EB2 Green Card

No more Immigrant Visas for China and India EB2 this year

State Department has indicated that as of 11 April 2012 there are no more immigrant visas (green cards) available for China and India-born EB2 applicants. The numbers will be reset on 1 October 2012, the start of the new fiscal year. In the meantime, USCIS will continue to accept I-485 filings until the end of June based upon the Visa Bulletin that will be published in May. No action will be taken on these applications until October, but its is expected that EAD/AP's will be issued.

Accreditation of distance education for EB-2

Substantial transcription for video

Topic:  Accreditation of Distance Education in USA

Date:  March 12, 2012

Total Time:  2 mintues 40 seconds

Hello, everyone.  This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com.

A number of people have asked me this question in the last few days about how do they tell, if they finish a masters degree online through distance education in the U.S., how do they know if the degree is accredited?

I have looked into this issue because it became such a big issue for people, especially those who are born in countries where EB-3 is very backed up and EB-2 is a much better option.

So I did some review.  This is the best of my knowledge.  I am not an expert in accreditations, but what I see is this.  On the screen in front of you, you see this page where they talk about accrediting agencies recognized for distance education and correspondence education.

This is a page on the Department of Education website.   

http://www2.ed.gov/admins/finaid/accred/accreditation_pg10.html

Let me backtrack for a second.

First thing you do is ask the school where you want to go whether the particular program you want to do is accredited and, if so, who accredits it.  In other words, the accreditation agency that is accrediting it.  Get the name, and see if that name appears on this list right here.

Sometimes a particular program or a particular degree might be accredited, but not the whole school, and sometimes vice versa.  So be careful--make sure that particular program is covered by the accreditation.

Good luck to you folks and if you have further questions, log in to the community conference call or we can talk a little bit on the blog itself.

 

Recording for March 14, 2024 Conference Call with Rajiv S. Khanna

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FAQ: H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card

Question details

I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.

1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?

2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?

3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?

4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?

5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?

Video URL
FAQ Transcript

Owning more than 50% of a company makes obtaining an H-1B visa difficult under current regulations. This is because the H-1B is for employees receiving a base salary, and owning a majority share raises doubts about a genuine employer-employee relationship. While regulations easing this restriction are pending, they haven't been finalized yet.

However, if you're a minority partner with your brother holding the majority and the job aligns with your field, securing an H-1B (concurrent or full-time) may be possible. Unfortunately, getting a green card through this company wouldn't be feasible due to your ownership. Consider exploring the EB-1A green card category, which recognizes individuals with exceptional ability in their field and doesn't require employer sponsorship.