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  #16 (permalink)  
Old 08-23-2010, 10:55 AM
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Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?

Where is GCperm when you need one?
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  #17 (permalink)  
Old 08-23-2010, 11:14 AM
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Quote:
Originally Posted by TeddyKoochu View Post
Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.
oh it hurts....I just believed Kate and Bluekayal and became happy and now back to scary feeling.
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  #18 (permalink)  
Old 08-23-2010, 11:17 AM
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If they could they would have, but unfortunately judgment doesn't talk anything about Multinational manager.They tried to extend he finding of EB1 to EB2. I believe even thought this strictly applies to EB2 without M.S. But things will get tough for EB2 Master also ......

Quote:
Originally Posted by eastindia View Post
Why there is nothing for EB Multinational Managers? Even a small project manager gets a priority greencard and people with masters degree and 10 year experience are waiting. Nobody has told to USCIS yet?

Where is GCperm when you need one?
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  #19 (permalink)  
Old 08-23-2010, 11:22 AM
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link from Kate123. Please comment: Looks like this is for Exceptional ability only and not for Advanced Degree

USCIS - Employment-Based Immigration: Second Preference EB-2
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  #20 (permalink)  
Old 08-23-2010, 11:29 AM
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Quote:
Originally Posted by kartikiran View Post
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.

1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?

You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.

Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.

Peace.
I aplogize if I hurt someone. But don't shoot the messenger, I was trying to enumerate the possible impacts of the memo. And looking at current changes to employment based immigration policies be it about H1B,L1 or EB it appears they are trying to clamp down on rather lose interpretation of minimum requirements for these visa categories which has led to overuse and abuse of them.for e.g H1B going to lottery on the very first day in 2008.
But it seems these specifications are about EB1 and EB2 with exceptional ability (not with advance degree category) where the requriements is just a list of 10 items without any emphasis on what is defined as a succesful crietria of meeting those items.

I guess you may have got pissed off with my third point , believe me I am not one here to create EB2-EB3 divide. Because no change in legislation is going to be for a particular EB category, it needs to be for the entire EB. Be it visa recapture, per country limit removal or dependants not being counted.
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  #21 (permalink)  
Old 08-23-2010, 11:41 AM
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Definition of EB-2 Advanced Degree:
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

Source: USCIS - Employment-Based Immigration: Second Preference EB-2
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  #22 (permalink)  
Old 08-23-2010, 11:42 AM
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So I am guessing that there's no significant change in policy towards EB-2 from what appears in the memo. They are merely reiterating on what exists. Lets not sweat.
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  #23 (permalink)  
Old 08-23-2010, 11:49 AM
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AFAIK, this memo only applies to those I-140 petitions which do NOT require a labor certification approval. It does NOT apply to EB-2 Advanced degree holder petitions which require a certified labor and BS + 5 yrs or MS + 0 yrs of experience.

Though, for now, most of us who are filing in EB-2 Advanced degree holder category have nothing to worry, this definitely looks like a targeted approach where they are coming after everybody, one category at a time. So its just a matter of time it seems when they come up with something which targets everyone...

As per Matthew Oh's blog, this will be adopted on Sep 3rd.
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  #24 (permalink)  
Old 08-23-2010, 11:49 AM
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Quote:
Originally Posted by kate123 View Post
Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?
Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.
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  #25 (permalink)  
Old 08-23-2010, 12:01 PM
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Quote:
Originally Posted by Sachin_Stock View Post
Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.
I agree.

Here is INA 203(2)A:
Quote:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
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  #26 (permalink)  
Old 08-23-2010, 12:05 PM
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Eligibility Criteria


Sub-Categories
Description
Evidence

Advanced Degree
The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.



Exceptional Ability
You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
You must meet at least three of the criteria below.*

National Interest Waiver
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.




* Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
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  #27 (permalink)  
Old 08-23-2010, 12:09 PM
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Those who initiated the panic attack, I want them to explain what so frightening about this memo!? Please put forth your points.
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  #28 (permalink)  
Old 08-23-2010, 12:10 PM
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My friend EB2 is all ONE category. Please see the OR in that sentence.

to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

Its sad but its going to apply for all EB2 applicants.

Quote:
Originally Posted by gc28262 View Post
I agree.

Here is INA 203(2)A:


This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
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  #29 (permalink)  
Old 08-23-2010, 12:24 PM
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Quote:
Originally Posted by DSLStart View Post
My friend EB2 is all ONE category. Please see the OR in that sentence.

to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

Its sad but its going to apply for all EB2 applicants.
This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.
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  #30 (permalink)  
Old 08-23-2010, 12:28 PM
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Quote:
Originally Posted by DSLStart View Post
My friend EB2 is all ONE category. Please see the OR in that sentence.

to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

Its sad but its going to apply for all EB2 applicants.
That is my exact point. Please note the "or" in that paragraph.
A person can qualify for EB2 for different reasons. That is what that "or" denotes. Most of the EB2 filers don't file under "exceptional ability" category, they file under "advanced degree or equivalent".
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