Employment Based Green Cards

Priority date retrogression -- consequences and concerns (Updated 10 April 2012)

The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.

Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?

Important updates for business and employment-based immigration

In a welcome move, US government is showing some understanding of the economic benefits of business and employment-based immigration.
Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas have outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.

GC approved. When should I start working on the green card job?

Q. Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?

A. Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.

EB-1 Extraordinary Ability, Outstanding Researchers/Professors, International Managers/Executive

Under the various employment based categories, Category I based permanent residency is the most difficult to obtain. Initially, the foreign national must determine if he/she is eligible for lawful permanent residency according to the USCIS guidelines. 

An applicant filing an EB1 alien of extraordinary ability application may self-petition, but an applicant filing under outstanding researcher and/or professor and multinational manager must have a sponsoring employer.

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.

Regards to all. Rajiv.

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