notice means, how to respond effectively, and share real immigration success stories that inspire hope.

What Is an RFE in US Immigration?

An RFE is issued by USCIS when they need more information before making a decision. This doesn’t mean your case is weak. It simply means USCIS wants clarification or additional proof.

Common reasons for RFEs include:

  • Missing documents (birth certificates, translations, or work experience letters)
  • Lack of evidence of extraordinary ability in EB-1A or NIW petitions
  • Incomplete financial records in marriage based or business visas

Always respond before the deadline with strong, well organized evidence. A powerful legal argument plus clear documentation can turn an RFE into an approval.

What Is a NOID and Why Is It Serious?

A NOID means USCIS has reviewed your application and plans to deny it unless you can overcome their concerns.

Common NOID triggers include:

  • USCIS doubts the authenticity of employment history (common in H-1B, EB-1, or OPT fraud related cases)
  • Insufficient evidence of eligibility (not proving “extraordinary ability” or “national interest”)
  • Questions about good faith marriage in family petitions

A NOID requires a strategic, evidence heavy response. We have successfully helped many applicants win approval after submitting expert legal briefs with citations to USCIS policy and federal court cases.

What Is a NOIR and How Does It Differ?

A NOIR is issued after a petition has already been approved, but USCIS has found new information suggesting the approval may have been made in error. This often happens in employment based cases or marriage based petitions.

Reasons for a NOIR may include:

  • Fraud or misrepresentation discovered after approval
  • A petitioner withdrawing support or no longer qualifying
  • A site visit or compliance check revealing discrepancies

NOIRs are very serious because they can undo an approval you’ve already received. However, you still have the opportunity to respond with documentation and legal arguments to preserve your status.

Immigration Denials: What Are Your Options?

If USCIS denies your case, it’s not always the end. Depending on the type of petition, you may be able to:

  • File an appeal with the Administrative Appeals Office (AAO)
  • Submit a Motion to Reopen or Reconsider (MTR)
  • Re-file with stronger evidence

Many denials happen because applicants try to file without legal help, use weak templates, or don’t understand what USCIS is really looking for.

NIW, EB-1A & Other Success Stories

One of the most searched immigration topics today is “NIW success stories” and “EB-1A approval examples.”

Real examples include:

  • A scientist with just 20 publications but strong citation metrics and powerful recommendation letters received an RFE on his EB-1A petition. With our guidance, we built a compelling response that convinced USCIS and secured his approval.
  • A software engineer leading global teams had his EB-1A denied after filing on his own. We took his case on appeal, presented clear evidence of his critical role and industry wide impact, and successfully won the approval.
  • A healthcare researcher received a NOID on a National Interest Waiver petition. By demonstrating the far reaching significance of their contributions to public health policy, we overcame the challenge and achieved approval.
  • A family based petition was issued a NOIR. The clients turned to us, and we assembled robust evidence proving the good faith nature of the marriage, resulting in a successful outcome.

These stories show that even if your case seems weak, the right strategy can turn it around.

How to Respond to an RFE, NOID, NOIR, or Denial

Receiving an RFE, NOID, NOIR, or denial can feel overwhelming, but it’s also an opportunity to strengthen your case. The key is knowing how to respond strategically. The response requires a carefully crafted legal argument backed by solid evidence.

At our firm, we don’t just send documents. We:

  1. Analyze the USCIS concerns in detail and identifying exactly what is missing or misunderstood.
  2. Gather targeted evidence such as expert letters, publications, financial records, or compliance proof, tailored to USCIS’s objections.
  3. Build a legal strategy citing regulations, USCIS policy, and federal case law to directly address the government’s issues.
  4. Organize everything professionally presenting the response in a clear, compelling format that makes it easy for an officer to approve.

Many denials and revocations happen because applicants respond with generic documents or without understanding the law. USCIS is looking for precise, persuasive answers not volume.

We have helped clients turn RFEs into approvals, overcome NOIDs, defeat NOIRs, and even reverse denials on appeal. By combining legal expertise with deep knowledge of immigration policy, we maximize your chance of success.

Don’t Give Up on Your Immigration Dream

Every year, thousands of applicants face RFEs, NOIDs, NOIRs, and denials but many still succeed with the right approach. Whether you are applying for an H-1B, NIW, EB-1A, marriage green card, or waiver, remember: immigration is a process, not a one shot attempt.

An RFE, NOID, NOIR, or denial doesn’t have to be the end of your immigration journey. With the right strategy, many cases can be turned around and we’ve done it for scientists, engineers, researchers, and families just like yours. Our team knows how to analyze USCIS’s concerns, gather powerful evidence, and craft the legal arguments that win.

Don’t leave your future to chance and let us fight for your approval. If you’ve received an RFE, NOID, NOIR, or denial or want to improve your chances of approval on the first try, don’t risk your future by going it alone. Contact us today at 305-515-0613 or email info@messersmithlaw.com . Let us fight to protect your immigration future and help you secure your green card. and let’s turn this challenge into your approval.

EB-1A Requirements: How to Prove Extraordinary Ability Without Publications

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Introduction

The EB-1A green card is one of the fastest and most prestigious ways to gain US permanent residency. It is designed for individuals with extraordinary ability in science, arts, business, athletics, or education.

Most people believe EB-1A approval requires multiple academic publications, peer reviewed citations, or Nobel Prize level recognition but that’s not true. Many of our successful EB-1A petitions are approved without a single publication, as long as the applicant can demonstrate extraordinary ability through other qualifying evidence.

In this article, we’ll break down the EB-1A requirements, explain how to qualify without publications, and show how our firm has helped clients win cases even when they thought they had “nothing to show.”

What Are the EB-1A Requirements?

To qualify for EB-1A, you must show that you are among the top individuals in your field and that your work benefits the United States. USCIS requires you to prove this by either:

  1. A one-time major achievement (e.g., Nobel Prize, Olympic medal), OR
  2. At least 3 out of 10 regulatory criteria, including:
    • Awards for excellence in your field
    • Membership in associations requiring outstanding achievement
    • Published material about you or your work
    • Participation as a judge of others’ work
    • Original contributions of major significance
    • Authorship of scholarly articles
    • Artistic exhibitions or showcases
    • Leading or critical role in distinguished organizations
    • High salary compared to others in the field
    • Commercial success in the performing arts

Can You Qualify Without Publications?

Yes, publications are only one of the ten criteria. USCIS allows you to qualify by meeting other standards. We’ve helped clients win EB-1A petitions using evidence such as:

  • Patents or inventions with real world impact
  • Industry recognition through awards, rankings, or certifications
  • Leadership roles in influential projects or companies
  • Expert testimonials proving the significance of their contributions
  • Media coverage highlighting their impact on the field
  • High compensation packages compared to industry peers

In short, publications are helpful but not required. If you can show that your work has changed, influenced, or advanced your field in meaningful ways, you may still qualify for EB-1A.

Our EB-1A Success Without Publications – Real Cases

  • A cybersecurity expert won EB-1A by proving that his AI driven security model was adopted by Fortune 500 companies, even though he had no academic publications.
  • An entrepreneur in renewable energy secured EB-1A by showing her solar panel technology was used in large scale U.S. energy projects.
  • A performing artist obtained EB-1A through awards, high earnings, and international media recognition, without a single published paper.

These success stories prove that EB-1A approval is about impact, not just publications.

How We Help EB-1A Applicants Without Publications

At our firm, we specialize in building creative EB-1A petitions for professionals who don’t fit the traditional “academic” profile. We:

  • Analyze your background to identify hidden strengths that qualify
  • Gather evidence of real world impact instead of academic citations
  • Craft persuasive legal arguments that highlight your extraordinary ability
  • Present your achievements in a way USCIS understands and values

We’ve helped engineers, entrepreneurs, artists, business executives, and professionals secure EB-1A green cards even when they had no publications or citations.

Don’t Risk a Denial. Let Us Secure Your EB-1A Green Card

If you’re worried about applying for an EB-1A green card without publications, don’t let that stop you. USCIS recognizes many different types of achievement, and with the right legal strategy, you can still qualify and succeed. Contact us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. Let us evaluate your background and build the strongest possible EB-1A petition whether or not you have publications.

H-1B and I-485 RFE, Notice of Intent to Deny or Denial Due to Incorrect Information Provided on Resume: What You Need to Know

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When applying for an H-1B visa or an I-485 green card adjustment of status, every detail in your petition matters. One of the most common and frustrating issues applicants face is a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or even a denial because of incorrect information provided on the resume.

If you recently received an H-1B or I-485 RFE, NOID, or denial for this reason, you are not alone. USCIS takes accuracy very seriously, and even a small inconsistency can trigger concerns about misrepresentation, eligibility, or the credibility of your case.

Why Resume Information Matters in H-1B and I-485 Cases

  • Work Experience Claims – If your resume lists employers, job titles, or dates that don’t match official records, USCIS may question whether you meet the specialty occupation or experience requirements.
  • Education Background – A mismatch between resume details and degree transcripts can raise red flags.
  • Skills & Certifications – Inflated or misstated credentials can be viewed as misrepresentation.
  • Employment Gaps – Unexplained or incorrectly presented time periods may prompt USCIS to question status maintenance.

Common Triggers for an RFE, NOID, or Denial

  1. H-1B Visa Applications
    • Dates of prior employment that do not match payroll or tax records.
    • Experience letters that contradict resume claims.
    • Education details that differ from transcripts or degree evaluations.
  2. I-485 Adjustment of Status
    • Past employment inconsistencies revealed through background checks.
    • Overstating roles or responsibilities to qualify for a category.
    • Listing employers later identified as fraudulent or dissolved.

How to Respond to an RFE or NOID

Responding to an RFE or NOID is not just about sending more paperwork. It’s about building a cohesive legal argument that convinces USCIS your case deserves approval. Many applicants try to respond on their own or with generic templates and end up facing denials because the response lacked strategy, evidence, or proper legal framing.

The difference between approval and denial often comes down to the quality of your response. A well prepared package can turn a weak case into a winning one. We’ve successfully helped clients overturn NOIDs, overcome RFEs, and even salvage cases that other law firms had given up on.

Denial and Next Steps

If your case is denied due to resume inaccuracies:

  • Appeal or Motion to Reopen/Reconsider – File with USCIS or the Administrative Appeals Office.
  • Refiling – In some cases, correcting the record and refiling is the fastest path.
  • Waivers – If USCIS alleges willful misrepresentation under INA §212(a)(6)(C)(i), a waiver may be needed in limited circumstances.

How Our Law Firm Can Help

We have helped many clients overcome H-1B RFEs and NOIDs and successfully respond to I-485 challenges involving resume discrepancies. Our team:

  • Reviews every detail of your petition for consistency.
  • Builds strong documentary evidence to resolve USCIS concerns.
  • Prepares persuasive legal arguments citing USCIS policy and case law.

Turn RFES or NOIDS Into Approvals With Our Help

An H-1B or I-485 RFE, NOID, or denial caused by incorrect resume information can feel devastating but it does not have to end your immigration journey. With the right strategy, documentation, and legal representation, we have successfully helped many people succeed. Contact us today at 305-515-0613 or email info@messersmithlaw.com to discuss your case.

NIW Success Stories: Real Life Examples of Successful NIW Cases: How We Helped Clients Win National Interest Waivers

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The National Interest Waiver (NIW) green card is one of the most powerful immigration options for professionals who can show that their work benefits the United States. Unlike other employment based categories, NIW applicants can self petition which means that they don’t need an employer to sponsor them.

USCIS carefully reviews whether the applicant’s work has substantial merit and national importance, whether they are well positioned to advance their field, and whether waiving the job offer and labor certification requirement is in the national interest.

At our firm, we’ve helped professionals from a wide variety of industries to secure NIW approvals even those who thought they would not qualify. Below are some of our NIW success cases.

NIW Success Case: Public Health Researcher

One client was an epidemiologist working on disease modeling and outbreak prevention. While she did not have a long list of publications, we demonstrated that her research was actively used by US public health agencies to improve emergency response. By highlighting real world impact rather than academic prestige, her NIW petition was approved, allowing her to continue her critical work in the US.

NIW Success Case: Renewable Energy Engineer

Another client, a mechanical engineer specializing in solar panel efficiency, was initially unsure he qualified because he did not hold a PhD. We proved that his innovations were already helping reduce carbon emissions and had been implemented in several US based projects. With strong recommendation letters and evidence of practical contributions, USCIS approved his NIW petition.

NIW Success Case: Financial Technology Specialist

A data scientist in the fintech industry developed AI models to detect fraud in digital banking. Even though his field was not traditionally associated with NIWs, we successfully argued that his work strengthened the US financial system and cybersecurity. His petition was approved and he is now advancing his career in the US.

NIW Success Case: Agricultural Scientist

We also represented an agricultural scientist who worked on developing drought resistant crops. By showing how his research contributed to US food security and was adopted by farmers in regions prone to drought, we convinced USCIS that his work served the national interest. We were able to secure approvals for both his NIW and green card.

How We Help Clients Win NIW Petitions

Our firm has built a strong track record of NIW approvals across diverse industries from healthcare and engineering to finance, education, and technology. We know how to:

  • Highlight the national importance of your work
  • Prove you are well positioned to continue making contributions
  • Frame your achievements in ways USCIS understands and values
  • Draft persuasive legal arguments and recommendation letters
  • Overcome obstacles like lack of publications or traditional recognition

Your Path to Approval Starts with the Right Legal Team

Every client’s story is different, but our NIW success stories show that approval is possible even in non traditional fields. What matters most is how your case is presented. With the right legal guidance, your skills and contributions can be recognized as being in the national interest of the United States.

If you’re considering an NIW petition or have been told you don’t qualify, don’t give up. Contact us today at 305-515-0613 or email info@messersmithlaw.com to discuss your case. Let us help make your NIW success case the next one.

I-485 Notice of Intent to Deny Due to OPT Fraudulent or Scam Employers, INA 212(a)(6)(C)(i), and INA 245(a) or INA 245(c)(2): What It Means and What to Do

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Many international students on F-1 visas use Optional Practical Training (OPT) as a bridge to employment and eventually a green card. But in recent years, USCIS has increasingly issued I-485 Notices of Intent to Deny (NOIDs) citing employment with fraudulent or scam OPT employers. These NOIDs often reference INA 212(a)(6)(C)(i) for misrepresentation and INA 245(a) or INA 245(c)(2) for failure to maintain lawful status.

If you’ve received an I-485 NOID based on OPT fraud or alleged violations, it’s important to understand what it means, the risks involved, and what steps you can take to save your case.

Why Does USCIS Issue I-485 NOIDs for OPT Fraud?

Over the past decade, several fake OPT employers and consulting companies have been exposed for creating fraudulent job offers or “benching” practices. Even students who did not knowingly participate have faced immigration consequences simply for listing these employers on their records.

Common issues that trigger an I-485 NOID for OPT include:

  • Working for an employer flagged by ICE or USCIS as fraudulent
  • Being paid without proper W-2s or payroll records
  • “Benching” (being unpaid or out of status between projects)
  • Failing to update SEVIS with accurate employment information
  • Using third party placement agencies that do not meet USCIS standards

When USCIS finds these problems, they may accuse applicants of status violations or misrepresentation. A list of companies have been accused by the US government of being fraudulent or otherwise violating US immigration laws.

DOJ – Sentencing of Weiyun “Kelly” Huang

  • Chinese Businesswoman Sentenced to 37 Months in Federal Prison for Conspiracy to Commit Visa Fraud. This describes how Huang and her companies (Findream, Sinocontech) allowed ~2,693 foreign nationals to list these companies as employers even though they did no real work, and how those companies provided false verifications, offer letters, payroll/tax documents, etc. Department of Justice

ICE (via DHS) – Indictment of Huang / Findream / Sinocontech

  • “Chinese businesswoman indicted on student-visa, work-visa fraud charges.” This ICE release from 2019 details the charges of conspiracy to commit visa fraud and visa fraud against Findream LLC and Sinocontech LLC; it outlines their scheme: fake verifications, offer letters, advertisements targeting F-1 students. ICE

DOJ – Illinois District Court Document

  • The charging document laying out allegations: that Huang, Findream, and Sinocontech conspired to falsely claim employment for many F-1 and H-1B visa applicants, including false I-983/OPT training plans, payroll, issuance of 1099 forms, etc. Department of Justice

OPT fraud issues have also been associated with

  • Findream LLC
  • Sinocontech LLC
  • AzTech Technologies
  • Integra Technologies
  • Wireclass
  • Andwill
  • Tellon Trading
  • Arecy
  • Masswell / Masswell Development Group
  • CG Max Design
  • Global IT Experts
  • Apex IT Systems Inc.
  • XCG Design
  • Smoothies Technology Inc.
  • New Beast
  • CloudParticle
  • Abroad Intellect Capital
  • Acuty
  • Dealfar
  • Abroad Intellect Capital
  • Prior Media

Legal Grounds Often Cited in I-485 NOIDs

When your case is challenged, USCIS usually cites:

  • INA 212(a)(6)(C)(i): Willful misrepresentation of a material fact – claiming that you misrepresented your employment or violated status.
  • INA 245(a)/INA 245(c)(2): Ineligibility to adjust status – arguing that you failed to maintain lawful nonimmigrant status due to unauthorized employment or fraudulent work.

These findings are serious, and without a strong response, your I-485 adjustment of status can be denied.

What Should You Do If You Receive an I-485 NOID for OPT Fraud?

If you’ve received an I-485 Notice of Intent to Deny (NOID) based on OPT fraud or a scam employer, the worst thing you can do is ignore it or try to handle it alone. A NOID is not a final denial but it is your last chance to save your green card application. You usually have just 30 days to respond, and USCIS expects a detailed, well documented answer.

The first step is to review the allegations carefully to understand why USCIS believes your OPT employer was fraudulent. We have helped clients facing OPT-related NOIDs by building persuasive legal arguments and won their cases. With the right strategy, many applicants have been able to overcome these allegations and move forward to green card approval.

How We Help Clients Facing I-485 NOIDs for OPT Fraud

When USCIS issues an I-485 NOID for OPT fraud, it can feel like everything you’ve worked for is about to collapse. But with the right legal strategy, these cases can often be turned around. Our firm has successfully helped clients respond to NOIDs citing INA 212(a)(6)(C)(i) for misrepresentation and INA 245(a)/(c)(2) for failure to maintain status.

We start by conducting a deep review of your case history to identify exactly why USCIS flagged your OPT employer. Then we build a tailored response that demonstrates you acted in good faith and complied with the rules. We gather critical evidence that proves your employment was legitimate. At the same time, we prepare a legal brief that challenges USCIS’s assumptions and highlights why you remain eligible for adjustment of status.

Our goal is simple: to protect your green card application and prevent USCIS from punishing you for an employer’s misconduct. With our experience and proven strategies, we’ve helped many clients overcome OPT related NOIDs and secured their permanent residency.

Turn a H1B NOID Into a Green Card Approval With Our Help

Receiving an I-485 Notice of Intent to Deny due to OPT employer fraud is serious, but it doesn’t have to end your immigration journey. By responding quickly with strong evidence and legal arguments, you can often overcome these allegations and move forward toward green card approval.

If you’ve received an I-485 NOID citing INA 212(a)(6)(C)(i) or INA 245(a)/(c)(2), contact us immediately at 305-515-0613 or email info@messersmithlaw.com. We’ll review your case, prepare a strong defense, and fight to protect your future in the US.

Notice of Intent to Terminate (NOIT): What It Means and How to Respond

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If you’re an immigrant, student, or exchange visitor in the United States, receiving a Notice of Intent to Terminate (NOIT) from USCIS or SEVIS can be alarming. A NOIT means the government believes there is a reason to end your immigration status, visa program, or benefit. The good news: with the right legal strategy and timely response, you may be able to prevent termination and keep your status.

What Is a Notice of Intent to Terminate (NOIT)?

A Notice of Intent to Terminate is a formal warning that the government intends to end a program, petition, or your legal immigration status. Unlike a simple Request for Evidence (RFE), a NOIT signals that USCIS, SEVIS, or another agency has already identified serious concerns that could lead to termination.

Common Reasons for Receiving a NOIT

You may receive a NOIT for several reasons, depending on your immigration category:

  • F-1 or J-1 students/scholars: Noncompliance with SEVIS regulations, unauthorized employment, or failure to maintain a full course of study.
  • J-1 program sponsors: Failure to meet Department of State program obligations.
  • Employment based petitions: Alleged misrepresentation, failure to meet wage/position requirements, or inability of the employer to support the position.
  • Nonprofit/research organizations: Failure to maintain compliance with sponsorship or program duties.

What Happens After a NOIT?

  • Response deadline: You typically have 30 days (sometimes 15) to respond to the NOIT.
  • Termination: If you do not respond or if the response is insufficient, the government may terminate your program, visa sponsorship, or legal status.
  • Consequences: Termination can lead to loss of status, unlawful presence, bars to reentry, or deportation proceedings.

How to Respond to a Notice of Intent to Terminate

Responding effectively requires more than just submitting documents. It requires a strategic legal defense. Here’s how our firm helps clients facing a NOIT:

  1. Careful review of allegations – We analyze the NOIT line-by-line to identify exactly what USCIS or SEVIS is challenging.
  2. Gathering strong evidence – Enrollment records, financial documentation, employer compliance proof.
  3. Drafting a legal argument – We prepare a detailed attorney brief connecting your evidence to immigration regulations and case law.
  4. Submitting a timely response – Organized, professional, and persuasive to maximize your chances of avoiding termination.

Success Stories

  • J-1 Research Scholar: Received a NOIT for alleged unauthorized employment. We provided proof of institutional approval and program compliance. The Department of State withdrew the termination notice, and the scholar continued his research in the U.S.
  • Employer-sponsored petition: A company faced a NOIT due to wage compliance questions. We submitted legal analysis showing full compliance. USCIS approved the petition, and the employee maintained lawful status.

FAQs About NOITs

1. Can I appeal a NOIT decision?
Yes. If termination occurs, you may appeal or challenge the decision, depending on the type of immigration benefit.

2. Is a NOIT the same as a NOID (Notice of Intent to Deny)?
No. A NOID is issued before a case decision, while a NOIT is about ending an existing status or program.

3. Do I need a lawyer to respond to a NOIT?
Absolutely. A NOIT is a serious matter and failure to respond properly can mean losing your status in the US. We can help craft the right defense and protect your future.

Don’t Risk a Denial. Let Us Protect Your Status After a NOIT

A Notice of Intent to Terminate is a critical warning sign, but it does not have to mean the end of your US journey. With the right evidence, legal strategy, and representation, we have successfully helped many people successfully overcome a NOIT and preserve their immigration status.

If you’ve received a NOIR, every day counts. Don’t risk delays or denials. Call us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. Our team will help you craft a powerful response and take immediate steps to protect your status.