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 July 11, 2024 Conference Call with Rajiv S. Khanna

FAQs: Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023 || Assessing eligibility and strengthening profile for EB2-NIW application without a research background

Assessing eligibility and strengthening profile for EB2-NIW application without a research background

Question details

I'm from Bangladesh and am pursuing a non-thesis Master’s degree in Civil Engineering at Texas A&M University. My area of specialization is Geotechnical Engineering. I’ll graduate with my degree in May 2025 after completing a co-op with one of the top Engineering and construction companies in the United States. The company also offered me a full-time position after my graduation so that I could continue my work with them. Many PhD candidates from my country with a master's degree are applying for EB2-NIW using their citations and research experience.

1. Since I lack a prominent research background (basically, I have no experience at all in terms of publication/citation), do I have a chance of getting approval for EB2-NIW?

2. Is citation/research compulsory for EB2-NIW to get approved?

3. If I want to apply in the future, how should I prepare my profile to increase my chances? I’m more interested in working in the industry than in research and academia.

4. I want to mention that, from my experience, there is a huge demand for geotechnical engineers in the civil engineering industry, but not many people, especially Americans, are pursuing this major. Can I use this fact to show national interest?

 

Video URL
FAQ Transcript

The key is to emphasize activities and achievements that demonstrate your potential to contribute significantly at a national scale. Your profile should highlight projects or initiatives that have a broad, national-level impact, as this aligns closely with the NIW criteria.

 

Benefits of National Interest Waiver

Question details

Two general questions,

1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?

2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?

 

Video URL
FAQ Transcript

While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you.  For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship.  Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.