# Law Office of Jason M. Sullivan, PLLC > https://www.lojms.com > Last Updated: 2026-08-19 At the Law Office of Jason M. Sullivan, PLLC, we provide strategic, attorney-led immigration representation for individuals, families, and professionals throughout New Hampshire. ## Contact - Phone: +1-603-433-1325 - Address: 1 New Hampshire Ave, Suite 125, Portsmouth, NH 03801 ## Locations - Portsmouth, NH - +1-603-433-1325 Areas served: New Hampshire, Manchester NH, Portsmouth NH, Massachusetts, Boston MA, Haverhill MA, Newburyport MA, Maine, Portland ME, Southern Maine - Coral Gables, FL - +1-305-394-6273 Areas served: Florida, Coral Gables, Miami ## Practice Areas - Immigration Law ## Attorneys - Profile: https://www.lojms.com/about-us/ New Hampshire immigration attorney Jason M. Sullivan has earned a reputation for efficient and effective representation of our clients, contact us today. ## Key Pages - Homepage: https://www.lojms.com/ - Attorneys: https://www.lojms.com/about-us/ - Blog: https://www.lojms.com/blog/ - Contact: https://www.lojms.com/contact-us/ ## Social Profiles - https://www.linkedin.com/in/jason-sullivan-927516288/ - https://x.com/JMSImmigration - https://www.yelp.com/biz/law-office-of-jason-m-sullivan-portsmouth-7 - https://lawyers.justia.com/lawyer/jason-sullivan-1821012 ## Reviews - Rating: 5/5 based on 174 reviews ## Practice Area Details ### New Hampshire Immigration Lawyer https://www.lojms.com/ We provide strategic, attorney-led immigration representation for individuals, families, and professionals in New Hampshire and select matters in Miami and South Florida. ### Boston Immigration Lawyer https://www.lojms.com/boston-immigration-lawyer/ Boston immigration lawyer Jason M. 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Our firm has years of experience representing clients as they seek immigration benefits. ### What is a National Interest Waiver? https://www.lojms.com/what-is-a-national-interest-waiver/ (2026-08-13) Contact The Law Office of Jason M. Sullivan, PLLC to schedule a no-risk consultation with an experienced Portsmouth, New Hampshire or Miami, Florida immigration lawyer today. ### What is the Difference Between Lawful Presence and Lawful Status? https://www.lojms.com/what-is-the-difference-between-lawful-presence-and-lawful-status/ (2026-08-12) Call The Law Office of Jason M. Sullivan to talk with a Portsmouth, New Hampshire or Miami, Florida immigration lawyer. Our firm can help anyone with prior immigration violations or unlawful presence. ### What is Immigrant Intent? https://www.lojms.com/what-is-immigrant-intent/ (2026-08-06) The Law Office of Jason M. Sullivan, PLLC, has helped countless immigrants and their families in all sorts of immigration matters. ### Benefits of Strategic Immigration Planning https://www.lojms.com/benefits-of-strategic-immigration-planning/ (2026-08-05) Contact The Law Office of Jason M. Sullivan, PLLC, today. There are many benefits to the type of strategic immigration planning we offer. ### What Are Positive Factors for Adjustment of Status Discretionary Review? https://www.lojms.com/what-are-positive-factors-for-adjustment-of-status-discretionary-review/ (2026-07-30) Call The Law Office of Jason M. Sullivan to work with a Portsmouth, New Hampshire or Miami, Florida adjustment of status discretionary review lawyer. ### Family Unity as a Positive Immigration Factor https://www.lojms.com/family-unity-as-a-positive-immigration-factor/ (2026-07-29) Call The Law Office of Jason M. Sullivan, PLLC today to speak with a Portsmouth, New Hampshire or Miami, Florida immigration lawyer. ### Immigration Fraud Prosecutions Are on the Upswing https://www.lojms.com/immigration-fraud-prosecutions-are-on-the-upswing/ (2026-07-23) The Law Office of Jason M. Sullivan, PLLC, has helped countless foreign nationals with their immigration needs. ### Understanding USCIS Officer Concerns Before Filing https://www.lojms.com/understanding-uscis-officer-concerns-before-filing/ (2026-07-22) Contact The Law Office of Jason M. Sullivan, PLLC to speak with a Portsmouth, New Hampshire or Miami, Florida immigration attorney. ### Community Ties and Adjustment of Status https://www.lojms.com/community-ties-and-adjustment-of-status/ (2026-07-16) Call The Law Office of Jason M. Sullivan to talk with a Portsmouth, New Hampshire or Miami, Florida immigration lawyer today. ## Frequently Asked Questions Q: What makes an EB-1A different from other green card options available to Dartmouth researchers? A: The EB-1A is a self-petition that does not require employer sponsorship and does not require labor certification. It is available to individuals who can demonstrate extraordinary ability in their field through sustained national or international acclaim. This makes it particularly well-suited for independent researchers and faculty who either cannot or prefer not to rely on institutional sponsorship for their immigration pathway. Q: How does USCIS define "extraordinary ability" in the context of an EB-1A petition? A: USCIS requires evidence that the applicant has risen to the very top of their field. The regulatory framework provides ten criteria, and the applicant must satisfy at least three of them. Beyond that threshold, the adjudicator conducts a final merits determination to assess whether the totality of the evidence demonstrates sustained acclaim at the national or international level. Meeting three criteria is the floor, not the finish line. Q: Can Dartmouth postdoctoral researchers qualify for an EB-1A? A: Yes, though eligibility depends on the individual's documented achievements rather than their title or institutional affiliation. Some postdoctoral researchers have published substantially, received competitive grants, or earned recognition in their field that supports a strong EB-1A filing. Others may be better positioned for an EB-2 National Interest Waiver first, with EB-1A as a future option. Attorney Sullivan evaluates each situation individually to determine which pathway is strongest g... Q: How long does an EB-1A petition typically take to process? A: Processing times at USCIS vary based on service center workloads and the use of premium processing. Premium processing is available for EB-1A petitions and guarantees USCIS action within a defined period. Attorney Sullivan works with clients to determine whether premium processing makes sense given the overall timeline and circumstances of each case. Q: What happens if USCIS issues a Request for Evidence on an EB-1A petition? A: A Request for Evidence is not an automatic denial, but it does require a thorough, well-organized response that directly addresses the concerns raised. The quality of the RFE response often determines the outcome. Attorney Sullivan's practice is structured around minimizing RFEs through complete initial filings, but when they arise, he handles the response with the same disciplined preparation that characterized the original petition. Q: Does the Law Office of Jason M. Sullivan handle EB-1A cases for professionals outside academia? A: Yes. While many clients affiliated with Dartmouth are in research and academic settings, Attorney Sullivan also works with professionals in other fields where EB-1A petitions are appropriate, including select cases involving business professionals and artists with documented extraordinary achievement. Cases are evaluated based on the evidence, not the industry. Q: Is there a geographic requirement for EB-1A applicants working at Dartmouth? A: No. The EB-1A is a federal petition evaluated by USCIS without regard to where the applicant lives or works within the United States. Attorney Sullivan serves clients throughout New Hampshire and beyond, providing direct attorney access regardless of the applicant's specific location. Q: Can Dartmouth's own immigration office handle my visa case without separate legal counsel? A: Dartmouth's institutional immigration support exists to serve the university's administrative needs and general compliance. That support can be useful for standard H-1B extensions in straightforward situations, but it is not designed to provide individualized legal strategy for faculty members with complex circumstances, prior immigration issues, or long-term permanent residence goals. An independent attorney represents you, not the institution. Q: How long does the PERM labor certification process typically take for a Dartmouth faculty position? A: PERM timelines vary considerably depending on Department of Labor processing queues, which have ranged from several months to well over a year in recent periods. The recruitment process itself must follow strict timelines before the application is filed. From start to finish, faculty members should plan for PERM to take a year or more before an immigrant visa petition can even be filed, making early planning essential. Q: What happens to my H-4 spouse's work authorization if my H-1B status is extended or amended? A: H-4 employment authorization depends on the principal H-1B holder having an approved I-140 immigrant petition and meeting other regulatory criteria. Any changes to the H-1B, including amendments or extensions, should be evaluated in the context of how they affect dependent family members' employment authorization and status. These are connected filings that require coordinated attention. Q: Is the EB-2 National Interest Waiver a realistic option for junior faculty or postdoctoral researchers? A: It can be, but the strength of the petition depends on demonstrating a track record of meaningful contributions and articulating clearly why the research serves national interests. Some early-career researchers with exceptional publication records, significant grant funding, or work in fields of high national priority qualify. An honest assessment of the evidence before filing is far more valuable than optimistic assumptions that lead to a denial. Q: Can I travel internationally while my green card application is pending? A: Travel during a pending green card application requires an advance parole document if you are adjusting status in the United States. Traveling without advance parole can result in abandonment of the pending application. Faculty members who travel frequently for conferences and research collaboration need to plan carefully around these requirements, particularly when timelines for receiving travel documents can be unpredictable. Q: What is the difference between an EB-1A extraordinary ability petition and an EB-1B outstanding researcher petition? A: The EB-1A requires demonstrating sustained national or international acclaim and does not require a job offer, making it a self-petitioned category. The EB-1B requires demonstrating international recognition for outstanding achievements in a particular academic field, at least three years of research or teaching experience, and a job offer from a university or research institution. Both require substantial, well-organized evidentiary documentation. Q: Is Dartmouth College automatically cap-exempt for H-1B purposes? A: Dartmouth College as an institution of higher education qualifies as a cap-exempt H-1B employer, which means petitions filed directly by the college are not subject to the annual lottery. However, affiliated employers, including certain medical practices, foundations, and related entities, must independently satisfy the criteria for cap-exempt status. An attorney should evaluate each sponsoring entity's qualifications before determining filing strategy. Q: How long does the H-1B process typically take for Dartmouth-area employers? A: Standard processing times vary depending on USCIS service center workloads and the complexity of the petition. Cap-exempt employers can file at any time, which avoids the annual April lottery cycle that governs cap-subject employers. Premium processing is available for an additional government fee and guarantees a decision within a specified business day window, though it does not guarantee approval. Attorney Sullivan discusses realistic processing timelines during the initial consultation ba... Q: What documentation does a specialty occupation determination require? A: The specialty occupation analysis relies on the employer's position description, industry standards for comparable roles, the foreign national's educational credentials, and often expert opinion letters from professionals in the relevant field. Academic positions may also require documentation of how the theoretical and practical application of specialized knowledge is integral to the day-to-day duties of the role, not just incidental to it. Q: Can a foreign national researcher at Dartmouth pursue an H-1B and a green card simultaneously? A: Yes, and in many cases this dual-track approach is advisable. H-1B status allows for concurrent pursuit of permanent residence, and researchers at academic institutions may be strong candidates for an EB-2 National Interest Waiver depending on the nature and impact of their work. Attorney Sullivan evaluates the long-term immigration pathway as part of the initial representation, not as a separate matter. Q: What happens if USCIS issues a Request for Evidence on an H-1B petition? A: An RFE requires a substantive legal response within the deadline specified in the notice, typically 87 days though this can vary. The response must directly address each issue raised and provide additional documentation, legal argument, or both. RFE responses prepared by Attorney Sullivan are built as complete legal briefs, not informal correspondence, because the quality of the response often determines whether the case is approved or denied. Q: Does the firm represent both the employer and the foreign national? A: In H-1B matters, the employer is the petitioner and the primary client. Attorney Sullivan structures the representation to serve the employer's legal obligations while also keeping the foreign national professional informed and prepared throughout the process. Clear communication with both parties is part of how the firm manages H-1B cases from initial filing through approval. Q: What is the difference between an innocent mistake and willful misrepresentation? A: Federal immigration law requires that a misrepresentation be willful to trigger the permanent bar to admissibility. However, "willful" in this context does not require that the applicant intended to deceive. It generally means the applicant knew the correct answer and provided an incorrect one. An innocent mistake, such as misunderstanding a question's scope, may still be scrutinized but is treated differently than a calculated omission. The key is how the situation is explained and documente... Q: Can a misrepresentation finding be waived? A: In many cases, yes, but the availability of a waiver depends on the specific bar triggered and the applicant's circumstances. The most common waiver for misrepresentation-related inadmissibility requires showing that a qualifying relative, meaning a U.S. citizen or lawful permanent resident spouse or parent, would suffer extreme hardship if the applicant is denied admission. The hardship standard is demanding and requires detailed documentation. Not every applicant has a qualifying relative, ... Q: What happens if USCIS suspects marriage fraud during an adjustment of status interview? A: If an officer suspects marriage fraud during an interview, they may refer the case for a Stokes interview, where the petitioner and beneficiary are questioned separately about the details of their relationship. Inconsistent answers between spouses during a Stokes interview can lead to a finding of marriage fraud. A denial on these grounds is among the most serious outcomes in family-based immigration, as it can result in a lifetime bar. Couples whose cases are flagged for this type of scrutin... Q: If a notario filed my application with errors, am I responsible for the misrepresentations? A: Legally, the applicant is responsible for the contents of their own application regardless of who prepared it. USCIS does not generally treat reliance on an unauthorized preparer as a full defense to a misrepresentation finding. However, the circumstances of how the application was prepared can be relevant to a subsequent legal strategy, particularly in demonstrating that the omission was not willful. Applicants in this situation should document everything they know about the preparer and the... Q: Does a prior visa overstay automatically count as misrepresentation? A: A visa overstay alone is not misrepresentation. However, failing to disclose a prior overstay when asked on a subsequent application can constitute misrepresentation. Additionally, the overstay itself may trigger separate grounds of inadmissibility based on unlawful presence, which carry their own bars and potential waivers. The interaction between the overstay bar and any misrepresentation bar needs to be analyzed together, not separately. Q: Can I travel internationally while a waiver application is pending? A: For most applicants in the United States who have filed a waiver application, international travel while the case is pending would typically trigger the very bars the waiver is meant to overcome, or could be treated as abandonment of the pending application. The specific posture depends heavily on the applicant's current immigration status and the type of waiver pending. Travel decisions in these circumstances should never be made without legal guidance. --- Detailed version — see https://www.lojms.com/llms.txt for summary Generated by MileMark Schema Pro