Frequently Asked Questions - Employment Based Green Cards

EB1 Green Card (41)

EB2 Green Card (96)

  1. EB-2 Visa for a Veterinary Assistant
  2. Contacting USCIS when EB-3 is Changed to EB-2
  3. Green Card Eligibility Under EB-2 Classification
  4. Completed Master's Degree in One Year
  5. Qualifying Degrees for EB-2
  6. Trying for EB-2
  7. Eligible for EB-2
  8. Restart the green card under EB-2 category
  9. Avoiding PERM through EB-2 category
  10. EB2 Master's equivalency and employer
  11. EB-3 to EB-2 with the same employer
  12. Am I eligible for EB-2 or is it too early for green card
  13. Do I qualify for EB-2 ?
  14. Chances to get EB2 with B.Sc.
  15. EB-2 experience
  16. Switching Jobs after I-140 approval
  17. Green Card Expenses
  18. EB-2 Question
  19. Job description for the EB-2
  20. Perm process during OPT
  21. EB-3 category
  22. Can I apply GC in EB-2 category?
  23. Am I eligible for EB2?
  24. EB-2 category eligibility
  25. EB-2
  26. EB-2 eligibility
  27. Accredited degrees
  28. Can I change jobs and file PERM and I-140 under EB-2
  29. EB-2
  30. Job Change after I-140
  31. Filing EB-2
  32. Eligibility for EB2
  33. EB2 Eligibility
  34. EB3 to EB2 Portability
  35. EB2 qualification with MS
  36. Masters in Computer Science and EB2 eligibility
  37. Regarding GC application after PhD
  38. Can EB3 PD be carried to new EB2?
  39. EB2 - Eligibility
  40. EB2 Schedule A question
  41. EB2 Qualification
  42. EB-2 with ChE MS + 2 yrs exp
  43. EB2 eligibility
  44. EB-2 with three years bachelor's degree
  45. EB2 or EB3
  46. GC Processing and EB2
  47. EB2 and Clinical Specialist
  48. EB2 Eligibility
  49. EB2, volunteer work counted as an experience?
  50. EB2 eligibility
  51. If one has an approved I-140
  52. GC and EB2
  53. EB2 eligibility for advanced degree occupational therapist
  54. EB2 Priority Date Cross Changeability...
  55. EB2 for a State job
  56. EB2 with online masters degree
  57. EB-2
  58. PERM is approved under EB2
  59. EB2
  60. EB-2 Eligibility
  61. Cross chargeability
  62. US embassy denial
  63. PERM classification EB2
  64. EB3 to EB2 and I-140 Refile
  65. 10+3.5 years diploma + 3 years BS
  66. EB1 Extraordinary ability
  67. EB2 from EB3 qualification
  68. Master transcript as degree
  69. When does education become ground for denial - EB-2
  70. EB2 Qualification
  71. EB2 Qualification
  72. Occupational Therapist and EB2
  73. 3 years of experience in IT field and completing a Masters degree - EB2
  74. Impact of the new I-140 regulations
  75. J-1 Physician applying for following to join after waiver
  76. Automatic EAD extension; I-485 EAD
  77. Processing Times Involved in NIW
  78. The Proposed I-140 EAD Rule - FAQ's
  79. Physician filing green card
  80. Regarding Form G-884 (Returns of original documents)
  81. Green card through a future job
  82. How soon can I change employers after getting green card?
  83. How to get a copy of I-140 approval
  84. Green card through two employers and future employer
  85. Procedure for Porting a Priority Date from One I-140 to Another
  86. Changing from EB-3 to EB-2 Category
  87. Changing Jobs During Green Card
  88. Concurrent AOS filing for EB-2 Physical Therapist
  89. Obama's Immigration Action EAD At I-140 Stage
  90. Cross-Chargeability
  91. Writ of Mandamus for Govt. Delays
  92. Indian Experience While Filing PERM
  93. EB-2 or EB-3
  94. GC in L1-A Visa
  95. EB-2 and 3+2 Pattern of Education
  96. Exhibiting Immigrant Intent

EB4 Green Card (1)

EB4 category is for religious workers.

  1. Green Card Without Employer's Support
  2. Foreign Labor Certification Questions and Answers
  3. Registered Nurse
  4. DS-260 Immigrant Visa Electronic Application
  5. Employment Based Self Application
  6. Contacting USCIS when EB-3 is Changed to EB-2
  7. Ability to Pay Wages when Priority Date is in the Middle of the Year
  8. Completed Master's Degree in One Year
  9. Premium Processing for EB-1-3
  10. O Visa Applicant Applying for Green Card
  11. VisaScreen
  12. Green Card for RN
  13. EB-3 category
  14. I got my BSN in the US
  15. Job Change after I-140
  16. Visa Retrogression - Nurses
  17. LPN applying for green card
  18. I am an International student, with F-1 visa
  19. EB3 to EB2 and I-140 Refile
  20. EB1 Extraordinary ability
  21. J-1 Physician applying for following to join after waiver
  22. Effect of Divorce on Employment-Based Immigration
  23. EB-1C Green Card For International Manager Or Executive
  24. EB-1A Directly from India and Green Card
  25. Remedy for Denial of I-485 AOS
  26. What is I-485 Pre-adjudicate/Pre-adjudication and How soon must I join my future green card employer
  27. October 2015 Visa Bulletin Confusion FAQ's
  28. Green card through a future job
  29. Requirements for Extension of H-1 beyond 6 years
  30. How soon can I change employers after getting green card?
  31. Green card through two employers and future employer
  32. Status of the H-4 EAD regulations
  33. Filing PERM using experience gained with same employer
  34. Procedure for Porting a Priority Date from One I-140 to Another
  35. Changing from EB-3 to EB-2 Category
  36. Changing Jobs During Green Card
  37. Change in Job Titles/Duties During Green Card Process
  38. Obama's Immigration Action EAD At I-140 Stage
  39. Obama's Immigration Action - EB-3 Quota
  40. Discrepancies In Date Of Birth Information
  41. EB-1C (Multinational Manager) Eligibility and Clarifications
  42. Travel During Pendency of I-829
  43. The pending rules for EB-1
  44. EB-2 or EB-3
  45. GC in L1-A Visa
  46. EB-2 and 3+2 Pattern of Education
EB1 Extraordinary ability

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.

Impact of the new I-140 regulations
Writ of Mandamus against delay

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=333

FAQ Transcript:

Writ is simply order of the court or a formal order.

Outstanding researcher

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

US embassy denial

It is unlikely, but possible.

The pending rules for EB-1
The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations.
The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations. - See more at: http://www.immigration.com/comment/13356#comment-13356
Employment Based Self Application

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.

Contacting USCIS when EB-3 is Changed to EB-2
L-1A to 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

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

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

Premium Processing for EB-1-3

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

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

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

Green card for L1-B or L1-A holders

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

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

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

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

EB1 - stay requirements

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

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

L1A to EB1 from outside USA

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

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

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

Outstanding researcher

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

EB1 Extraordinary ability

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)

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

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

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
L-1B applying for green card

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?

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

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

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

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.

F-1 Student Directly Filing for a Green Card

There is nothing in law that stops an F-1 student from directly filing for a green card. But, exhibiting immigrant intent while on an F-1 visa can raise some issues that should be discussed and planned for with your lawyers.

EB-1C Green Card For International Manager Or Executive

EB-1C green card can be applied only through an employer that is a member of your the group of companies that you are currently working for on L-1A. To apply through an unrelated company, you will need to go through EB-2 or EB-3 categories.

EB-1A Directly from India and Green Card

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

2.  Yes, self petition is possible under EB-1A.

3.  Usually, it takes appx a year for the whole process.

4.  EB-1A IS a green card category.  Nothing else is needed.

5.  See 3 and 4.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Green card through a future job

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

Considerations for AC21 job portability

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/GtOqgqgEG6I?t=242

FAQ Transcript

Changing Jobs During Green Card

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

EB-1C (Multinational Manager) Eligibility and Clarifications

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. 

Do I Qualify for EB-1

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.

GC in L1-A Visa

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

EB-2 Visa for a Veterinary Assistant

You can qualify for EB2 only if two conditions are met:

1. Your degree is equivalent to a U.S. advanced degree (a credentials evaluation service needs to assess that under proper standards); and

2. The job requires an advanced degree or equivalent experience.

Contacting USCIS when EB-3 is Changed to EB-2
Green Card Eligibility Under EB-2 Classification

A Beneficiary’s degree must be from an accredited university in order for the Beneficiary to be considered eligible for a Green Card under EB-2 classification. Evidence such as SEVIS certification or state board approval, which confirm that the university is a legitimate educational institution, is not sufficient to show accreditation for Green Card purposes.

Completed Master's Degree in One Year
Qualifying Degrees for EB-2

In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:

1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.

Trying for EB-2


The AMIE is iffy. In fact I recall an AAO decision that said they will not recognize AMIE, but then a more recent decision was a bit more wishy-washy. Anyhow, I think an EB2 must be tried. The MTech will help.


Eligible for EB-2
Restart the green card under EB-2 category

People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.

Avoiding PERM through EB-2 category

You can avoid the need for PERM through EB-2 only if you are applying for a National Interest Waiver.

EB2 Master's equivalency and employer

It all begins with the lawyers. So, make sure your counsel are meticulous and plan for every possible eventuality they can think of. The job HAS to be described truthfully.

EB-3 to EB-2 with the same employer

You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.

Am I eligible for EB-2 or is it too early for green card

You are certainly eligible for EB2 and you must apply as soon as possible. Professorial jobs can reuse existing advertisements if they file PERM within 18 months of when the job was offered to them. You should also have your resume assessed for a simultaneous EB1 application.

Do I qualify for EB-2 ?
Chances to get EB2 with B.Sc.

Your degree must be equivalent to a US Bach. degree. Incomplete degrees are not counted for EB2.

EB-2 experience

Continuous employment is not required, but you can use the experience with the same employer ONLY if the job you used to perform and the job you will perform after the green card are more than 50% different.

Switching Jobs after I-140 approval

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.


2. No.

Green Card Expenses

The employer is bound by law to pay for all expenses, including legal fees, associated with the PERM process (but not the rest of the green card process).

EB-2 Question

You could qualify for EB-2 under BS + 5.

Job description for the EB-2

It is possible to use the after-acquired skills only if the job in the past and the green card job are more than 50% different.

Perm process during OPT

This question requires your lawyers to assess the case. Generally speaking nothing stops you from filing a PERM application while on OPT and an Eb2 appears possible.

EB-3 category

It is possible, but the green card will have to be started again from PERM.

Can I apply GC in EB-2 category?

Diplomas are unpredictable. I think EB-2 is doubtful.

Am I eligible for EB2?

You appear to be qualified for EB-2.

EB-2 category eligibility

The minimum requirements for the job are 2 years exp. This job does not qualify for EB-2. You do.

EB-2

It is possible, but your lawyers must assess which route is best for you: evaluate the two degrees to be equiv. to a Bach. and use Bach + 5 for EB-2 OR just use the Master's degree (risky).

EB-2 eligibility
Accredited degrees

Your lawyers are right in that CA is not accepted as education by USCIS. Speak with a credentials evaluation agency about Master's degrees.

Can I change jobs and file PERM and I-140 under EB-2
EB-2

You COULD qualify for EB-2 depending upon your qualifications and the job requirements. If you leave before I-140 is approved, you may get nothing out of the process. But leaving after I-140 approval gets you your priority date to carry forward.

Job Change after I-140

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

Filing EB-2

You need to speak with your lawyers to decide on the timing of the filing. For EB-2 a requirement of minimum Master's degree or in the alternative Bach. + 5 years of post bach experience qualifies you for an EB-2.

Eligibility for EB2

Depends. If the SE diploma is post graduate (not available for undergrads) AND recognized - you MAY be eligible for EB-2.

EB2 Eligibility

If your BS and MS are in the same field and are related to your work, EB-2 should work.

EB3 to EB2 Portability

Theoretically, this is possible. As to the practical implications, you must speak with the lawyers who will represent you in the second green card process.

EB2 qualification with MS

Yes, you qualify for EB-2, unless the alternate requirements, if any, for the job are less than Bachelor's + 5 years exp.

Masters in Computer Science and EB2 eligibility

If the job requires a Master's degree - yes.

Regarding GC application after PhD
Can EB3 PD be carried to new EB2?

It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.

EB2 - Eligibility

Under EB-1, probably no. Under EB-2, unlikely, but have your lawyers review.

EB2 Schedule A question

If you are qualified, you can apply for Schedule A. I cannot think of any way the PERM denial or layoffs could cause any issues and there should be no waiting to file.

EB2 Qualification

Assuming BTech is a 4-year degree, it looks like you are eligible for EB-2.

EB-2 with ChE MS + 2 yrs exp

You qualify for EB-2, of course, whether or not a promotion is required is entirely up to your lawyer and the employer to determine. Any position that requires an MS OR BS = 5 years experience (progressively responsible) qualifies for EB-2 filing.

EB2 eligibility

Yes, you are eligible for EB-2.

EB-2 with three years bachelor's degree

Usually, you are NOT permitted to put together two 3-year bach. degrees. So, it appears unlikely you will qualify for EB-2.

EB2 or EB3

Generally speaking, if BS and MS are in the same or similar fields, you should be able to combine them to arrive at a 4-year degree for EB2 purposes. You should have a shot at EB2.

GC Processing and EB2

For people born in countries that have an EB2 backlog, times can vary greatly from 3-4 years to longer depending upon a number of variables. One big advantage of getting at least to the I-140 approved stage is that you can carry your priority date to the next employer and get H-1 extension beyond six years.

EB2 and Clinical Specialist

Under the current law, it is possible to use the expience gained with the same employer if the labor certain job is more than fifty percent different from the earlier positions held with the same employer. Only a competent lawyer can help you assess the chances.

EB2 Eligibility

With a four-year Bach. Degree and more than five years of post Bach experience, you should be able to have a shot at EB2.

EB2, volunteer work counted as an experience?

GENERALLY speaking, for EB-2, there is no requirement that I know of mandating paid experience. Volunteer experience could potentially be used.

EB2 eligibility

You will need 5 years of post-bachelor's experience. Certifications do not usually help.

If one has an approved I-140

No, the job does not have to be similar. The green card has to be done again, but the PD can be ported to any job and category (EB1, EB2, EB3).

GC and EB2

You can apply for EB2 if the job requires Bach. with 5 years of post bach. exp. and yes, you can use cross chargeability. Discuss details with your lawyers.

EB2 eligibility for advanced degree occupational therapist

In my opinion, if your job requires an advanced degree, you can apply for EB-2.

EB2 Priority Date Cross Changeability...

Yes, that is correct. This is referred to as "Cross Changeability."

EB2 for a State job

You are correct. You will not qualify for an EB2 unless the job also legitimately requires a post graduate degree or Bach. with five years of experience at a minimum.

EB2 with online masters degree

The key here is to find if the degree is accredited. Get together with the school.

EB-2

The job must also require (genuinely) EB-2 level qualifications.

PERM is approved under EB2

There are some variables. Generally speaking, if the BTech is supposed to be a 4-year degree and you got it in three because of your diploma, you should be fine.

EB2

The biggest delay for most people is in the priority date movement. Check out the Visa Bulletin and the PERM processing times. That should give you a good idea.

EB-2 Eligibility

Impossible to predict. It all depends upon the type of degrees and the language used in the Form ETA 9089

Cross chargeability

Cross changeability is possible if your spouse was born in a country other than your country of birth. She can file her I-485 only if she is in USA.

US embassy denial

It is unlikely, but possible.

PERM classification EB2

As long as the job requires a Master's degree and you have earned that degree by the time you file your PERM, you should be able to get EB-2.

EB3 to EB2 and I-140 Refile

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

10+3.5 years diploma + 3 years BS

I think your worry is well founded. These type of cases are difficult to get approved. I am commenting in general because I do not know the exact facts. Discuss your concern with your lawyers and if possible, get a response in writing.

EB1 Extraordinary ability

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.

EB2 from EB3 qualification

The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.

Master transcript as degree

Generally speaking, under immigration law we focus on when the degree was completed - NOT when the formal diploma was conferred. Speak with your lawyers.

When does education become ground for denial - EB-2

Your education/qualifications are USUALLY questioned in great detail at the I-140 stage. But USCIS or DOL can question any of these matters at any stage. I have seen approved I-140's being reopened and denied at the I-485 stage.

EB2 Qualification

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

EB2 Qualification

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

Occupational Therapist and EB2

OT's have no special category unlike physical therapists. But EB-2 may be possible. Discuss with her lawyers.

3 years of experience in IT field and completing a Masters degree - EB2

I assume you are asking whether you can process an EB-2 green card. The answer is yes, once you complete your Master's degree and take up a job that requires such degree or Bachelor's plus five years experience.

Impact of the new I-140 regulations
J-1 Physician applying for following to join after waiver
Automatic EAD extension; I-485 EAD
Processing Times Involved in NIW

You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest.  But NIW priority date will take the same time as a normal EB-2 application does.  See: 

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Physician filing green card

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=1852

Regarding Form G-884 (Returns of original documents)

Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.

Green card through a future job

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

How soon can I change employers after getting green card?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=599

FAQ Transcript:

How to get a copy of I-140 approval

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376 

FAQ Transcript

Green card through two employers and future employer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

 

FAQ Transcript

Procedure for Porting a Priority Date from One I-140 to Another

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=657

FAQ Transcript

Changing from EB-3 to EB-2 Category

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Changing Jobs During Green Card

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

Concurrent AOS filing for EB-2 Physical Therapist

Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.

Obama's Immigration Action EAD At I-140 Stage

I have heard that there is a proposal to allow filing of I-485 

Cross-Chargeability
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 
https://www.youtube.com/watch?v=ujMQ79pgzX8

FAQ Transcript
Writ of Mandamus for Govt. Delays

See the marked clip below from Rajiv's video recording for the answer to this question.

https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...

Indian Experience While Filing PERM

Generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer.

generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer. - See more at: http://www.immigration.com/comment/14003#comment-14003
EB-2 or EB-3

Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .

GC in L1-A Visa

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

EB-2 and 3+2 Pattern of Education

If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.

Exhibiting Immigrant Intent

Exhibiting immigrant intent CAN be a problem for J-1. It is not certain that you will have a problem, but the potential does exist.

Contacting USCIS when EB-3 is Changed to EB-2
Premium Processing for EB-1-3

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

Professional Experience for EB-3

Usually, we cannot use the experience gained with the same employer who is applying for the green card, UNLESS the job being offered for green card is more than 50% different than the earlier jobs for that employer.

Restart the green card under EB-2 category

People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.

EB-3 to EB-2 with the same employer

You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.

EB-3 category

It is possible, but the green card will have to be started again from PERM.

Job Change after I-140

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

EB3 to EB2 Portability

Theoretically, this is possible. As to the practical implications, you must speak with the lawyers who will represent you in the second green card process.

Can EB3 PD be carried to new EB2?

It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.

Changing to Skilled worker

If the job requires a Bach. degree, you are entitled to the skilled worker/EB-3 category.

My wife filed for Skilled Worker

There is nothing in law that stops you from getting an NIV. But grant of visas like B-1/B-2 is completely discretionary.

EB2 or EB3

Generally speaking, if BS and MS are in the same or similar fields, you should be able to combine them to arrive at a 4-year degree for EB2 purposes. You should have a shot at EB2.

EB3 to EB2 and I-140 Refile

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

EB2 from EB3 qualification

The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.

Watch out - the prioirty date cut off in March was effective immediately

The April 2009 Visa Bulletin was issued on March 9th. The VB said the visa numbers for EB3 were unavailable with immediate effect (Philippines retrogressed to 2003).

This is highly unusual. The visa bulletin is a forecast for the month ahead and does not take effect immediately. But State Department says that this one was of immediate effect.

What does this mean?

Canadian RN Planning to Migrate To US Through EB-3

There can be no RN green card without an employment in the USA and clearing of the required exams/licenses in the USA. As to EB-2, that would depend upon whether or not the job requires 5 years of experience after Bachelor;'s degree (or a Master's degree).

Getting married when AOS I-485 is pending (following to join and other options)
The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Writ of Mandamus against delay

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=333

FAQ Transcript:

Writ is simply order of the court or a formal order.

Green card through a future job

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

Changing from EB-3 to EB-2 Category

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Changing Jobs During Green Card

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

Obama's Immigration Action - EB-3 Quota

Obama's Immigration Action plan could impact all waiting time for EB categories. We are not clear how far or how quickly. There is no indication that the method counting green cards will be changed to One per family, instead of one for each family member in an employment-based case. President has asked for recommendations for improvement within 120 days. We shall see.

EB-2 or EB-3

Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .

On-site Inspection as a Condition of Approving an EB-4

The on-site inspection may include the following:

1. A tour of the organization’s facilities and, if appropriate, the organization’s headquarters or satellite location;

2. An interview with the organization’s officials;

3. A review of the organization’s records related to compliance with immigration laws and regulations; and

4. A visit to the locations where the applicant will work or live.

Employment Based Self Application

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.

EB-5 Investment-Based Green Cards
Applying for investment visa - regional investment center EB5

Yes, of course. Especially when you are going through a regional investment center.

EB5 investment visa

I do not see why not. But check with a CPA about gift tax.

Investment based green cards

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.

EB-5 Visa process

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

EB-5 Investment Options to Restructure A Company

That depends upon how old the business is and how you wish to structure your ownership.

Green Card Without Employer's Support

Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).

NIW Requirements for a Specialist Physician

NIW requires "You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)."

Obtaining H-1 Extension beyond 6 years

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

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.

Processing Times Involved in NIW

You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest.  But NIW priority date will take the same time as a normal EB-2 application does.  See: 

Physician filing green card

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=1852

Do I Qualify for EB-1

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.

Green Card Without Employer's Support

Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).

Foreign Labor Certification Questions and Answers

1. The actual process for the Foreign Labor Certification varies depending upon the program being used. This http://www.foreignlaborcert.doleta.gov website contains information regarding the process for filing for each of the programs under the Department of Labor's (DOL) jurisdiction.

Registered Nurse

1. Get an H-1 transfer.

DS-260 Immigrant Visa Electronic Application

1. You must have:
Internet access
Your NVC Case Number (refer to the message you received from NVC)
Your Invoice I.D. number (refer to the message you received from NVC)

Employment Based Self Application

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.

Contacting USCIS when EB-3 is Changed to EB-2
Ability to Pay Wages when Priority Date is in the Middle of the Year

 

USCIS does not calculate ability to pay wages on a pro-rated basis. USCIS will accept proof to show that petitioners have paid the required wage, as shown on ETA Form 9089, for the relevant periods of employment. Additionally, the USICS will accept other forms of evidence, such as pay stubs, W-2’s, and 1099 forms.

Completed Master's Degree in One Year
Premium Processing for EB-1-3

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

O Visa Applicant Applying for Green Card

You may be able to apply for a Green Card if you meet the requirements of EB-1 (Aliens with Extraordinary Ability) based upon a job offer, or if a family-based possibility exists.

VisaScreen

"Yes. Although your professional education was completed in the United States, the purpose of the VisaScreen®: Visa Credentials Assessment is to provide a screening program which meets all federal requirements for international health care professionals seeking an occupational visa in the United States, irrespective of where the professional education was completed. However, there is a streamlined process for foreign-born health care professionals educated in the United States." From CGFNS.

Green Card for RN

It will not speed things up, but filing for Adjustment of Status (which is available only to folks who are already in USA), makes it possible to continue to stay in USA while the green card process is in the works.

EB-3 category

It is possible, but the green card will have to be started again from PERM.

I got my BSN in the US

Your employer's role in this process is limited. You can pay for all expenses yourself. The length of the process is determined by the country of birth.

Job Change after I-140

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

Visa Retrogression - Nurses

An F-1 student could apply, but will not get the green card right away. I cannot provide a list of hospitals that we work with. That would be a breach of confidentiality in my view. Nurses typically use H-1B, H-1C, H-2B and TN visas.

LPN applying for green card

 LPN's can apply for green card, but only RN's get the the benefit of schedule A green card without labor certification. See this page also: http://www.cgfns.org/sections/programs/vs/

I am an International student, with F-1 visa

That is how most students get their employment-based green cards. Once you become an RN, under the current law, it should be relatively easy to apply for your green card. There may be other options as well.

EB3 to EB2 and I-140 Refile

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

EB1 Extraordinary ability

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.

J-1 Physician applying for following to join after waiver
Effect of Divorce on Employment-Based Immigration
EB-1C Green Card For International Manager Or Executive

EB-1C green card can be applied only through an employer that is a member of your the group of companies that you are currently working for on L-1A. To apply through an unrelated company, you will need to go through EB-2 or EB-3 categories.

EB-1A Directly from India and Green Card

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

2.  Yes, self petition is possible under EB-1A.

3.  Usually, it takes appx a year for the whole process.

4.  EB-1A IS a green card category.  Nothing else is needed.

5.  See 3 and 4.

Remedy for Denial of I-485 AOS
What is I-485 Pre-adjudicate/Pre-adjudication and How soon must I join my future green card employer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/1QbgUmUUJvc?t=402

FAQ Transcript:

Question: What is I-485 Pre-adjudicate/Pre-adjudication?

October 2015 Visa Bulletin Confusion FAQ's

FAQ's Updated on 21 September 2015 

Green card through a future job

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

Requirements for Extension of H-1 beyond 6 years

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

 https://youtu.be/3Heaadpk1Ik?t=273

FAQ Transcript:

How soon can I change employers after getting green card?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=599

FAQ Transcript:

Green card through two employers and future employer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

 

FAQ Transcript

Status of the H-4 EAD regulations

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93

FAQ Transcript:

This FAQ is about H-1 quota, how does H-1 quota work?

I think this is an issue important for many people.

Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.

Filing PERM using experience gained with same employer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=813

FAQ Transcript

Procedure for Porting a Priority Date from One I-140 to Another

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=657

FAQ Transcript

Changing from EB-3 to EB-2 Category

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Changing Jobs During Green Card

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

Change in Job Titles/Duties During Green Card Process
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=3YV-qIlAEpI#t=8F

Obama's Immigration Action EAD At I-140 Stage

I have heard that there is a proposal to allow filing of I-485 

Obama's Immigration Action - EB-3 Quota

Obama's Immigration Action plan could impact all waiting time for EB categories. We are not clear how far or how quickly. There is no indication that the method counting green cards will be changed to One per family, instead of one for each family member in an employment-based case. President has asked for recommendations for improvement within 120 days. We shall see.

Discrepancies In Date Of Birth Information
EB-1C (Multinational Manager) Eligibility and Clarifications

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. 

Travel During Pendency of I-829

When the I-829 fees receipt is issued, it should state that your green card is extended for one year and travel and work during this time is permitted.

The pending rules for EB-1
The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations.
The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations. - See more at: http://www.immigration.com/comment/13356#comment-13356
EB-2 or EB-3

Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .

GC in L1-A Visa

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

EB-2 and 3+2 Pattern of Education

If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.