EB1 Green Card

Substantial transcription for video: 

For updates, see my blog page on Obama's Immigration Action.

Takeaway points for legal immigration from President Obama’s executive action: 

1.      USCIS is “about to” publish the final rule on H-4 work authorization.  That will make it possible for certain spouses of H-1 holders to get work authorization.

 2.      Improving employment-based green card backlogs by:

 a.       Making visa issuance more efficient so no immigrant visas are wasted;

 b.      Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs.  USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field.  USCIS must clear the path to career progression for green card applicants.

 3.      Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).

 4.      Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.”  Unfortunately for India, this is an EB-2 category program requiring several years of wait.  But the following parole program will help:

 a.       Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where: 

 i.They have raised financing in the USA; OR  

 ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research

 5.      Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.”  As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait.  But the parole option above could be helpful.

 6.      Providing clear guidance on L-1B program as to who can qualify. 

 

EB-1C (Multinational Manager) Eligibility and Clarifications

I joined an IT company B abroad and worked for 1 year (Dec' 10 - Dec' 11). I came to US on H-1B (Dec' 11) and am still working with company A (it is the parent company of company B). In both cases I played the role of a manager.
1) Am I eligible for EB-1C (Multinational manager)?
2) In my case since I'm still with the parent company, does the 3 yrs start from the first time I came to US (Dec' 11) or will be from the current time (Oct' 14)? 3) Do software engineers (graduated in engineering) reporting to me qualify as professionals (EB-1C qualifying criteria for managerial role)? If not, what qualifies my role in the IT company as managerial and eligible for EB-1C?
4) What evidences are required from me / the employer to confirm my qualification for EB-1C and also makes it a strong case?

Looks like you should be eligible for EB-1C. In cases like yours, three years are not an issue, if I remember the rule correctly. You can apply. Engineers qualify as professionals. As to the last point about good evidence, let your lawyers worry about it. I cannot write a meaningful answer. 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Do I Qualify for EB-1

I got my Ph.D. (biochemistry and molecular biology) and I have 3+ years of post-doctoral experience. I have 4 publications (3 lead author) in human pathogenic research. Could you please comment on my eligibility for EB-1 or NIW.

My best GUESS is probably not. While NIW/EB-1 should not be a numbers game: how many publications, how many citations..., but it often ends up like that. Given that if you had one publication in a premier journal like Science, that would could count a lot more than 5 or 10 publications in a lower impact factor journal.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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DHS Publishes Proposed Regulation for Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants

[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Proposed Rules]
[Pages 26870-26886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10733]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
Team Notes: 
Green Card: 
Agency: 
Nonimmigrant Visas: 

GC in L1-A Visa

I have 14 years of overall IT experience and performing Manager, Service delivery role for past 3 years. Planning to enter USA in L-1A visa. I have a team of 30 resources, working in Chennai, Shanghai and San Jose. They all report to me.
My Questions:
1. How long I need to wait to initiate the GC process?
2. Do I have a choice of selecting the type - EB-1 vs EB-2?
3. I don't have bachelors or masters degree. Will that be a barrier for applying GC?
4. Should I apply ONLY through my employer or can I apply myself

1. You can apply for green card without any wait.
2.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

Question 1:

 

The husband has a company. Wife and husband are both U.S. citizens, and they want to get her brother over to the United States on some kind of a work related visa. Assuming the husband’s company is small and the brother is professionally qualified can they get him through the husband’s company.

 

Answer will depend on qualifications of the brother, and what sort of a company that her spouse has. For example: Is the company large or small? How many employees? How long has the company been in business? What kind of work do they do? Does the company have any branches outside of the U.S.?

 

Answer:  If the company's business and the brother’s qualifications are both professionally oriented we could seriously think about an H-1 Visa. If there is a branch outside the U.S., then we could get the brother employed outside the U.S. and think about an L-1 Visa in a year. Also under the new laws, as they are being considered, we should be able to have more options than what I have just discussed. So I am right now I am examining the matter only under the current scheme of laws, and H-1 and L-1 are two obvious options. Of course I am assuming that everybody here is an India born citizen of India because if you are citizen of another country you might have other options like E visa, etc. So bearing this in mind, there are some assumptions I am making and I am also clarifying that I am looking at the current schemes of the laws. Future schemes of the laws might be different and might be much more beneficial for us.

 

 

 

Question 2:

 

What is the chance of an L-1A Visa holder with nine years of experience qualifying for EB1 category. Can I apply for a Green Card for myself in the EB1 category?

 

There are three kinds of EB-1's. Let’s start with the EB1 category that is the easiest to understand.

 

1. Outstanding researchers or professors - given the designation of EB-1-2 or EB-1B.

 

Under EB-1, the second category is outstanding researchers or professors.  Basically we are looking for people who are highly qualified in their own field and there are certain criteria. Look at our website for more information.

 

http://www.immigration.com/greencard/employment-based-green-cards/employ...

 

 

 

So one category is for outstanding researchers or professors, for which you need a research or professorial position.

 

Then there is another category EB-1C or EB-1-3 category for international executives and/or managers. People who are on L-1A can pretty much qualify for EB-1C category. This is another great category.

 

Then there is the first category, extraordinary ability aliens. This is not for everyone. Here we are looking for sustained national or international recognition.  Somebody who is hailed as a leader in their business For example,  Bill Gates would qualify, but Rajiv S. Khanna would almost certainly not qualify. So we are looking for people who are nationally and internationally recognized.

 

So the question asked was can I do it on my own out of these three categories. The only one in which you can apply on your own is the first category EB-1A, which is extraordinary ability aliens. You are nationally or internationally recognized, and you have articles written about you and have international awards. Again there is a list of criteria and you have to meet three out of the ten listed criteria or similar. All this information is on our website as well.

 

http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-a...

 

 

 

In your situation the best option is to apply for EB-1C if you can get your employer to apply for you since you are already on L-1A getting a EBC green card is absolutely perfect choice and you got your Green Card within a year. EB1 is the fastest way of getting our Green Card.

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