hsd31
09-01 01:33 PM
kalinga_sena case seems to be the worst.
Besides kalinga_sena and me, looks like gclabor07 and mgmanoj have also been in the US 10+ years and still don't have an EAD. That will be an interesting poll too: 10+ years in the US and still no EAD.
Besides kalinga_sena and me, looks like gclabor07 and mgmanoj have also been in the US 10+ years and still don't have an EAD. That will be an interesting poll too: 10+ years in the US and still no EAD.
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beppenyc
03-16 10:51 AM
http://www.azcentral.com/news/articles/0316Immigration16-ON.html
Senators debate immigrant worker measure
Associated Press
Mar. 16, 2006 09:35 AM
WASHINGTON - Senators writing a major immigration law overhaul bill moved Thursday toward accepting an approach under which undocumented immigrants could stay in the United States while working toward permanent residence and eventual citizenship.
Sen. Edward Kennedy, D-Mass., stressed that his plan moving through the Senate Judiciary Committee would not constitute an amnesty, a policy rejected by the Bush administration and most Americans, according to polls. Kennedy said it would not give the estimated 11 million people in the country illegally any advantage over the 3 million living overseas while waiting for a decision on green card applications.
Committee Chairman Arlen Specter said the panel would consider the proposal put forward by Kennedy and Sen. John McCain, R-Ariz., when it reconvenes on March 27 after a weeklong recess. advertisement
Senate Majority Leader Bill Frist, R-Tenn., has made clear that immigration reform will be on the chamber's floor that week, regardless of whether the Judiciary Committee comes up with a comprehensive bill.
Congress, at the urging of President Bush, has made comprehensive immigration reform a top priority for this election-year session, pushing forward proposals combining immigration enforcement, a guest worker program and a policy toward people living in the country illegally.
The future treatment of undocumented immigrants, Kennedy said, "really is the heart and soul of this whole undertaking."
The McCain-Kennedy plan would allow those in the country illegally to obtain six-year nonimmigrant visas under which they could work in the country and travel outside the country. They would have to pay a $1,000 fine and undergo background checks.
After six years, the immigrant who pays back taxes, is learning English and pays an additional $1,000 fine can apply for a green card, or permanent residency.
Specter, R-Pa., said the committee would vote on a version of the McCain-Kennedy proposal on the 27th. There would also be a vote on the chief alternative, offered by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., that would give undocumented immigrants up to five years to leave the country. These immigrants could apply from their home country to return, either as temporary workers or for permanent residency.
"Our intention is not to strand anyone outside the country," Kyl said. But he said that the McCain-Kennedy plan would give an undocumented immigrant allowed to stay and work in the country a "huge advantage" over a person having to wait for years in his or her own country for a green card.
But with Democrats, and several Republicans, on the committee behind McCain-Kennedy, it appeared to have the edge.
Cornyn and Kennedy said they would work over the recess next week on the structure of a guest worker program, which would start out with 400,000 visas. The committee is also expected to take up a separate provision for temporary agriculture workers in preparation for debate on the floor.
Senators from both parties in the committee on Wednesday objected to voting on a bill before the panel reaches a consensus on guest workers. Several Republicans suggested that the Senate first deal with enforcement, and take up the guest worker issue later in the year.
"This is a very complicated bill," Specter said. "And I think we have to get it done right."
Bush, in a State of the Union address two years ago, urged Congress to create a worker program under which participants could gain legal status for a specific time and then be required to return home. It would not provide an automatic path to citizenship.
The House at the end of last year passed a bill that increases penalties for illegal immigration activities and requires employers to verify the legal status of their employees. But it did not address the guest worker issue, and critics argued that it was futile to try to close the border when demand for low-wage workers in this country remains so strong.
"We have a broken system," White House press secretary Scott McClellan said Wednesday. "It needs to be fixed and it needs to be addressed in a comprehensive way."
Senators debate immigrant worker measure
Associated Press
Mar. 16, 2006 09:35 AM
WASHINGTON - Senators writing a major immigration law overhaul bill moved Thursday toward accepting an approach under which undocumented immigrants could stay in the United States while working toward permanent residence and eventual citizenship.
Sen. Edward Kennedy, D-Mass., stressed that his plan moving through the Senate Judiciary Committee would not constitute an amnesty, a policy rejected by the Bush administration and most Americans, according to polls. Kennedy said it would not give the estimated 11 million people in the country illegally any advantage over the 3 million living overseas while waiting for a decision on green card applications.
Committee Chairman Arlen Specter said the panel would consider the proposal put forward by Kennedy and Sen. John McCain, R-Ariz., when it reconvenes on March 27 after a weeklong recess. advertisement
Senate Majority Leader Bill Frist, R-Tenn., has made clear that immigration reform will be on the chamber's floor that week, regardless of whether the Judiciary Committee comes up with a comprehensive bill.
Congress, at the urging of President Bush, has made comprehensive immigration reform a top priority for this election-year session, pushing forward proposals combining immigration enforcement, a guest worker program and a policy toward people living in the country illegally.
The future treatment of undocumented immigrants, Kennedy said, "really is the heart and soul of this whole undertaking."
The McCain-Kennedy plan would allow those in the country illegally to obtain six-year nonimmigrant visas under which they could work in the country and travel outside the country. They would have to pay a $1,000 fine and undergo background checks.
After six years, the immigrant who pays back taxes, is learning English and pays an additional $1,000 fine can apply for a green card, or permanent residency.
Specter, R-Pa., said the committee would vote on a version of the McCain-Kennedy proposal on the 27th. There would also be a vote on the chief alternative, offered by Sens. John Cornyn, R-Texas, and Jon Kyl, R-Ariz., that would give undocumented immigrants up to five years to leave the country. These immigrants could apply from their home country to return, either as temporary workers or for permanent residency.
"Our intention is not to strand anyone outside the country," Kyl said. But he said that the McCain-Kennedy plan would give an undocumented immigrant allowed to stay and work in the country a "huge advantage" over a person having to wait for years in his or her own country for a green card.
But with Democrats, and several Republicans, on the committee behind McCain-Kennedy, it appeared to have the edge.
Cornyn and Kennedy said they would work over the recess next week on the structure of a guest worker program, which would start out with 400,000 visas. The committee is also expected to take up a separate provision for temporary agriculture workers in preparation for debate on the floor.
Senators from both parties in the committee on Wednesday objected to voting on a bill before the panel reaches a consensus on guest workers. Several Republicans suggested that the Senate first deal with enforcement, and take up the guest worker issue later in the year.
"This is a very complicated bill," Specter said. "And I think we have to get it done right."
Bush, in a State of the Union address two years ago, urged Congress to create a worker program under which participants could gain legal status for a specific time and then be required to return home. It would not provide an automatic path to citizenship.
The House at the end of last year passed a bill that increases penalties for illegal immigration activities and requires employers to verify the legal status of their employees. But it did not address the guest worker issue, and critics argued that it was futile to try to close the border when demand for low-wage workers in this country remains so strong.
"We have a broken system," White House press secretary Scott McClellan said Wednesday. "It needs to be fixed and it needs to be addressed in a comprehensive way."
gc_on_demand
06-11 03:24 PM
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
and u don't have 25 USD for IV ???
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
and u don't have 25 USD for IV ???
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dhesha
02-23 06:16 PM
thats true, but when does the target timeframe clock start? when they receive the app or when the priority date becomes current?
I just now talked to an IO and she said that last Friday the processing dates for NSC are all wrong and its a mistake. Those will be corrected soon in couple of days.
I just now talked to an IO and she said that last Friday the processing dates for NSC are all wrong and its a mistake. Those will be corrected soon in couple of days.
more...
villamonte6100
03-31 01:43 PM
"This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school..."
Very big statement.
There are problem with the USCIS that is affecting everyone in this forum but saying they are incompetent and don't have clue of management is a very big statement.
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
Very big statement.
There are problem with the USCIS that is affecting everyone in this forum but saying they are incompetent and don't have clue of management is a very big statement.
In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...
delhiboy
12-15 12:25 PM
Here are the details:
Type: EB2 - RIR (State - CT)
PD: June 2004
45 DL Received: December 2005
Current Status: CERTIFIED (On 12/15/2006) per DOL website.
Can anyone tell me what happens next?
Type: EB2 - RIR (State - CT)
PD: June 2004
45 DL Received: December 2005
Current Status: CERTIFIED (On 12/15/2006) per DOL website.
Can anyone tell me what happens next?
more...
DSLStart
08-23 10:10 AM
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.
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.
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.
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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sankar_203
08-26 03:18 PM
Hope you guys realize this forum is for immigration purpose...!!!!:mad:
if not let me know what school is good in Bangalore..my frind wants to get his kid admitted to school.:D:D:D
Oh Man..that's a very good one..you made my day..No offense to this thread..i do have home loan with ICICI for the last one year..like others mentioned above, it is easy to get approved while being here..i haven't been to any embassy..everything was done through mails and a local bank..
if not let me know what school is good in Bangalore..my frind wants to get his kid admitted to school.:D:D:D
Oh Man..that's a very good one..you made my day..No offense to this thread..i do have home loan with ICICI for the last one year..like others mentioned above, it is easy to get approved while being here..i haven't been to any embassy..everything was done through mails and a local bank..
more...
yabadaba
08-10 01:08 PM
anyone living in lincoln can go to the service center and ask R williams where our apps arE??
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garybanz
12-26 05:28 PM
Hi
I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.
Filed AP on Aug 13th, havent got it yet.
I'm wondering how many are still awaiting advanced parole? I am travelling in a months time, and do intend to go for H1 stamping but at the same time expecting my AP to come through before I leave. Whats up with this delay? Anyone else in the same situation? Please respond.
Filed AP on Aug 13th, havent got it yet.
more...
karan2004m
01-05 08:39 PM
ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..
I totally totally agree with Professor Sahib! I wish the government listens to him. What he is saying is good for everyone. As Indians we want America to succeed and prosper and we want to be a big part of the reason they prosper.
Please see this and give it a good review -- http://www.youtube.com/watch?v=bvqqYDmLgjY
Gayatri
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newbee7
07-05 12:16 PM
We must try to aviod the I485/ EAD language though.
more...
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GCOP
08-13 03:52 PM
Thank you Conchshell , willwin for your active participation to resolve EB3 visa problem.
I agree to go to DC and meet congress members , which would probably help to win support for Visa Recapture Bill.
Whichever date you decide, just PM to me.
IV help will be appreciated to arrange the meetings.
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
I agree to go to DC and meet congress members , which would probably help to win support for Visa Recapture Bill.
Whichever date you decide, just PM to me.
IV help will be appreciated to arrange the meetings.
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
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amit_sp
05-15 05:21 PM
I would recommend to shop around more. There are some banks who ask quetions such as visa status and other documentation and then there are some which don't. In my case; Citibank quoted for 0.5 additional rate due to my visa status but ING didn't.
more...
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go_gc_way
12-17 03:06 PM
Hi all .. I am not writing this post to disagree with any one on any thing. I am very respectful of the members who participate this forum and write their suggestions/comments/ideas... Specially when I know people who are facing the same problem but do not make any efforts to solve it or join IV.
In the same lines .. my opinion , we probably need more followers and implementers who can direct IV core suggested plans.
Actively participating the Forum and visiting the web site regulary is one of the actions called for from Pappu (IV Core), you are all doing, I did that. There are other action items that need be implemented by who ever has ability, time and can direct others.
BOTTOM LINE, YOU FOLKS BRING UP INTERESTING IDEAS AND DEBATE TO THE FORUM .. PLEASE KEEP IT UP.
In the same lines .. my opinion , we probably need more followers and implementers who can direct IV core suggested plans.
Actively participating the Forum and visiting the web site regulary is one of the actions called for from Pappu (IV Core), you are all doing, I did that. There are other action items that need be implemented by who ever has ability, time and can direct others.
BOTTOM LINE, YOU FOLKS BRING UP INTERESTING IDEAS AND DEBATE TO THE FORUM .. PLEASE KEEP IT UP.
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angelfire76
07-20 03:19 PM
Kennedy, Clinton voted against this... I dont know what they are thinking..
What is the proportion of potential illegal vote base to the legal vote base? They are pandering to the Hispanic vote bank.
Like all, H1B increase was also involved in the killer. :(
Wrote a strong email protest to USINPAC for their failure in trying to lobby for passage of the bill. :mad:
What is the proportion of potential illegal vote base to the legal vote base? They are pandering to the Hispanic vote bank.
Like all, H1B increase was also involved in the killer. :(
Wrote a strong email protest to USINPAC for their failure in trying to lobby for passage of the bill. :mad:
more...
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caydee
12-27 12:26 PM
CA chapter - Please include me in your resource pool....
I am in Cupertino
I am in Cupertino
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Green.Tech
06-17 09:27 AM
...to reach $20k.
Contribute folks!
Contribute folks!
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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
BharatPremi
07-05 03:24 PM
Guys,
Please Pound on this as well.
http://www.petitionspot.com/petitions/485
- BharatPRemi
Please Pound on this as well.
http://www.petitionspot.com/petitions/485
- BharatPRemi
maverick_s39
09-15 04:18 PM
gctest, personally I don't see any issue with eb3 to eb2 porting, look at the porting opportunity from eb3 applicant's point of view, these applicants are waiting since 2001 for GCs but EB2 applicant with PDs 2005 are getting GCs, eb3 to eb2 porting is a way for them to jump ahead of 2006 eb2 filers and get their GCs, I don't see anything wrong with it, sure it causes 2003/04 eb2 filers (very few I guess) to wait a little longer but every law has a loophole and we just have to live with it,
How many eb2 filers are really qualified for eb2 labors? I see lot of consulting firms abusing eb2 labors and lot of people who are playing the game fair are left behind, I feel porting labor is a way to level the playing field, also people who filed eb3 labors in 2001, 2002 are qualified for 2005 eb2 labor anyway, just think these applicants file eb2 labor in 2005, as you said if they are not eligible they will be denied to use the opportunity and its OK if you wait a little longer
How many eb2 filers are really qualified for eb2 labors? I see lot of consulting firms abusing eb2 labors and lot of people who are playing the game fair are left behind, I feel porting labor is a way to level the playing field, also people who filed eb3 labors in 2001, 2002 are qualified for 2005 eb2 labor anyway, just think these applicants file eb2 labor in 2005, as you said if they are not eligible they will be denied to use the opportunity and its OK if you wait a little longer
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