MDix
08-22 09:32 PM
Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
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guy03062
04-25 08:56 AM
It is absolutely make sense. We should push amendment for PD to be considered as date of arrival in USA (first time) or may be date on which one has started working (if employment based immigration). It is ridiculous to have PD based on labor, as there is no certainity when will employer file the labor or how many times in this dynamic environment!!
Also we should ask if one's I-140 is approved and visa is retrogressed, he should allow portability immediately! I mean no need to start GC process all over again if such person change the job.
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
Also we should ask if one's I-140 is approved and visa is retrogressed, he should allow portability immediately! I mean no need to start GC process all over again if such person change the job.
Does it make sense to request for first arrival date to be considered as the priority date for immigration purposes? Just a thought!!!
h1techSlave
03-13 10:00 AM
Is the min contribution required, $25 per month or $25 for 12 months?
Pappu,
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
Pappu,
I have a suggestion! I don't think forcing monthly $25 contribution to keep donor status alive is a very good idea, especially in current economy. Take an example of myself. It is decided that I am going to loose job on 17th March, may not be able to contribute every month.
Rethink!
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diptam
08-20 03:30 PM
Did anyone else received any reply - i'll post if i receive any reply.
By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.
cisombudsman.trends@dhs.gov
Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !
Has any of the members who sent out the letter & Form received any response from Ombudsman's office. Please post as and when you receive any response.
By the way - How about dropping a email to Ombudsman as well , saw in another thread that this approach worked ... TSC and NSC 140 sufferers can put Subject as TSC and NSC accordingly.
cisombudsman.trends@dhs.gov
Let us know how many wrote emails ( in case they couldn't get 7001 from employer) or both email and letter is good to keep the pressure ON !
Has any of the members who sent out the letter & Form received any response from Ombudsman's office. Please post as and when you receive any response.
more...
jonty_11
07-06 10:32 AM
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
Can someone please put this on digg?
***
To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
*****
looks like there main purpose was to deny us filing 485 application....i cannot believe they could go to such lengths to prevent high loads of work which they feared.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
Can someone please put this on digg?
***
To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
*****
looks like there main purpose was to deny us filing 485 application....i cannot believe they could go to such lengths to prevent high loads of work which they feared.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
vkannan
03-12 05:06 PM
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
Dude
Interesting case, did you port your PD or??
Dude
Interesting case, did you port your PD or??
more...
newbee7
07-05 11:23 PM
Don't have her email. But she can be reached by the sending her a msg via:
http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per
http://topics.nytimes.com/top/reference/timestopics/people/p/julia_preston/index.html?inline=nyt-per
2010 +of+world+war+1+trenches
nitinboston
06-11 12:32 PM
Instead of ruining our life running after GC, here are few options
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
more...
Macaca
09-12 07:35 PM
Macaca-
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
The best solution is to write the years you spent on F1 and H1B. You can add your additional pains also.
This will change each email also.
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
The best solution is to write the years you spent on F1 and H1B. You can add your additional pains also.
This will change each email also.
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axp817
09-14 11:45 AM
I have to agree with SC3. PD porting from one EB category to another is a provision that falls within USCIS guidelines.
Yes, if an overwhelming number of applicants from a (more) retrogressed category port to a non (or less) retrogressed category, it 'hurts' some people.
I am EB2-I 2006 by the way, and this will hurt me as well. But I can't bash someone for utilizing to their advantage an option that is provided by the system.
And who am I kidding, if I was in their place, I would be doing the same thing.
Yes, if an overwhelming number of applicants from a (more) retrogressed category port to a non (or less) retrogressed category, it 'hurts' some people.
I am EB2-I 2006 by the way, and this will hurt me as well. But I can't bash someone for utilizing to their advantage an option that is provided by the system.
And who am I kidding, if I was in their place, I would be doing the same thing.
more...
vpadman
01-04 12:06 PM
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
Julsun,
When your friend went for INFOPASS, did he get a single copy of the AP, or two copies of the AP ?
I want to know if there is a difference between getting APs through mail or INFOPASS.
Thanks,
-Viju
Julsun,
When your friend went for INFOPASS, did he get a single copy of the AP, or two copies of the AP ?
I want to know if there is a difference between getting APs through mail or INFOPASS.
Thanks,
-Viju
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Blessing&Lifeisbeautiful
08-06 12:29 AM
Angel,
You can write to me at 'sertasheep AT immigrationvoice DOT org' or poll any of the techie members here on how to create a blog. The suggestions would be to create a blog on blogger.com with a google account, as several of the other blogs (iv-tristate, iv-physicians, etc.,) are all on blogger.com.
Please keep your profile updated so that we may contact you. We are glad to welcome Schedule A professionals into the IV community.
Please support "paskal"(physician) in his efforts as he will be able to liaise with policy makers and influencers in the healthcare segment. iv-physicians.blogspot.com is one such effort- don't let the name dissuade you. As long as there are people who are willing to champion a particular cause (provided it is aligned with IV's core objectives and agenda, you can help make a difference, and help yourself as well!)
Hi Angel
If you need any help whatsoever, ps let me know.
You can write to me at 'sertasheep AT immigrationvoice DOT org' or poll any of the techie members here on how to create a blog. The suggestions would be to create a blog on blogger.com with a google account, as several of the other blogs (iv-tristate, iv-physicians, etc.,) are all on blogger.com.
Please keep your profile updated so that we may contact you. We are glad to welcome Schedule A professionals into the IV community.
Please support "paskal"(physician) in his efforts as he will be able to liaise with policy makers and influencers in the healthcare segment. iv-physicians.blogspot.com is one such effort- don't let the name dissuade you. As long as there are people who are willing to champion a particular cause (provided it is aligned with IV's core objectives and agenda, you can help make a difference, and help yourself as well!)
Hi Angel
If you need any help whatsoever, ps let me know.
more...
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9years
10-28 07:19 PM
Hi Hebron,
I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.
Best of Luck to you.
Thanks.
I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.
Best of Luck to you.
Thanks.
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hopefullegalimmigrant
01-03 01:49 PM
It sure is taking a long time. Even after the holidays are past nothing seems to be moving for us. Just hope and pray things move soon.
more...
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gcseeker2002
05-02 08:37 AM
My guess is that you will probably end up paying more than $600 additional in tax amount.
Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.
Is a h1b holder a nonresident alien or a resident alien ? It says on IRS site that you dont get stimulus if you are a nonresident alien.
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vandanaverdia
09-12 07:00 PM
Great work milind123....
Lets see some more people come forward & contribute...
GO IV!!! See you in DC!!!
Lets see some more people come forward & contribute...
GO IV!!! See you in DC!!!
more...
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test101
07-05 02:50 PM
Not really, without a mass enquiry, it is useless. USCIS will simply return my package and then will have NO reference to go by. I was actually pushing quite hard for a Bigger enquiry.
post the phone number and what you actually told them, and i will call...
been calling senators all day.
post the phone number and what you actually told them, and i will call...
been calling senators all day.
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skillet
06-22 11:20 AM
Still per my attorney it shows "In-Process". Mine was filed on Feb 5th...
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gc_check
03-05 09:46 PM
My PD is March-2003 and I didn't get the labor cleared till Late 2006
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
Prior to BEC, the Labor certs need to clear the state and then regional processing center. Stated like NJ, NY, CA, etc the wait time for Labor was years, while Iowa, MA, etc cleared labor in few months and many lucky folks got the GC from start / labor to 485 approval in 15-18 months... The unlucky ones (me included) are stuck now even with earlier PD in AOS... Hope something good happens in second half of FY09 atleast.... for all
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
Prior to BEC, the Labor certs need to clear the state and then regional processing center. Stated like NJ, NY, CA, etc the wait time for Labor was years, while Iowa, MA, etc cleared labor in few months and many lucky folks got the GC from start / labor to 485 approval in 15-18 months... The unlucky ones (me included) are stuck now even with earlier PD in AOS... Hope something good happens in second half of FY09 atleast.... for all
whitecollarslave
07-11 08:33 AM
Pause and take a moment to rejoice. Then turn all eyes to processing dates.
TSC July 17 2007
NSC July 28 2007
TSC July 17 2007
NSC July 28 2007
ItIsNotFunny
10-21 11:24 AM
I have sent the email to Cisombudsman and will update the poll also.
Great. Thanks.
Target 500 emails by this week. Lets show unity, lets show power of unity.
Great. Thanks.
Target 500 emails by this week. Lets show unity, lets show power of unity.
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