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?
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.
Q1. Where can I find the laws governing the Employment Based Second Preference (EB-2) Immigrant Visa Category?
A1. The statutory requirements may be found in the Immigration and Nationality Act (INA) at Section 203(b)(2). The regulatory requirements may be found in the Title 8 Code of Federal Regulations (8 CFR) at section 204.5(k).
Release Date:
04/10/2024
U.S. Citizenship and Immigration Services is issuing policy guidance (PDF, 321.14 KB) in the USCIS Policy Manual to add the U.S. Department of Labor (DOL) definition of “science or art” for Schedule A, Group II cases.
Fact Sheet
On Aug. 2, 2011, Secretary of Homeland Security Janet Napolitano and USCIS Director Alejandro Mayorkas outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment. These initiatives will allow our nation to realize the potential of current immigration laws to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow the U.S. economy and create American jobs.
Discussion Topics:
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.
The annual limit in the EB-2 category for India and China has reached. This has been confirmed by the State Department. A notification sent to USCIS on April 11, 2012 states that no further visas for the above mentioned categories will be authorized. On the basis of cut-off dates published in the April and May Visa Bulletins USCIS will continue to accept adjustment applications.