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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GCwaitforever
01-13 04:19 PM
Still waiting for labor clearance.
Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)
Non-RIR, EB2, November 2001 PD, Florida, made it to Atlanta, shipped to Philly, received 45-day letter and replied. Then no news for the past six months!!:)
eb3july2003
04-17 08:13 PM
All the best AllVNeedGcPc. I completely understand how difficult it would be to wait for this last step without knowing what is happening.
1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.
*ncscfollowup.nsc@dhs.gov
*ebupdate.tsc@dhs.gov
2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).
3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.
Hope this helps. Let me know if you need any further information.
1. Here are the email addresses that I used. Got a response from the NSC email address after three days that I need to wait for 60 days and have to send a written request.
*ncscfollowup.nsc@dhs.gov
*ebupdate.tsc@dhs.gov
2. Yes, my lawyer did send a explicit letter. Bottom line on that letter was "A request is hereby made to interfile the latest I-140 approval with his "A" file. Kindly make sure that the applicant's pending I-485 file reflects the new I-140 approval which has a priority date of July 8 2003 and it reflects classification under Sec. 203 (b) (2).
3. Also I didn't mention one other thing on the original post was that I have placed multiple call to 800-375-5283 to make sure that my I-485 is processed as EB2.
Hope this helps. Let me know if you need any further information.
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Macaca
09-14 12:25 PM
S Mitra Kalita (kalitam@washpost.com) who has written many articles (http://pqasb.pqarchiver.com/washingtonpost/results.html?st=basic&uid=&MAC=50a23aa1f3f5c6104e90e36051420d61&QryTxt=mitra+kalita&sortby=REVERSE_CHRON&x=5&y=1) on us
more...
tinkugadu
09-06 02:04 PM
Filed my labor July 12 and just got the approval. Category is EB-3 . It is from the atlanta center
skv
06-18 12:56 PM
This is for PERM.
"Message for people stuck at Atlanta PERM" is the headline for this forum.
"Message for people stuck at Atlanta PERM" is the headline for this forum.
more...
pmamp
07-12 10:36 AM
Where did you get your DL renewed? Which state? :confused:
Hoosier land - Indiana.
Hoosier land - Indiana.
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chisinau
07-22 11:44 PM
OK!
Where are you schedule A? Come on, join this forum, share your opinion and propositions!
Do all agree that "bridge bill" is the only real helpful measure for us? Or you can show us some other ways?
I mean let's set at least one goal!
After that we can establish what we have, and how we can make it real.
Anyway, it might be quite difficult to organise such a work group, because the majourity of schedule A are outside the US, and on CP... But we all have our emploiers and attorneis who could help us to lobby our interests in the US.
What do you think about it?
Where are you schedule A? Come on, join this forum, share your opinion and propositions!
Do all agree that "bridge bill" is the only real helpful measure for us? Or you can show us some other ways?
I mean let's set at least one goal!
After that we can establish what we have, and how we can make it real.
Anyway, it might be quite difficult to organise such a work group, because the majourity of schedule A are outside the US, and on CP... But we all have our emploiers and attorneis who could help us to lobby our interests in the US.
What do you think about it?
more...
add78
06-23 08:39 AM
Good morning...
Lets target to reach 25k by the end of this week.
800 more to get to 20K = 8 contributions @100 each, and then
5000 more to get to 25k = 50 contributions @100 each
And we have "thousands" of registered members
And there are "hundreds of thousands" of people who benefited from last year's July visa bulletin due to IV's efforts.
Folks, now more than ever, we need you to be just a little less self centered and open up your hearts, not for some other people, but your own cause.
Your own cause guys, We need funds to lobby for the 3 Lofgren bills!!!!
If the July bulleting could get us EADs and APs, imagine what those 3 bills can do - MAGIC, WONDER, THE HOLY GRAIL A.K.A. THE G.C.
So please, please, please, do what you can.
Lets target to reach 25k by the end of this week.
800 more to get to 20K = 8 contributions @100 each, and then
5000 more to get to 25k = 50 contributions @100 each
And we have "thousands" of registered members
And there are "hundreds of thousands" of people who benefited from last year's July visa bulletin due to IV's efforts.
Folks, now more than ever, we need you to be just a little less self centered and open up your hearts, not for some other people, but your own cause.
Your own cause guys, We need funds to lobby for the 3 Lofgren bills!!!!
If the July bulleting could get us EADs and APs, imagine what those 3 bills can do - MAGIC, WONDER, THE HOLY GRAIL A.K.A. THE G.C.
So please, please, please, do what you can.
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mbawa2574
07-06 01:49 AM
Why does the line on top of this page say
****
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
****
I guess, last month is about $2500, and previous month is less than $2K.
Any plans in your mind how to get every member pay $1 every month?
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
****
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
****
I guess, last month is about $2500, and previous month is less than $2K.
Any plans in your mind how to get every member pay $1 every month?
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
more...
gccovet
03-05 03:06 PM
If I remember right, around July 2008, several people got soft LUD on their cases, there were 3-4 threads on these topic. All appeared to pre-adjudication process.
GCCovet.
GCCovet.
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coolvigo
06-10 09:57 AM
Guys,
How about having another session of flowers campaign? Got to practice gandhigiri continuously. Should we select a date for that? I will say 23rd June'08? We need to draw media attention!!!
How about having another session of flowers campaign? Got to practice gandhigiri continuously. Should we select a date for that? I will say 23rd June'08? We need to draw media attention!!!
more...
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gc_peshwa
04-30 02:04 PM
I am done calling all listed republicans :) I thought they are the ones who mattered most as Dems are/will jump into the bandwagon sooner or later.
I am not sure if the senators will ever receive our heartfelt pleas and messages.I pray they do...
I felt like a lobbyist while calling their offices...only that I was lobbying with their staff to pass on the message.. :D
Gist: Some of the staff members (I hope not Senators) THOUGHT CIR==AMNESTY for illegals and told me point blank Senator doesnt support CIR for the same reason. I explained to them CIR is not only about illegals and amnesty and that legal immigrants will be helped a lot. These GC applicants would become their voters in near future.
Here's the status for today
Graham - spoke to staff No position on bill yet
Gregg- spoke to staff member no position sounded like she is faking noting down details
Lugar - spoke to staff promised that Senator is very supportive of CIR left my details
Enzi- spoke to staff member does not support CIR left my details
Ensign-no position on it yet
Hatch-against amnesty left details
John Kyl-supports legal immigration left details
Cornyn-voicemail
McConnell-no position yet left details with his staff
Will run through rest of the list next week.
Thanks to IV. You guys are doing a great job!
I am not sure if the senators will ever receive our heartfelt pleas and messages.I pray they do...
I felt like a lobbyist while calling their offices...only that I was lobbying with their staff to pass on the message.. :D
Gist: Some of the staff members (I hope not Senators) THOUGHT CIR==AMNESTY for illegals and told me point blank Senator doesnt support CIR for the same reason. I explained to them CIR is not only about illegals and amnesty and that legal immigrants will be helped a lot. These GC applicants would become their voters in near future.
Here's the status for today
Graham - spoke to staff No position on bill yet
Gregg- spoke to staff member no position sounded like she is faking noting down details
Lugar - spoke to staff promised that Senator is very supportive of CIR left my details
Enzi- spoke to staff member does not support CIR left my details
Ensign-no position on it yet
Hatch-against amnesty left details
John Kyl-supports legal immigration left details
Cornyn-voicemail
McConnell-no position yet left details with his staff
Will run through rest of the list next week.
Thanks to IV. You guys are doing a great job!
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santb1975
07-15 09:41 PM
Great Going. The funding drive that was started earlier halted at 19881. Glad to see things pick up again
to IV PO Box.
to IV PO Box.
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dslamba
05-27 03:35 PM
If I may suggest it may help our funding drive if we allow smaller contributions. (20$ or 10$) both recurring and one time.
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.
-dslamba
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chanduv23
05-18 04:33 PM
Hi Chanduv23,
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
more...
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johnnybhai
07-14 01:16 PM
Come on guys, go online to your bank's website and make a ONE-TIME payment to IV. Takes 2 minutes -- rebuilds MANY lives .... including yours.
For details refer the 'Contribute Now' tab and look for Checks.
For details refer the 'Contribute Now' tab and look for Checks.
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gc9906
01-09 06:00 PM
CA-EB2-RIR
Case Source: Region
Priority Date: 12/02/2003
Case Received Date: 12/08/2004
My attorney received a letter from DOL 11/21/2005 noticed the case closure, replied the next day mentioned this is an error to close this case.
FedEex another letter to DOL to reiniate reopen this case on 11/29/2005.
Still no message from DOL now.
ETA#: P-04324-XXXXX
45DL Sent: 03/10/2005 - Attorney & Company did NOT receive it
Notice of Case Closure: 11/21/2005
Try to reopen now
What should I do for this error cause by DOL or USPS?
Case Source: Region
Priority Date: 12/02/2003
Case Received Date: 12/08/2004
My attorney received a letter from DOL 11/21/2005 noticed the case closure, replied the next day mentioned this is an error to close this case.
FedEex another letter to DOL to reiniate reopen this case on 11/29/2005.
Still no message from DOL now.
ETA#: P-04324-XXXXX
45DL Sent: 03/10/2005 - Attorney & Company did NOT receive it
Notice of Case Closure: 11/21/2005
Try to reopen now
What should I do for this error cause by DOL or USPS?
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anilsal
07-28 11:03 PM
There are many folks who have their GC process going on since 2001, 2002 etc. This BEC thing was a bane for many people and many of them squeezed past it and got approvals (2004 EB3 etc).
So nothing is fair in the immigration process. Suck the frustration and start involving yourself in IV activities. Start by becoming a contributing member (and updating your signature with it). If you do not have the courage to do it, then do not start new threads.
So nothing is fair in the immigration process. Suck the frustration and start involving yourself in IV activities. Start by becoming a contributing member (and updating your signature with it). If you do not have the courage to do it, then do not start new threads.
rav
02-06 09:36 AM
:) Good to know that PBEC is processing JUN 2002 priority date,
But , i have not received my 45 date letter still.
All i know is my case is in the system, i got this info from my lawyer.
But , i have not received my 45 date letter still.
All i know is my case is in the system, i got this info from my lawyer.
deardar
09-14 10:17 AM
thank you deardar and claudia255 for the contributions.
Welcome!
Welcome!
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