Immigration Lawyer Peter Messersmith

Peter Messersmith is an attorney located in Orlando, Florida. He has been practicing immigration law since 2002 and has represented thousands of immigrants and US businesses with their immigration needs.

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.

Trump’s H-1B Proclamation: What It Means and Alternatives for Employers and Workers

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On September 19, 2025, President Trump issued a Proclamation restricting entry for new H-1B visa holders. This action has raised alarm among US employers, foreign professionals, and international graduates hoping to secure H-1B visas. As an immigration law firm, we explain below what the proclamation does, how it impacts current and future H-1B workers, and what alternatives exist for those seeking to work in the United States.

Key Takeaways from the H-1B Proclamation

  • New $100,000 supplemental fee: Employers must now pay this one-time fee for each new H-1B petition for workers outside the U.S.
  • Current H-1B holders unaffected: The proclamation does not apply to extensions, renewals, or travel for those already in valid H-1B status.
  • Timing: The policy takes effect September 21, 2025 and applies first to the next H-1B lottery cycle.
  • National interest exceptions: DHS may waive the restriction for cases critical to US national security or welfare.

White House Clarification

To clear confusion, the White House confirmed:

  1. The $100,000 fee is not annual, but one-time per petition.
  2. Current H-1B visa holders abroad are not required to pay this fee for re-entry.
  3. The rule applies only to new H-1B visas and not renewals or amendments.

Impact on Employers and H-1B Workers

  • Employers: Recruiting new foreign talent will become significantly more expensive. Employers should evaluate whether roles justify the surcharge or whether visa alternatives may be more cost-effective.
  • Current H-1B employees in the U.S.: Status and work authorization remain valid. Extensions and amendments can proceed as usual.
  • Graduates and foreign professionals abroad: New entries will be subject to the $100,000 fee unless exempted under the national interest waiver.

Alternatives to the H-1B Visa

If the H-1B is now less viable, other work visa options may provide a path forward:

  • O-1 Visa (Extraordinary Ability): For professionals with strong achievements in STEM, business, or the arts.
  • L-1 Visa (Intra-Company Transfers): For employees of multinational corporations moving to US offices.
  • E-2 Visa (Treaty Investor/Employee): Available for nationals of treaty countries investing in US businesses.
  • TN Visa (Canada & Mexico under USMCA): For listed professional occupations, often faster and less costly.
  • Employment Based Green Cards (EB-1, EB-2, NIW, EB-3): In some cases, skipping H-1B altogether and moving directly toward permanent residency is more strategic.

Immigration Lawyer Advice: What To Do Now

  • Stay calm: The proclamation does not cancel current visas.
  • Plan strategically: Employers should review staffing plans for 2026 and consider budgeting for the fee or pivoting to alternatives.
  • Evaluate alternatives early: Certain categories like O-1 or L-1 may fit better for highly skilled workers.

Take Action Now to Protect Your Immigration Future

This proclamation represents one of the most significant restrictions on the H-1B program in recent years. While current H-1B holders are safe for now, new applicants face steep financial hurdles. Employers and workers should evaluate their options, consider H-1B alternatives, and work closely with experienced immigration attorneys to protect their ability to live and work in the U.S.

Call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We can help you determine whether the H-1B is still right for you or whether alternatives like O-1, L-1, E2 or EB1, EB2 or EB3, EB4 or EB5 green cards are a stronger strategy for your future.

Successful Cases for EB-1A Approvals for Engineers Working in the Oil and Gas Sector

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The EB-1A green card is one of the most sought after US immigration options for highly skilled professionals. Reserved for individuals with “extraordinary ability” in sciences, business, arts, education, or athletics, EB-1A allows applicants to self-petition without requiring a U.S. employer or job offer. For engineers in the oil and gas sector, obtaining EB-1A approval can feel daunting but many have successfully demonstrated their extraordinary ability through carefully documented achievements.

At our firm, we have successfully assisted many engineers through the EB-1A process and secured approvals, even in highly technical fields like oil and gas. Below we highlight some examples of successful strategies and outcomes for professionals in this industry.

Why EB-1A Is Challenging for Engineers

Unlike artists or athletes, engineers often don’t have obvious “public recognition” of their accomplishments. USCIS looks for evidence such as:

  • Major awards or recognition for contributions to the industry
  • Memberships in distinguished associations
  • Published research or patents that advanced technology
  • High-paying or critical roles in the industry
  • Contributions of major significance to the oil and gas sector

The key is to translate highly technical work into achievements that USCIS understands as extraordinary ability. That’s where legal strategy and presentation make all the difference.

Successful EB-1A Case Examples for Oil and Gas Engineers

Case 1: Petroleum Engineer with Industry Changing Safety Innovations

One of our clients was a petroleum engineer who had developed innovative safety protocols that were later adopted by several multinational energy companies. Although he had never won public awards, we demonstrated the industry wide impact of his contributions. USCIS approved his EB-1A petition, recognizing that his work had significantly improved workplace safety in oil and gas operations.

Case 2: Chemical Engineer with Patented Refining Technology

Another client, a chemical engineer, had co-developed patented refining technology that increased efficiency and reduced emissions. While his work was highly technical, we highlighted the environmental and economic significance of the technology and its adoption by multiple refineries. By framing his patents and industry recognition as evidence of extraordinary ability, we secured an EB-1A approval without requiring an employer sponsor.

Case 3: Offshore Drilling Specialist Recognized for Risk Management Expertise

A third case involved an offshore drilling engineer who had authored technical papers and served as a sought after consultant for reducing risks in deep water drilling. We used his publications, expert testimonials, and evidence of his leadership roles in global projects to establish his standing as a recognized authority. His petition was approved, allowing him to continue his work in the US energy sector as a permanent resident.

How We Help Oil and Gas Engineers Win EB-1A Green Cards

Our firm understands the challenges engineers face in meeting the EB-1A extraordinary ability standard. We specialize in:

  • Translating complex technical achievements into clear evidence USCIS understands
  • Gathering proof of industry impact and global recognition
  • Preparing persuasive recommendation letters from leading experts
  • Structuring petitions to highlight both technical expertise and real-world significance

With our guidance, engineers in the oil and gas sector have successfully achieved EB-1A approvals, securing their U.S. green cards and advancing their careers in one of the world’s most critical industries.

Secure Your Green Card. Contact Us Before It’s Too Late

If you are an engineer in the oil and gas sector considering an EB-1A green card, know that approval is possible with the right legal strategy. Even without awards or widespread publicity, your technical contributions can be framed as extraordinary achievements.

Contact our office today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your profile, build a strong case, and help you take the next step toward permanent residency in the United States.

I-485 Denied for Criminal Record? What You Need to Know and How We Can Help

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Applying for a green card through Form I-485 (Adjustment of Status) is one of the most important steps in your immigration journey. But many applicants face a difficult roadblock: criminal issues. Even a minor arrest, misdemeanor, or past conviction can trigger serious problems, including a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or outright denial under INA 212(a)(2).

If you’re worried about whether your criminal record will affect your green card application, you’re not alone. This guide explains what types of crimes impact I-485 approval, what options are available, and how our law firm helps clients overcome these obstacles.

Does USCIS Check Criminal Records for I-485?

Yes. As part of your I-485 application, USCIS requires fingerprints and background checks through the FBI, Department of Homeland Security, and other law enforcement databases. Even expunged or dismissed cases can appear in these checks. That means hiding or failing to disclose past arrests can lead to denial for misrepresentation under INA 212(a)(6)(C)(i) and sometimes worse than the crime itself.

What Crimes Can Cause Green Card Denial?

Some criminal issues can make you inadmissible and lead to denial of your I-485:

  • Crimes Involving Moral Turpitude (CIMTs): theft, fraud, domestic violence, etc.
  • Controlled Substance Violations: drug possession, marijuana use, trafficking charges.
  • Multiple Criminal Convictions: two or more offenses with sentences adding up to 5+ years.
  • Aggravated Felonies: serious crimes like murder, rape, or major fraud.
  • DUI or Alcohol-Related Offenses: while not always a bar, multiple DUIs or DUIs with injury can cause denial.

Even arrests without conviction can raise red flags. USCIS officers often issue RFEs or NOIDs to demand police records, court documents, or proof that the case was dismissed.

Can You Still Get a Green Card With a Criminal Record?

Yes. In many cases, you can still succeed. Options include:

  • Criminal Waivers (Form I-601): Available if you can show extreme hardship to a US citizen or lawful permanent resident spouse, parent, or child.
  • Strong Legal Arguments: Demonstrating that your charge is not actually a CIMT or doesn’t trigger inadmissibility under immigration law.
  • Challenging Incorrect Findings: USCIS sometimes misinterprets state law. Our legal briefs have overturned many wrongful inadmissibility determinations.

Real Client Success Stories

  • Case 1: DUI and I-485 Pending
    A client was arrested for DUI while his I-485 was pending. USCIS issued a NOID citing concerns over public safety. We responded with strong legal arguments and evidence. His case was approved, and he received his green card.
  • Case 2: Theft Charge Dismissed, Still Denied
    Another client had a theft charge dismissed years ago, but USCIS still flagged it as a crime of moral turpitude. We successfully argued that dismissed charges cannot form the basis of inadmissibility. USCIS reversed its decision, and the green card was granted.

How We Help Clients With I-485 Criminal Issues

Our firm has extensive experience handling I-485 denials, RFEs, and NOIDs involving criminal records. We:

  • Review your case and identify the exact immigration consequences of your charges.
  • Collect crucial documents to build a defense.
  • Write persuasive legal briefs challenging USCIS misinterpretations.
  • File I-601 waivers when necessary to overcome inadmissibility.
  • Guide you step by step to keep your green card process on track.

Don’t Risk a Denial. Let Us Fight for Your Green Card

A criminal record does not automatically mean your I-485 will be denied, but it does mean you need a strong legal strategy. Many applicants succeed in overcoming these issues with the right approach and evidence.

If you’ve received an RFE, NOID, or denial on your I-485 due to criminal issues, don’t wait until it’s too late. Call us at 305-515-0613 or email info@messersmithlaw.com today. Let us fight to protect your immigration future and help you secure your green card.

Notice of Intent to Rescind Permanent Resident Status: What It Means and How to Respond

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For many immigrants, obtaining a green card (lawful permanent residence) is a dream come true. But sometimes, USCIS may challenge that status by issuing a Notice of Intent to Rescind (NOIR) Permanent Resident Status. This notice means the government believes your green card was granted in error or obtained through fraud or misrepresentation.

If you’ve received a Notice of Intent to Rescind, it’s critical to act quickly. Failing to respond can result in the loss of your permanent resident status and in some cases, removal proceedings.

What Is a Notice of Intent to Rescind (NOIR)?

A Notice of Intent to Rescind Permanent Resident Status is a formal notification from USCIS stating its intention to cancel your green card. Unlike simple RFEs or NOIDs, a NOIR goes after a benefit you already hold.

Common reasons USCIS issues a NOIR include:

  • Alleged fraud or misrepresentation Section INA 212(a)(6)(C)(i) in your original green card application.
  • Marriage fraud or insufficient proof of a bona fide marriage.
  • Discovery of criminal activity or ineligibility after approval.
  • Errors by USCIS in adjudicating your case.
  • Unlawful Immigration Status at Time of Filing (INA 245(c)(2)).
  • Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8)) .

What Happens If You Receive a NOIR?

When USCIS issues a NOIR, you will typically be given 30 days to respond. If you fail to respond or cannot overcome their concerns, USCIS may rescind your lawful permanent resident status.

Consequences may include:

  • Loss of your green card.
  • Being placed in removal (deportation) proceedings.
  • Inability to apply for naturalization (citizenship).
  • Future immigration complications, including inadmissibility.

How to Respond to a Notice of Intent to Rescind

Responding to a NOIR requires a strategic legal defense. Simply sending more documents is rarely enough you must directly rebut USCIS’s allegations with clear evidence and legal arguments.

Here’s how we strengthen responses for our clients:

  1. Analyze USCIS’s claims carefully – We identify the specific legal and factual issues in the NOIR.
  2. Gather targeted evidence – Depending on the specifics of the allegation
  3. Build a legal defense – We prepare a detailed attorney brief citing statutes, USCIS policy, and case law to show why rescission is not justified.
  4. Present a professional response – This will make it easy for USCIS to approve the case.

Success Stories

Success Story 1: OPT Employment & Findream Allegation

A permanent resident received a Notice of Intent to Rescind (NOIR) under INA §212(a)(6)(C)(i) because USCIS alleged misrepresentation in his OPT employment history with Findream. He came to us panicked, fearing deportation. We gathered strong evidence and demonstrated that he was a victim, not a fraudster. USCIS agreed and approved our response, allowing the client to keep his permanent resident status.

Success Story 2: Marriage-Based Green Card with Misrepresentation Claim

A client’s green card was at risk of rescission after USCIS alleged marriage fraud and misrepresentation under INA §212(a)(6)(C)(i). The couple had limited joint documents because of work related separation, leading USCIS to doubt the marriage. We gathered extensive evidence and our response proved the marriage was genuine. The NOIR was withdrawn, and the client’s permanent resident status remained intact.

Success Story 3: Employment Resume Misrepresentation

A skilled professional faced rescission of his green card when USCIS alleged he misrepresented his employment history on a résumé submitted during his immigrant petition process. We conducted a forensic review of his employment records and highlighted discrepancies that were clerical, not intentional. By showing there was no willful misrepresentation, USCIS approved the case, and the client maintained permanent residency.

Success Story 4: Visa Application Misstatement Abroad

A green card holder was accused of misrepresentation after consular officials claimed he failed to disclose a prior visa refusal when applying for permanent residency. He received a NOIR under INA §212(a)(6)(C)(i). The inconsistencies caused by translation errors. USCIS accepted our strong legal arguments, withdrew the rescission, and the client’s green card was preserved.

Success Story 5: Winning Against Dual Inadmissibility Allegations under INA §212(a)(6)(C)(i) and §212(a)(6)(E)

One of our clients faced serious inadmissibility findings under INA §212(a)(6)(C)(i) misrepresentation and INA §212(a)(6)(E) alien smuggling after USCIS alleged false statements in a prior visa application and on his Form I-485. His permanent resident status was at risk of rescission. While mounting a full legal defense against the allegations, we also prepared a Form I-601 waiver based on hardship to his U.S. citizen spouse, ensuring we had every avenue of protection ready. Ultimately, our comprehensive legal arguments convinced USCIS to approve the case outright without the waiver being needed. The rescission was avoided, the inadmissibility findings were overcome, and our client successfully kept his green card.

Success Story 6: INA §212(a)(3)(D) – Alleged Communist Party Membership

A green card holder received a Notice of Intent to Rescind after USCIS alleged he was inadmissible under INA §212(a)(3)(D) for past membership in the Communist Youth League. He had briefly joined during his teenage years in school, unaware of its political implications, and believed it was mandatory for students. USCIS considered this a ground for rescission. We prepared a detailed legal response explaining the involuntary nature of his membership, USCIS accepted our arguments and withdrew the rescission, allowing the client to keep his green card.

Success Story 7: INA §212(a)(3)(A) – Alleged Security Concerns

Another client faced rescission under INA §212(a)(3)(A) after USCIS raised “security concerns” based on a mistaken association with an organization later designated as a threat. In reality, the client had no ties to the group beyond attending a single cultural event years earlier. We carefully documented the nature of the event, provided evidence and highlighted that the statute targets actual threats, not incidental contact. Our legal brief argued that the allegations were unsupported and did not meet the burden of proof required for rescission. USCIS withdrew the allegations, and the client’s lawful permanent resident status was preserved.

FAQs About NOIR and Rescission

1. Can I lose my green card permanently after a NOIR?
Yes. If you don’t respond or USCIS is not convinced by your response, your permanent resident status can be rescinded.

2. Can I appeal a rescission?
Yes. If USCIS rescinds your status, you may fight the decision in immigration court.

3. How much time do I have to respond?
Typically 30 days from the date of the notice. Deadlines are strict.

4. Should I hire an attorney for a NOIR?
Absolutely. A NOIR is far more serious than an RFE or NOID. We can build a strong defense that preserves your green card and avoids deportation proceedings.

Secure Your Green Card. Contact Us Before It’s Too Late

A Notice of Intent to Rescind Permanent Resident Status (NOIR) is one of the most serious challenges a green card holder can face but it doesn’t have to be the end of your journey. With the right evidence, legal strategy, and experienced representation, many clients successfully defend their status and keep their green cards.

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 U.S. permanent residency.

EB-1A Extraordinary Ability Green Card: The 2025 Ultimate Guide

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The EB-1A green card is one of the fastest and most prestigious ways to gain permanent residency in the United States. It is designed for individuals who can demonstrate extraordinary ability in their field whether in science, business, athletics, the arts, or education. Unlike many other green card categories, EB-1A applicants can self petition without an employer sponsor.

In this guide, we’ll explain who qualifies, what evidence USCIS looks for, common reasons for denial, and proven strategies to win approval.

Who Qualifies for an EB-1A Green Card?

To qualify, you must show extraordinary ability demonstrated by sustained national or international acclaim. This is usually proven through:

  • Major prizes or awards (like a Nobel Prize, Olympic medal, or industry award)
  • Memberships in associations requiring outstanding achievements
  • Published material about you in major media or trade journals
  • Evidence of serving as a judge of the work of others
  • Original contributions of major significance to your field
  • Authorship of scholarly articles
  • Display of your work in exhibitions or showcases
  • Leading or critical role in distinguished organizations
  • High salary or remuneration compared to peers
  • Commercial success in the performing arts

You must meet at least 3 of the 10 criteria (or show comparable evidence).

Benefits of the EB-1A Category

  • No employer sponsorship required – you can self-petition.
  • Priority processing – EB-1 cases often move faster than other green cards.
  • Dual intent – you can apply for a green card while on a nonimmigrant visa (H-1B, O-1, etc.).
  • Path to citizenship – once approved, you can apply for U.S. citizenship after 5 years.

Common Challenges with EB-1A Petitions

While powerful, the EB-1A is also one of the most scrutinized categories. USCIS frequently issues RFEs (Requests for Evidence), NOIDs (Notices of Intent to Deny), or outright denials if evidence is not strong enough.

Top reasons for denial include:

  • Weak evidence of “major significance” contributions
  • Generic or repetitive recommendation letters
  • Lack of independent recognition in media or publications
  • Confusing presentation of evidence

Successful EB-1A cases are carefully prepared with organized exhibits, tailored expert letters, and strong legal arguments connecting the evidence to the regulations.

EB-1A Success Stories

  • A biotech researcher with 25 publications and over 300 citations. We provided compelling evidence showing how his research had been widely adopted, backed by a strong legal argument. His case was approved in just three days through premium processing.
  • A tech executive without a PhD, but with a record of leading global product launches, had her EB-1A denied when she filed on her own. We took the case on appeal, demonstrated her critical role and industry wide influence, and secured her approval.
  • An accomplished athlete with multiple international medals received a NOID, even after working with another attorney. When we took over, we highlighted his media recognition and international competition results, and the petition was successfully approved.

How to Strengthen Your EB-1A Petition

Winning an EB-1A extraordinary ability green card is not just about having impressive achievements. It’s about presenting them in a way that convinces USCIS you meet the legal standard of extraordinary ability. Many highly qualified people get denied because their petitions are not organized, not persuasive, or don’t connect the evidence to the law. That’s where the right legal team makes all the difference.

Here’s how we strengthen EB-1A cases for our clients:

  1. Identify your strongest evidence – We review your career in detail to highlight achievements that best match USCIS criteria.
  2. Build tailored recommendation letters – Our team helps tailor your letters from respected experts that go beyond generic praise and instead explain why your work matters on an industry-wide scale.
  3. Demonstrate major significance – We don’t just list publications, citations, or awards—we prove how your work has been adopted, cited, or recognized by others.
  4. Organize the petition strategically – We prepare a polished, attorney written legal brief that connects each piece of evidence to EB-1A regulations, making it easy for the officer to approve.
  5. Anticipate USCIS concerns – We address weaknesses before they turn into an RFE, NOID, or denial.

USCIS officers review thousands of cases, and weak or messy filings often fail. A strong, attorney-prepared EB-1A petition can make the difference between approval and denial. If you’re serious about your EB-1A,

FAQs About EB-1A Green Cards

1. Do I need a PhD to qualify for EB-1A?
No. USCIS looks for achievements and recognition, not degrees. Many business leaders, entrepreneurs, and athletes win EB-1A without a PhD.

2. How long does EB-1A take?
Processing time varies but premium processing takes 15 calendar days.

3. Can I apply while on H-1B or O-1?
Yes. You can pursue a green card while on a temporary work visa.

4. What if my EB-1A is denied?
Even we did not handle your initial filing, we can still file a motion to reopen, appeal, or refile with stronger evidence. Many clients succeed after our help with the right legal strategy.

Don’t Risk Your Future. Let Us Secure Your EB-1A Approval

The EB-1A green card is one of the best pathways to permanent residency for high achieving professionals but it requires a carefully built case. Weak filings often fail, while strong, attorney prepared petitions succeed.

If you believe you qualify for EB-1A or if you’ve received an RFE, NOID, or denial, contact us today at 305-515-0613 or email info@messersmithlaw.com and let us turn your achievements into an approval. Don’t risk your future with a generic application. We’ve helped scientists, engineers, artists, entrepreneurs, and athletes secure EB-1A approvals, and we can help you too.

EB-1 Green Card Processing Time in 2025: What You Need to Know

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Introduction

The EB-1 green card is one of the fastest employment-based immigration options for highly accomplished individuals, such as professionals with extraordinary ability (EB-1A), outstanding professors or researchers (EB-1B), and multinational executives or managers (EB-1C).

But one of the first questions applicants ask is: “How long does it take to get an EB-1 green card in 2025?” The answer depends on your category, country of birth, and whether you file inside the U.S. (adjustment of status) or abroad (consular processing).

In this guide, we’ll break down the current EB-1 processing times in 2025, explain the key factors that affect your timeline, and show how our firm helps clients speed up the process.

EB-1 Green Card Categories and Processing

The EB-1 category is divided into three subgroups:

  • EB-1A (Extraordinary Ability): For individuals in fields such as science, business, education, arts, or athletics who can show sustained acclaim and achievements.
  • EB-1B (Outstanding Professors/Researchers): For professors and researchers recognized internationally with at least three years of experience.
  • EB-1C (Multinational Executives/Managers): For executives and managers who have worked for a multinational company abroad and are transferring to a U.S. office.

Processing times for each can vary depending on USCIS workload and your country of chargeability (India or China often have longer waits).

EB-1 Processing Times in 2025

As of 2025, EB-1 processing times generally fall into these ranges:

  • Form I-140 Immigrant Petition (EB-1A, EB-1B, EB-1C):
    Standard processing: 6–10 months
    Premium processing: 15 calendar days
  • Form I-485 Adjustment of Status (if filed in the U.S.):
    8–14 months, depending on local USCIS field office
  • Consular Processing (if applying abroad):
    6–12 months after I-140 approval, depending on the U.S. consulate

Overall, many EB-1 applicants can complete the process in 12–24 months if no complications arise. However, certain countries may face backlogs in the Visa Bulletin, which can extend wait times.

Factors That Affect EB-1 Processing Time

  1. Country of Birth: Applicants from India and China often face visa retrogression, which can add years of waiting due to high demand.
  2. Premium Processing: Using premium processing for Form I-140 can cut months off your timeline.
  3. Type of Filing: Adjustment of status vs. consular processing may impact your overall timeline.
  4. USCIS Workload: Shifts in government priorities, staffing, and policy changes can delay cases.
  5. RFE or NOID: If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), your case could be delayed several months.

How We Help Clients Speed Up EB-1 Cases

At our firm, we have successfully guided professionals through EB-1A, EB-1B, and EB-1C petitions with efficient strategies to reduce delays. We:

  • Prepare thorough and strong petitions to minimize RFEs and denials.
  • Monitor the Visa Bulletin and provide filing strategies to avoid long backlogs.
  • Assist with premium processing filing and expedite requests in cases of urgent need.

With our experience, many of our clients have secured EB-1 approvals in under 12 months, even in complex cases.

Your Path to EB-1 Green Card Approval Starts with the Right Legal Team

The EB-1 green card processing time in 2025 depends on your category, filing type, and country of chargeability but with the right strategy, you can often secure approval faster than in other employment-based categories.

If you’re considering an EB-1 petition, don’t take chances with delays or denials. Contact us today at 305-515-0613 or email info@messersmithlaw.com to discuss your case. Let us help you build a strong EB-1 petition and move quickly toward your U.S. green card.

I-751 Denial: What It Means and What to Do Next

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If you’ve received a denial notice for Form I-751, the Petition to Remove Conditions on Residence, you’re likely feeling overwhelmed and uncertain about your next steps. Unfortunately, an I-751 denial can lead to removal proceedings but in many cases, it can also be successfully challenged or reopened with the right legal strategy. If you’re asking:

“Why was my I-751 denied?”,
“Why my I-751 denied after RFE?”
“How to file I-751 after divorce”
“What happens if I-751 is denied?”
“Can I stay in US after I-751 denial?”
“Can I refile I-751 after denial?”
“How to reopen I-751 case?”
“I-751 denied what are my options?”

You are not alone. In this article, we’ll explain:

  • Why Form I-751 may be denied
  • What happens after a denial
  • Your legal options (appeals, motions, new filings)
  • How to prevent denial if your case is still pending

Why Was My I-751 Denied?

USCIS may deny your I-751 petition for several reasons. Some of the most common include:

  • Lack of evidence of a bona fide marriage
  • Divorce or separation before filing
  • Missed interview or RFE (Request for Evidence)
  • Late filing without a valid excuse
  • Allegations of marriage fraud
  • Incomplete or incorrect documentation

Even if your marriage was genuine, a weak petition package or failure to respond to a USCIS request can result in a denial.

What Happens If My I-751 Is Denied?

If your I-751 is denied, you could be issued a Notice to Appear (NTA) in immigration court. At this point, you are considered to be in removal proceedings but that doesn’t mean you’ll be deported. You’ll have a chance to defend your case in front of an immigration judge, and in many situations, your green card case can still be salvaged.

The judge may allow:

  • A new I-751 waiver filing (if divorced or abused)
  • Review of a wrongly denied joint petition
  • Submission of additional evidence to support your case

Can I Appeal or Refile After an I-751 Denial?

While there is no formal appeal to the I-751 decision through the Administrative Appeals Office (AAO), you still have several legal options depending on your case:

  1. Motion to Reopen or Reconsider: If you believe USCIS made a legal or factual error.
  2. Re-filing with better evidence: Especially in waiver-based or divorce situations.
  3. Defending your case in Immigration Court: You may still be able to get permanent residency through the court process.

This is the time to speak with us to identify the strongest path forward. USCIS scrutinizes I-751 filings closely so the quality of your documentation is crucial.

How to prevent denial if your case is still pending

If your I-751 petition is still pending, you can take important steps to lower the risk of denial:

  • Get professional legal support: We can spot weaknesses, build persuasive arguments, and present your case in the best possible light.
  • Address complications early: If you are divorced, separated, or have gaps in your evidence, take proactive steps now to strengthen your case before USCIS raises concerns.
  • Be fully prepared for your interview: Understand what officers look for, organize your documents carefully, and make sure your answers are consistent and truthful.

Turn a I-751 Denial Into a Green Card Approval With Our Help

If your I-751 petition has been denied, don’t assume your case is over. We’ve helped many clients reverse denials, refile stronger petitions, appeal the decision and win their case. Whether you filed jointly or as a waiver, we know how to build a compelling argument backed by evidence and legal insight.

Contact our office at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll review your denial, explain your options, and help you take the right next step to protect your green card and future in the U.S.

H1B Visa Refused Under 221(g)? What It Means and What You Can Do Next

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If your H1B visa was refused under section 221(g), you’re not alone. Thousands of applicants each year find themselves stuck in administrative processing, confused about what went wrong and wondering if they’ll ever get approval. Our firm has successfully helped many individuals overcome 221(g) refusals and secure their visas, even in complex or delayed cases. In this article, we’ll break down what a 221(g) H1B refusal actually means, how long it can take, and most importantly how to get your visa back on track.

What is 221(g) in H1B Visa Processing?

A 221(g) refusal isn’t a denial in the traditional sense. Instead, it means that the consular officer was unable to make a final decision on your visa application. It usually results in a request for more documents, background checks, or a more in depth security clearance. Sometimes, it’s triggered by concerns about the employer, job duties, or whether the position qualifies as a specialty occupation under H1B rules.

Many applicants ask:

  • “H1B visa refused under 221(g)—can I reapply?”
  • “How long does 221(g) processing take?”
  • “What documents should I submit to clear 221(g)?”

The answer depends on your specific case, but acting quickly and strategically is key.

Common Reasons for H1B 221(g) Refusal

The most frequent causes of 221(g) H1B visa delays or denials include:

  • Missing or inconsistent employer documents
  • Unclear job duties that don’t clearly meet “specialty occupation” standards
  • Administrative security checks
  • Doubt about the bona fides of the petitioner (employer)
  • Prior visa violations or incomplete immigration history

If your visa was denied at a US consulate (especially in India), this is often where 221(g) issues arise. Officers may issue a color coded slip (often pink or blue) indicating the type of additional processing or documentation required.

What Can You Do After an H1B Visa Refusal Under 221(g)?

If you’ve received a 221(g) notice, don’t panic. This is not the end of the road. Here’s what you should do:

  1. Review the notice carefully. It will usually indicate whether documents are required or if your case is in administrative processing.
  2. Call us at 305 515 0613. A legal review can identify weak points in your petition and help submit a stronger response.
  3. Submit requested documents quickly. The quicker we submit the requested documents the higher the chance. Delays in response can make things worse.

Many ask: “Can I switch to another visa if my H1B is denied?” The answer is: it depends. Options like O-1, L-1, or cap-exempt H1Bs may be possible, but require legal strategy.

Secure Your H1B Visa and Contact Us Before It’s Too Late

At our law firm, we’ve helped countless professionals resolve their H1B visa 221(g) delays whether by assembling better documentation, addressing USCIS concerns about employer and employee relationships, or clearing up specialty occupation issues. We’ve also guided clients through consulate re-interviews and refiling options after denials.

If your H1B was denied or delayed under 221(g) and you’re unsure what to do next, don’t wait. The longer you go without a strategy, the harder it becomes to recover. Call us today at 305-515-0613 or email info@messersmithlaw.com for immediate help. We’re ready to guide you through the process and protect your future in the US.