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Frequently Asked Questions - EB1 Green Card

EB1 Extraordinary ability

I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

Outstanding researcher

I'm a researcher at a university and I will probably try to apply for EB1, Outstanding Researcher. I'm currently on an H-1 (since Oct. 2007). Are there certain stages in the process in which I won't be able to travel outside the US?

I cannot think of any stage at which you cannot travel. Good luck!

US embassy denial

I have my EB2 approved by the USCIS, do I still get the chance to be denied by the US embassy for the consular interview?

It is unlikely, but possible.

Employment Based Self Application

1. I have an H-1B visa which it is going to end in October 24,2013. My employer doesn't want to sponsor me for a Green Card, because they said that they only sponsor their managers. Although, their AT&T client doesn't want to lose me. Also, I would like to let you know that I came to US with a F-1 visa,got a Master degree in Business/Computer Information Systems, I have a Bachelor degree in Computer Information Systems (Peru). I would appreciate to know if I can apply it by myself and what chances do I have to get it and in case that I can apply by myself what are the steps to follow.

2. My Master Degree from a US University is not valid, even my work experience which is more than 10 years 6 years here in US and 6 years in Peru. Is it because I am from South America? I would appreciate a better explanation why I don't qualify.

1. Under the current laws, self-application seems not to be an option for you.

2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.

Do note, if a set of new immigration laws gets passed, all this could change. To keep track of developments in the pending immigration law reform, follow this link: http://www.immigration.com/comprehen...on-reform-2013<

Review these links:
EB-1A: http://www.immigration.com/greencard...international-<

National INterest Waiver: http://www.immigration.com/greencard...terest-waivers<

EB-5 Investment: http://www.immigration.com/greencard...ent-green-card<

Contacting USCIS when EB-3 is Changed to EB-2

How do I contact the ">USCIS Service Centers to inform that a priority date is current, that an EB case has been upgraded from EB-3 to EB-2, or that dependents have been separated from the principal applicant’s petition?

Send an email to the Nebraska Service Center at NCSCfollowup [dot] NSC [at] dhs [dot] gov (NCSCfollowup [dot] NSC [at] dhs [dot] gov) or the Texas Service Center at TSC [dot] NCSCfollowup [at] uscis [dot] dhs [dot] gov (TSC [dot] NCSCfollowup [at] uscis [dot] dhs [dot] gov)<.  Make sure to include the Case Number and A# of the beneficiary(s).  If applicable, attached scans of any notices for the USCIS to reference.

L-1A to EB-1

I am on L-1A (been about 4 years) from company A and in closing stages of getting a very good offer from company B. Both A & B are global corporations. For company A, I oversee business across continents (Both North America & Latin America). Company B is very keen on having me on board.
1. What are all the possible options on visa front so that I can join company B?

2. What is the quickest option that can help me get on to company B?

3. If I want GC, can company B file for it when am still on payroll of company A - if so, can it be EB-1?

Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).

L-1A Visa and Green Card Application

What is the chance for a L-1A visa holder of 9 years experience (2 years in USA) to qualify for a EB-1 category. Catch here is the original company which provided the L-1A visa will not apply for GC. Can I apply for GC myself in EB-1 category?

You or any company not a part of the L-1A employer cannot apply for green card based upon your international manager/executive status.

 

Premium Processing not available to multi-national executives and managers

Why is Premium Processing not available to multi-national executives and managers? To exclude this group of aliens seems arbitrary and counter-intuitive.

USCIS has not yet finalized the system and has not announced when it will begin.

Premium Processing for EB-1-3

Has ">USCIS provided an update on premium processing for EB-1-3 multinational managers and executives. At the ">AILA conference in Nashville, it was reported that it would be available by the end of the fiscal year.

USCIS does not anticipate expanding Premium Processing Service to include EB-1-3 multinational executives and managers for the foreseeable future.

L-1 A to Greencard

I work for company A for the last 7 years. I have been a manager with the same company for 5+ years. I am now in US for past 1 year on L-1 A Blanket visa. My current employer is not agreeing to file my GC. Some one told me that the scenario listed below is possible.
Scenario: Identify a new employer who is ready to sponsor my GC. Since GC is about future permanent employment, that employer can directly file my EB1. I can join the new employer once my EAD comes through. Is this possible?

Not entirely true. The GC IS for a future job. An employer CAN, based upon a good faith intention to hire you in the future, file a GC for you even while you are not working for them. But, an EB1 for an international manager/executive can only be filed by a company related to the company you worked for when you were outside USA.

L-1A holders trying for EB-1

I have 6 years experience with the same company with 4 years experience in US itself. I am on L1A visa and I have only a 4 year Bachelor Computer Science engineering degree. What GC category will I fall under?

L-1A holders should try under EB1. You could be done in a year.

Green card for L1-B or L1-A holders

I currently have a L1-B visa and I'd like to know if the company where I work(a Brazilian company where I did work for 2 years, one of them in a managerial position before coming to the U.S in 2009) could apply to change my status from L1-B to L1-A at the same time as filing my GC application.
The company is a giant in Brazil with 600 employees but we are still starting the operations in the U.S and I'm the only employee here.

Smaller companies can have a tough time getting an L-1A.

EB-1: 1 year in 3 years preceding the petition

I have been with the same company for 4 years as a manager (overall industry experience 11 years today). I joined the company in India, stayed there for 1.5 years, moved to US 2.5 years back. I read that "1 year employment outside the USA should be in the 3 years preceding the petition". All of my 12 months does not fall into the last 3 years. What are my chances of qualifying for EB-1?

There may be an exemption if you continued working with a related company ever since you came to USA.

EB-1 for a visual artist

I am a visual artist and have the master degree in art. I exhibited in several countries including US , Canada , Greece etc..33 Years old..Worked as an assistant professor in Germany duration 1 year. Can I apply for EB-1?

That by itself may not be enough. You need to have evidence of sustained national/international acclaim.

EB1 - stay requirements

Is there any rule that necessitates an EB1 Green Card holder to stay for a certain number of days in the USA every year? I travel frequently to various parts of the world for concerts or professional business. Will this impact on my Green Card status in anyway? I still file my taxes in the USA though.

All green card holders are required to make USA their permanent home. Otherwise, their green card can be taken away. Look into the option of reentry permit.

EB 1 approvals

I am Physician turned Business man in Pharmaceutical business feild with outstanding acheivements and almost 8 international and national awards in recognition of my contributions in the feild of business. I live outside of USA and got my EB1 approved in 21days time in Dec 09. I am looking forward to Consular process now. However, it is taking so long and I applied for I-824 now requesting ">USCIS to forward the copy of EB1 Approvals to ">NVC for consular processing. I would like to know how long it might take for me to obtain my Green Card and start living in the United States.

Typically, anywhere from 5-6 months to a year.

L1A to EB1 from outside USA

I have completed 6.5 yrs in L1A in managerial role. Now the same employer wants me to stay outside of USA for few months.
1)Can we apply EB1 while being outside USA?
2)Do we have to apply for L1 A extn for remaining 6 months of 7 yrs while applying for EB1?
3)Can a new employer sponsor L1A and apply for EB1 while entering the country?

EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.

Chances of L1A to EB1

What is the chance for a L1A visa holder of 7 years to qualify for a EB1 category. Catch here is the original company which provided the L1A visa will not apply for GC. If the person moves to another company on H1 Visa can the new company file for GC under EB1 based on the previous 7 years of L1A status .

No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.

EB-1 Visa Processing for medical doctors

I am working towards filing under EB-1 green card, currently on H-1B. Is there a certain number of publications in peer reviewed journals, presentations at international meetings that would make the application more likely to go through than not?

Number of publications, impact factor of journals and number of citations - that is what they look at these days.

Outstanding researcher

I'm a researcher at a university and I will probably try to apply for EB1, Outstanding Researcher. I'm currently on an H-1 (since Oct. 2007). Are there certain stages in the process in which I won't be able to travel outside the US?

I cannot think of any stage at which you cannot travel. Good luck!

EB1 Extraordinary ability

I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

Considering EB-1 application (research)

I have been working as part of a research group in a bank over the last 4 years. I am a ranked research analyst on wall street and My work has been quoted in popular media, our research has been uploaded to government organisation webpages and have been referenced by government officials. I have also published 50+ articles over the last 2 yrs. The catch is that I may be moving from a research role to a trading role (my primary function will not be research). What do you think my changes are for EB-1 (b) and would this change totally eliminate me from applying?

There are two ways to approach this: Extraordinary ability alien (where the position need not be connected with research) and Outstanding Researcher, if you intend to go back to research upon approval of your green card.

If my company applies EB1

If my company applies EB1 this month (Aug, 09), and everything goes well, by when should I expect my green card? What are the disadvantages of applying under EB1?

Too many variables. IF the priority dates remain current AND IF USCIS follows its average processing times and IF you file I-140 premium processing concurrently with your I-485, you MAY get green card approval within one year. I see no disadvantage.

I was married 9 years ago, getting divorced - EB1

I was married 9 years ago and am now getting divorced. My wife’s green card was granted on the basis of my EB1 filing. To ensure that her GC remains valid, is there a period of time that we need to wait after the GC approval date before filing for divorce? If there’s no such requirement, is it okay to state that we separated over a year ago (prior to the GC approval) on the divorce papers?

First rule of all immigration filings is to state the truth. As to how they will view separation, I do not know if there is any specific law on this out there. My GUESS is, separation is NOT divorce. There can always be reconciliation. Hence, she should be permitted to keep her green card.

EB-1 derivative green card delayed

My company filed an EB1 in 2005 for me; my wife was part of the same filing. I received my Green Card in April 06 but my wife’s application is still pending. We contact the USCIS every 6 month and each time they send a standard letter telling us to check back in 6 months. Actually, one time the letter said check back in 3 months but the last letter went back to the normal 6 months. She went for fingerprinting in 2006 and 2007 but we have not received any requests since then. Is there anything that we can do?

Contact your Congressman. See the suggestions on this page: http://www.immigration.com/issues-relating-delays-various-immigration-ma...<

L-1B applying for green card

My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months

True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.

Is employment required for EB1 extraordinary ability applicants?

Does a person with EB1 Extraordinary Ability category I 140 approved , require employment letter during I-485 filing ?

The short answer is no, but it helps. An offer of employment helps to show that you will continue to work in your own field and that you can support yourself and your dependents (if any).

Investment based green cards

I want to know whether our federal bank (reserve bank of India) is allowing this US $500,000.00 for investment in U.S.A. Then I will ask some more questions like whether it is easiest way to get green card and whether our money is safe in investment (in the regional projects) and the total expenses upto green card release level (apart from us$500,000.00)

We practice US laws so I have no idea about RBI permissions. Safety of money is not guaranteed in any of the trusts that I know of. After all, this is an investment, not a fixed deposit or a CD in a bank. For businessmen with established businesses, L-1A and then EB1 is usually the better option.

Obtaining H-1 Extension beyond 6 years

My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.

H-1 extension beyond six years can be obtained under two circumstances:

First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:

- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and

L-1B applying for green card

My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months

True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.

Criteria for Outstanding Researcher/Professor Category

Preliminary requirement: The applicants must be able to document at least three years of experience in teaching and/or research in the specified academic field and that they are "recognized internationally."

Generally speaking, experience in teaching or research while working on an advanced degree will not satisfy the three year requirement.

Pointers for EB1/NIW filings

The following pointers have emerged from recent cases and comments from USCIS:

1. Make sure you document the citation records (to show how many hits the journal gets), impact factor and circulation figures of the journals in which your publications appear.

2. (This we already knew) Recommendations from people who know you personally carry less weight than from those who know you by reputation.

3. Emphasize/document the "international" nature of your accomplishments.

Filing EB1 while EB2 AOS is pending

I am thinking about applying for green card under EB-1A or EB-1B. Currently I have an approved I-140 (2005, EB2). I have a few questions:
Q.a) Is the EB1A or EB1-B I-140 premium processed?

Q.b) Do I need to submit another set of I-485 with the EB-1 application even though the EB-2 I-485 are pending with USCIS?

Q.c) Which option would be better for me - EB-1A or EB-1B? I am currently an associate professor at XXX University.
 

Basic Criteria for Extraordinary Ability

This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.

Nonimmigrant Visas
Green Cards
Common Topics
Professions