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mbartosik
02-20-2008, 08:21 PM
As per this post http://immigrationvoice.org/forum/showthread.php?t=17450
EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.

If that is the case, we can all think of a few reasons why that might be.

Googler
02-20-2008, 08:28 PM
As per this post http://immigrationvoice.org/forum/showthread.php?t=17450
EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.

If that is the case, we can all think of a few reasons why that might be.

I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.

alterego
02-20-2008, 09:12 PM
EB1 is too restrictive! Even a so called NIW (national interest waiver) does not mean EB1 automatically.

Just food for thought. At this time there are 28600 EB1 visas. The EB1 category is current and has been pretty close to it for nearly everyone throughout the last couple of years.
Physicians with their many years of education and relatively very high standing in American society are still not automatically eligible for EB1 visas.
Likewise someone with a PhD who is gainfully employed. Similarly someone who has the kind of skills that are in such desperate shortage that he/she commands incomes sometimes exceeding 250K(as some do have in the SAP field) as per the free market that some in this country believe religiously. When you make this category so restrictive, then who do you expect to fill it up?

This is a sign of the broken system in my view.

Then EB2 and worse yet EB3 become stuffed!

Googler
02-20-2008, 09:15 PM
Just food for thought. At this time there are 28600 EB1 visas. Most in the EB1 category are current or pretty close to it.

As a matter of fact, EB-1 annual limit = 28.6% of 140K = 40,040 and it has been current for a while.

alterego
02-20-2008, 10:44 PM
Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.

Googler
02-20-2008, 10:58 PM
Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.

Yes, and that issue has been acknowledged by every version of the CIR bill -- EB-1's annual limit was reduced, and EB-3's was increased. Never mind that they also sometimes reduced EB-2's annual limit when STEM exemptions were included in the bill.

andy garcia
02-21-2008, 10:22 AM
I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.

This is the EB1 the usage for the last 14 years

06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114

The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.

cool_guy_onnet1
02-21-2008, 10:37 AM
This is the EB1 the usage for the last 14 years

06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114

The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.

I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.

I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.

Anyway, I was just frustated, sorry about this rage but just needed an outlet.

People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
& /OR B) They have good lawyer, who is very much prudent and willing to take chances.

Any other theories and welcome

*CONDITIONS APPLY LOL

kerstbrd
02-22-2008, 07:17 PM
I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.

I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.

Anyway, I was just frustated, sorry about this rage but just needed an outlet.

People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
& /OR B) They have good lawyer, who is very much prudent and willing to take chances.

Any other theories and welcome

*CONDITIONS APPLY LOL

my friend, you've been played. EB1 requires no labor cert. Your lawyer convinced you to "chicken out" & wait a couple of years longer in the queue. Thereby paying him fees to help you do labor certs and multiple H1/EAD/AP renewals.