EB1 Green Card
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.
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.
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.
[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
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.
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.
I had to share this, an email from Diane, a member of our team yesterday: