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Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from India
The Department of State’s Visa Bulletin for August 2016 reflects a final action date of January 1, 2010*, for EB-4 visas for special immigrants from India.
EB-1A Directly from India and Green Card
I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members.
One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition).<br>
My questions are:<br>
1. Is there a category of Visa as EB1-A?<br>
2. If so, is there a possibility for self - petition? i.e. without an employer?<br>
3. If I file EB1-A, what is the waiting period? Approximate is adequate.<br>
4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card?<br>
5. If I apply for Green card on an EB1 A, how long generally with it take?<br>
1. Yes. See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
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.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
USCIS Issues New Guidance on EB-1 Eligibility Criteria for Individuals with Extraordinary Ability
U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to further clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.
This policy guidance:
Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
EB-2 NIW I-140 portability for employer-sponsored cases
My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?
The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.
Recording for October 24, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search
Rising NIW rejection rates: Examining changes in eligibility criteria
Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?
The USCIS is currently focusing on two main aspects when evaluating NIW petitions:
- National Importance of Your Work:
They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.
Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.
- Comparative Contribution:
USCIS is looking at how your work stands out from others in your field.
They want to see that your contribution is not just significant but also distinguishable from your peers' work.
These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.