Frequently Asked Questions - EB1 Green Card

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.