EB-2 and EB-1 Differences
by Admin
Posted on 06-12-2023 03:47 PM
The first subcategory is the eb-1a for aliens of extraordinary ability. The eb-1a provides a path to permanent residence for foreign nationals with extraordinary talents in the sciences, arts, education, business, and athletics. The eb-1a is often associated with the o-1a work visa since they share similar criteria. However, they have significant differences. Namely, the o-1a is meant for individuals at the 10% of their field, while the eb-1a is reserved for individuals at the top 1% of their field.
The eb-1a is a popular choice for individuals from china and india because it generally provides a faster path to a green card for nationals of these countries.
One of the biggest differences between the eb1 and eb2 is that the eb1 does not require that an applicant have a job offer and can self-petition without an employer’s involvement. Similarly, the eb2 niw (national interest waiver) also allows applicants to self-petition if the proposed work is considered to have substantial merit and national importance. On the other hand, the eb2 requires a petitioner, which can often be a burdensome task and lengthens the process of getting the green card. As a result, the eb1 is likely a better option for you if you do not have a petitioner and meet all the requirements. https://en.wikipedia.org/wiki/Permanent_residency
As previously pointed out, there are many similarities between the eb-1c and l-1 visa applications. Despite the many factors they share, there are some very important differences, outlined below: the l-1a is a non-immigrant category for temporary alien workers whereas the eb-1c is an immigrant category. This distinction between immigrants and non-immigrants is important to bear in mind. There are no blanket petitions available for eb-1c. While the l-1a has the option for an individual as well as a blanket petition, the eb-1c must be sponsored on an individual basis. Specialized knowledge does not suffice. In the l-1 category, you may qualify if you have some specialized knowledge for a minimum of a year however, this level of education/experience does not suffice for a beneficiary of the eb-1c.
How the Priority Dates Work
Sabrina saada
last updated on: september 29, 2023 | published on: february 18, 2019
no matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. You may have heard of them or you may even be currently waiting for your priority date to be current right now. This article will serve to educate you about what green card priority dates are, how they work, why the wait is so long, and what your options are when it comes to shortening your waiting time.
New delhi: while getting a green card or permanent residence status for most indians, working in the us, means a wait of several years and even decades; there are some individuals, who, because of top academic qualifications or exceptional talent, are lucky enough to be on a very fast track through the route of eb-1 visa applications. However, now there’s bad news for indians who are on this category as well. In fact, according to a recent us visa bulletin, all countries will remain current, except for india and china, for the coveted eb-1 category, which will have a cut-off date of february 1, 2022.
I-140 application: this application is used to petition for an alien worker to become a permanent resident in the united states. This is the main petition where you would include all the evidence detailing why you think are eligible to become a permanent resident of the united states. Primary applicant files this application and can include names of his/her family members on this application. In the case of self-petitions, the date of application of i-140 application is called priority date. There are no visa requirements for i-140 application. Please see this link for more details. I-485 application: the purpose of this application is to adjust your status and register in the us as a permanent resident.
Wondering if you are current? Check the latest Visa Bulletin!
Eb1 green cards are experiencing significant delays in 2023. As of june 2023, an eb-1 visa takes between 8 to 37 months to process. The i-140 stage can be expedited to 15 days. After the eb1 i-140 petition is approved, check the visa bulletin to find out if your priority date (“pd”) is current. Once your pd is current, expect around 20 to 35 months for your i-485 green card petition to be approved.
for some nationals, securing an approval on an i-140 under the eb2 national interest waiver (niw) category is just a start. Because of different “priority date” cutoffs for different countries, chinese nationals who are beneficiaries of an approved eb2 petition currently face a 3-year backlog, while indian nationals face a 10-year backlog. Even if your i-140 petition was approved, you have to wait many years before you are allowed to submit your application to adjust status or obtain an immigrant visa. Your “priority date,” which is assigned to you at the time you submit your i-140 petition, can be understood as your place in the line.
/ 0 comments /in blog /by cyrus mehta it requires skill and creativity to assist indians caught in the employment based backlogs to find ways speed up the process or ameliorative solutions. The india employment-based second preference (eb-2) and employment-based third preference (eb-3) dates have barely moved for years, and the prospects for a beneficiary of an i-140 petition born in india for obtaining permanent residence anytime soon are bleak. One strategy is to file an i-140 petition in the employment-based first preference (eb-1) for an individual who is stuck in the eb-2. Under the state department november 2919 visa bulletin , the final action date for eb-2 india is may 13, 2009.
For all three subcategories of eb-2, including eb-2 niw, you need to file form i-140. Form i-140 is a petition for a foreign worker to become a permanent resident. In fact, all three employment-based categories (eb-1, eb-2, and eb3) require a form i-140. Because you are applying for an i-140 niw, you can either self-petition or have your employer file on your behalf. Form i-140 is filed with the united states and immigration services (uscis). You can track your priority date to apply for a green card in the department of state’s visa bulletin. Your priority date is the date that your i-140 is submitted.