September 16th, 2023 at 05:59 am
New USCIS Policy Updates for EB-1 Visas
Updates to USCIS rules regarding EB-1 visas. To provide clearer advice on examples of evidence that may satisfy the pertinent requirements for employment, first-based preference applicants, and how USCIS officers assess the totality of the evidence for eligibility, USCIS updated its policy handbook on September 14, 2023.
These changes appear to be intended to make it clearer and simpler for highly successful and educated people to apply for and secure the STEM-related jobs that the Biden administration has placed a greater emphasis on.
EB-1A & EB-1B Classifications
For similar evidence to qualify under the EB-1a category for people with remarkable ability, the first updated advice is necessary. The EB-1a classification is designated for those with exceptional talent in the arts, sciences, business, or athletics as evidenced by sustained national or international acclaim, and whose accomplishments have been well-documented and acknowledged in the field.
For more thorough information on this category, we will give an EB-1a remarkable ability green card. The revisions for the EB-1a category make it clearer how frequently officers consider all of the data to determine whether an applicant qualifies for EB-1a status and also include more examples that meet the requirements of a specific notice.
Additionally, USCIS officials have been given more guidance and emphasis regarding how they should evaluate comparable evidence to meet at least three of the ten regulatory criteria. More examples have been added under each criterion, and Brad believes that they usually represent the kinds of proof the USCIS officer could find satisfactory.
Criteria Update
Examples and definitions were added under the criteria for the arts, business, and athletics, while the majority of the additions concentrate on the criteria for STEM areas and expand the kinds of evidence that may be deemed beneficial.
The second revision to the advice relates to what qualifies or qualifies similarly for the EB-1b category for distinguished professors or researchers. Professors or researchers with remarkable accomplishments in their particular academic field or area of specialization are only eligible for the EB-1b category.
The EB-1b demands that two of the six specified criteria be met even though it isn’t quite as high as the EB-1a. For additional details on this category, refer to the EB-1b green card for excellent researchers’ reference.
Similar to EB-1a, EB-1b category updates include more examples for each criterion and more information on the many kinds of comparable evidence that can be used to meet a criterion.
Even if the language of the EB-1b section on comparable evidence has been expanded, it may still be useful to go back and review the EB-1a section on comparable evidence for further information. The EB-1b normally places a strong emphasis on academics and STEM subjects. Therefore, expanding the guidelines and acceptable evidence types is consistent with the aims of the Biden administration.
These changes offer a lot of sensible clarifications and advice, and they represent a step in the right direction. This should lead to a decrease in RF noises and EB-1a and EB-1B denials, streamlining and simplifying the application procedure.
EB-1 Self Petition Process | EB-1 Green Card
A guide on the EB-1 self-petition procedure. Without a US-sponsoring employer, getting a green card is not as impossible as many people think. Without a US employment offer or a sponsoring company, it is possible to apply for a green card through the EB-1 self-petitioning process. The EB-1 self-petitioning procedure, prerequisites, advice from experts, and much more will be covered in this post.
Two Paths to Self-Petition: EB-1A and NIW
EB-1A
The extremely prestigious EB-1A immigrant visa is only granted to the most exceptional people. As a result of that criterion, it becomes one of the harder visas to obtain. You must match one of the following criteria to be eligible for the EB-1A:
- Proving that you have won a significant, internationally renowned award
- Also, demonstrate that you’ve met at least three of the alternative criteria listed below.
- Received a less prestigious, nationally or internationally renowned award
- Next, retain membership in an elite group that needs remarkable talent to join
- Also, have served as an official judge of your field’s peers’ work. This can be done either in a panel setting or one-on-one.
- Moreover, acting as a thesis for a graduate degree Committee Member can also be used to demonstrate that you have made important intellectual or scientific contributions to your subject.
- Besides that, having scholarly pieces that have been published in prestigious trade publications
- Similarly, being an important member of a renowned organization in your industry
- Lastly, demanding a high wage that demonstrates your exceptional talent
It’s crucial to note that you can also get an EB-1A through your workplace if you do have a sponsoring employer. The EB-5 for investors and the EB-2 with NIW are two more types of green cards that permit self-petitioning.
EB-2 with National Interest Waiver
If a person with outstanding ability can show that their employment is in the national interest of the US, the NIW permits them to bypass the job offer and labor certification procedures. Merit in the fields of commerce, research, technology, health, culture, or education can demonstrate the value of a country.
Quantifiable proof of the economic impact is not necessary, but it could support your claim. If you want the employment offer requirement for an EB-2 waiver, you’ll need to provide evidence that the US would profit overall. In other words, there are more benefits to waiving the job offer requirement than there are to not waive it.
Talk further about this with your immigration lawyer. The material you supply will be used by immigration officials to determine whether your case has serious merit. The total processing period can vary based on which Center is handling your petition, but generally speaking, it can range from 10 months to 2 years or more depending on how quickly your I-140 is processed.
The I-140 processing time ranges from six to nine months before a visa is made accessible. There is a premium processing option available for an additional cost.
Keep in mind that the number of EB-2 green cards that can be issued each year is capped according to the applicant’s country of birth and preference category.
Difference between an EB-1 Green card and an EB-2 Green card
EB-1 Green Card
- For Managers and executives, extraordinary achievements
- Also, No labor certification needed
- Next, EB-1 self-partitioning possible
- Lastly, High standard of Eligibility
EB-2 Green Card
- For Advanced degree holders
- Also, people with exceptional ability who obtain an NIW
- Additionally, a lower standard of Eligibility
Frequently Asked Questions
Can I apply for EB-1 on my own?
Yes! You can preserve your status with the EB-1A, which grants you a green card for ten years. Your green card should be renewed without any issues.
Who may submit a Green Card self-petition?
Those who can prove outstanding competence may self-petition. It is strongly advised to hire a knowledgeable EB-1 self-petition attorney due to the complexity and difficulties that could occur in a self-petitioning case.
Obtaining an EB-1 green card is challenging.
You can, however, have your EB-1A application approved if you have the correct immigration team working for you.
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