Pt. 4 - Breaking Down the EB-1A Criteria for Private Sector Professionals

Now that you understand some of the variety of successful EB-1A cases and how long it takes to put a case together, we want to introduce and discuss the Top 5 Categories of evidence that a qualified professional who works in business, technology, or science would use for self-petitioned EB-1A cases. As you will see, these 5 are distilled from the 10 EB-1A categories that the USCIS posts on its website.

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Pt. 3 - Let’s Talk Details - How to Prepare & File an EB-1A Petition

Now that we know the EB-1A can be a great option to speed up your Green Card process for a wide variety of qualified professionals, what are the steps for an EB-1A case? And how long does it take? Let’s be clear: the EB-1A is a document-intensive process and it takes time and real effort on the part of you, the applicant. But the payoff in getting ahead of the Visa Backlog (TVB) is worth it. Below, we’ll outline the steps and timelines of a typical EB-1A case filed by ImmiPartner’s experienced legal team.

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Pt. 2 - Demystifying the EB-1A for Professionals—With Success Stories

An EB-1A case could look just like you! Many professionals who are mid-career or who otherwise have had notable achievements related to their area of expertise can qualify with some dedicated attention and effort. The goal is to construct a strong EB-1 case by working with our team to build and present an accurate, fully-fleshed out picture of all of the accomplishments in your career thus far. Here are four success stories, taken from different professional fields, that illustrate just a few of the variety of approved EB-1A cases our attorneys at ImmiPartner have filed.

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Pt. 1 - An Ambitious Solution to the Dreaded Green Card Backlog - the EB-1A Green Card

“The Visa Backlog” is enough of a significant issue affecting international workers in the United States that we have decided to give it a proper name and an acronym, TVB. Today, we start a multiple-part nosedive into how someone could take matters into their own hands and obtain their US Green Card years faster than the normal process by filing an EB-1A Green Card application themselves. Let’s treat TVB together.

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H-1B Cap FAQs - FY2024

When will I find out if my registration was selected in this year's lottery?

ANSWER: USCIS will announce on or around April 1st that it has completed the lottery of H-1B registrations and finished notifying petitioners whose registrations were selected. Your ImmiPartner legal team thoroughly reviews the selection notices for all applicants as they are received, and if your registration was among those selected, our team will notify you via email between April 1-7.

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Calculating the 60 Day H-1B Grace Period

Understanding the 60-day rule and the possible interpretations of when this time period begins is critically important for laid-off workers. This calculation is very important for an H-1B worker and their new sponsoring employer, to ensure timely filing of a transfer application or change of status application, without USCIS finding a violation of authorized stay and denying such filing. The immigration regulations (8 CFR 214.1(l)(2)), dealing with the 60-day grace period, references “cessation of employment” as the start date or triggering event for counting this window. Let’s dig into this.

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Equal Pay Transparency Laws and Immigration Related Green Card Recruitment

The recent trend in states adopting Equal Pay Transparency (EPT) laws, which typically require the disclosure of pay ranges in recruitment, also implicates immigration considerations. These considerations come into play for employers engaging in recruitment practices required to satisfy a testing of the U.S. labor market, as dictated by immigration regulation under the typical employer-sponsored PERM Green Card process.

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ImmiPartner
FAQ: Compliance Guide for H-1B Dependent Employers

FAQ: COMPLIANCE GUIDE FOR H-1B DEPENDENT EMPLOYERS

When a US company’s employee population comprises a certain number of H-1B visa holders, the US Department of Labor categorizes certain H-1B employers as “H-1B dependent employers.” These FAQs are intended to clarify which entities would be considered “H-1B dependent employers” and their related compliance requirements.

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Department of State announces Waivers of Visa Interview - December 2021

On December 23, 2021, the U.S. Department of State, in consultation with the Department of Homeland Security, announced that in certain cases, the interview requirement for visa stamps may be waived for some nonimmigrant applicants with a petition approved by the U.S. Citizenship and Immigration Services. This policy will be in effect until the end of 2022. Please note that even if a visa applicant meets the below conditions, this is not a guarantee that a visa interview will absolutely not occur, as consular officers always have the option of requesting an interview.

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H-1B Cap FAQs - FY2023

When will I find out if my registration was selected in this year's lottery?

ANSWER: USCIS will announce on or around April 1st that it has completed the lottery of H-1B registrations and finished notifying petitioners whose registrations were selected. Your ImmiPartner legal team thoroughly reviews the selection notices for all applicants as they are received, and if your registration was among those selected, our team will notify you via email between April 1-7.

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Holiday Travel - Things to Keep in Mind

As the end of the year and the holidays approach, many employees may have travel plans. Given the uncertainty and delays brought about by the ongoing pandemic, here are some important points to keep in mind as you travel.

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Ting Ni
There's Visa Bulletin movement: should you downgrade or interfile?

With priority dates from the Visa Bulletin constantly jumping ahead or retrogressing, a common question from employees and employers is about the idea of “downgrading” and the possibility of “interfiling.” In this post, we will discuss what they are and lay out some of the lesser-known considerations in considering whether to pursue them or not.

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Facebook Litigation and the Impact on Green Card Recruitment

On October 19, 2021, a settlement was reached between Facebook and the Department of Justice regarding a lawsuit that had alleged that Facebook had engaged in discrimination against U.S. workers and potentially engaged in regulatory recruitment violations. This alleged discrimination, in part, focused on PERM Green Card recruitment. The impact of this settlement is still difficult to fully understand as this agreement avoided a court decision which would likely have provided more clarity on whether Facebook’s PERM recruitment practices were in fact discriminatory or whether they followed the rather clear letter of the law.

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New COVID-19 Vaccination Requirement for Most Green Card Applicants Effective October 1st, 2021

Effective October 1st, 2021, green card applicants will be required to present proof that they have received a complete COVID-19 vaccine series in order to complete the permanent residency process. Introduced on August 25th, 2021, the new COVID-19 vaccination requirement will only apply to applicants who are deemed age-appropriate (i.e., over 12 years of age) and not medically at-risk of completing a full COVID-19 vaccine series. The CDC has added the COVID-19 vaccines to the list of vaccinations already required for applicants seeking U.S. immigrant visas.

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