The Major Differences between EB1A and EB1B Green Card Application

The Major Differences between EB1A and EB1B:

1) The "Extraordinary Ability" category generally requires higher
achievement and ability;

2) The "Extraordinary Ability'' category can apply to many different fields in the sciences, arts, education, business, or athletics, while the "Outstanding Researcher or Professor" category generally applies to scientific or scholarly fields;

3) The "Extraordinary Ability" category requires no specific employment or job offer, while the "Outstanding Researcher or Professor" category requires a job offer for a permanent research position or a tenured/tenure track teaching position;

4) One can self-petition in the "Extraordinary Ability" category without a U.S. employer's sponsorship, while the "Outstanding Researcher or Professor" category requires a sponsorship from the alien's employer or prospective employer;

5) The "Outstanding Researcher or Professor" category requires at least three years experience in the field, while the "Extraordinary Ability" category has no specified minimum experience requirement for any particular field. http://www.greencardapply.com/or/or_faq.htm


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The Different Requirements in EB-1 and NIW Green Card Application

The requirements in EB-1 and NIW are different, and the application preparation is significantly different between these two classifications. For example, it may be likely that one could qualify for EB-1, but not NIW. But once your I-140 is approved, there is no major difference between these two classifications for the I-485 application later.

It is possible to file two petitions such as an EB-1 and a NIW at the same time. Some applicants file two I-140 petitions simultaneously in EB-1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase your chances.

The EB1-EA and NIW can be a self-petitioned application and does not need to be sponsored by your current employer. But EB1-OR is an employer-sponsored application, it needs to be sponsored by your current employer. If you are currently employed, your employer’s sponsorship may help your application, including the letters of recommendation, and other evidences. http://www.greencardapply.com/ea/ea_faq.htm



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FBI Name Check for I-485 Application

All applicants for a U.S. immigration benefit are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.

FBI name checks are also required for many applications. The FBI name check is totally different from the FBI fingerprint check. The records maintained in the FBI name check process consist of administrative, applicant, criminal, personnel and other files compiled by law enforcement. Initial responses to this check generally take about two weeks.

In about 80 percent of the cases, no match is found. Of the remaining 20 percent, most are resolved within six months. Less than one percent of cases subject to an FBI name check remain pending longer than six months. Some of these cases involve complex, highly sensitive information and cannot be resolved quickly.

Even after FBI has provided an initial response to USCIS concerning a match, the name check is not complete until full information is obtained and eligibility issues arising from it are resolved.
http://www.greencardapply.com/news/news06/news06_0927.htm


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A# and Form I-485 Green Card Application

An alien applicant should have a A# after your I-140 approval. The A Number is the Alien Registration Number. The “A” number is used by the Department of Homeland Security system for the purpose of identifying aliens.

It alone does not serve as employment authorization nor is it evidence of legal status or permanent residency. After your I-140 approval, you will be given an A number by USCIS.

Aliens are also often confused Social Security Numbers (SSN) with alien registration numbers (or “A” number) issued by the Department of Homeland Security. An alien is issued an “A” number when he is applying for immigration, is put under removal proceedings, or under other special registration programs.

The formal “A” number contains eight digits and will occasionally begin with a “0” and have a total of 10 digits. In general, one may only have one formal “A” number. In multiple applications cases, however, an alien may receive multiple “A” numbers.
http://www.greencardapply.com/question/question09/question09_0911.htm


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Can TN Visa Holder Apply for U.S. Labor Certification

加拿大公民拥有TN 签证可以申请美国绿卡(Labor Certification)吗？

TN-1 is a temporary visa that needs intent to return to Canada upon completion of the one-year temporary work. Unlike the H-1B, TN does not enjoy dual intent.

But filing of labor certification application does not in itself constitute such an intent not to return to Canada. In your case, you are in a very early stage of the immigration process, waiting for the labor certification application. Accordingly, you are not likely to face a serious problem either at the border or at the USCIS Service Center, in obtaining extension of TN status for another year.

Canadians can often gain entry to the US with greater ease than others; this preferential treatment for Canadians is linked to treaty provisions within the North American Free Trade Agreement (NAFTA). While there are many NAFTA related visas, the most useful one is the TN1. The TN1 visa was modeled on the H1B; it may only be used where the employer is based in the US, and the candidate is a professional in one of the categories listed on below. Where a candidate, by their profession and nationality, qualifies for the TN1 visa, it has the following advantages over the H1B:

http://www.greencardapply.com/question/question07/question07_0605.htm

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Restrictions for EB1 Outstanding Researcher or Professor petition

There are some restrictions for EB1 Outstanding Researcher or Professor petition.

The first restriction is the "academic field". The U.S. Citizenship and Immigration Services (USCIS) regulations define the term of academic field as "a body of specialized knowledge offered for study at an accredited United States university or institution of higher education."

The second restriction is the "permanent job offer". The term "permanent" in reference to a position means "either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination."
http://www.greencardapply.com/or/or_qualify.htm


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Can I Apply for 2 NIW Petitions?

Generally, No. Because, in the Form I-140, you need to answer the question that why you need to file 2 NIW? and what is the status of another NIW?

But, it is possible to file two petitions such as an EB-1 and a NIW at the same time. Some applicants file two I-140 petitions simultaneously in EB-1 and NIW.

The requirements in EB-1 and NIW are different, and the application preparation is significantly different between these two classifications. For example, it may be likely that one could qualify for EB-1, but not NIW. But once your I-140 is approved, there is no major difference between these two classifications for the I-485 application later.

It is possible to file two petitions such as an EB-1 and a NIW at the same time. Some applicants file two I-140 petitions simultaneously in EB-1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase your chances. http://www.greencardapply.com/ea/ea_faq.htm


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Premium Processing for Form I-140 Application

USCIS accepts Form I-907 Premium Processing Service Requests for I-140 petitions for all categories, except the following two classifications:

1) EB-1C Multinational Corporate Executive/Manager; and

2) EB-2 National Interest Waiver.

The Form I-907 Premium Processing Service does not include I-485 application.

The Premium Processing Services (PPS) will be available not only for the new I-140 filings but also the pending I-140 cases. When PPS request is filed for the pending cases, the petitioners may make it sure to enclose a copy of the Receipt Notice of pending I-140 petitions to assist the agency. http://www.greencardapply.com/news/news09/news09_0702.htm

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