As many of the readers of this blog are aware, the EB2 and EB3 priority dates are seriously backlogged with a wait time of around 12 years for people who were born in India. That means you will be eligible to file for I-485 only if your PERM application was filed in 2012 or before. While you are waiting on filing your I-485 application, there are changes happening all around you, including your career and at personal front. Your children may turn 21 and thus not able to file the I-485 along with you. You may have to change jobs to grow your career, or you may be terminated from employment, and you must start all over again with the PERM process with a new employer. The question often people ask in such a situation is “Is there any way to get the Green Card faster or at least able to file the I-485?”
One option you could pursue to expedite your Green Card process would be to file your I-140 under EB-1A category. EB-1A category is for people with extraordinary ability. Are you one such person with extraordinary ability? Answer could be “Yes” “May be” or a “No”. But one should not just presume “No” and that they don’t qualify under the EB-1A category. Rather one should be more analytical on how they could qualify or how they could work towards qualifying under EB-1A. After all, it is a matter of getting the Green Card in an year versus waiting for 13 to 15 years.
There are around 10 criteria listed by USCIS to qualify under EB-1 category and you have to satisfy only 3 of those criteria. Here is an example of three criteria based on which one can qualify for EB-1A. I feel they are the low hanging fruits.
- Your salary is high which goes to show you have extraordinary ability.
- You hold a senior position in a well-known company/organization.
- You have done some significant work or developed a product which is unique.
I feel most of experienced people who are good in their field will be making high salary and holding senior positions in a well-known organization like Google/Facebook/Apple/Nvidia or even TCS/Cognizant/HCL. So, the first two prongs are easy to satisfy. The third prong dealing with developing a product or done some work which is unique or of significance is something many experienced technology workers have done. Many of them are product managers or hold key positions coming with unique processes as part of their job which can be documented by a letter from employer / clients. Even you may have an entrepreneurial sprit and developed a product for which Venture Capitalists are ready to risk their investment. You could also be someone who is successfully running a company or holding a senior level business development position.
But even if the 3rd criteria of “significant original work in your field” cannot be satisfied, one always has a chance of building their profile towards meeting the following additional 2 criteria.
- Scholarly articles in major media.
- Judged the work of others
Although, one may think publishing an article in major media is a long shot, there are ways to achieve this through proper guidance. Open your account in Google Scholar and Researchgate and start your journey. There are also other websites like Elsevier and Freelancer which could help you. Judging the work of others can be in the form of you approaching journals or online magazines dealing in your field and volunteering your services to peer review the articles or work of others. You can also volunteer to judge a product or project in a technology symposium or exhibition or event. But there are professional consultants who can guide you with these steps.
There are also other criteria like being a member of a professional organization or your name being quoted in news articles or work of others. But, I feel the easiest criteria to satisfy are salary, senior position, significant work and with some help scholarly articles and judging the work of others. So, that is satisfying 5 criteria, whereas only 3 criteria need to be satisfied. Sometimes, the criteria overlap and one achievement may satisfy two criteria.
So, what I would say is that instead of presuming you don’t qualify for EB-1A, ask the question how you are extraordinary or good in your profession? The very fact that you have worked for years in a field with well known organization(s) or serving well known client(s) in a crucial position and earning a good salary makes you extraordinary. You have the qualities, it is just that you have to market it to the USCIS in the right way.
Advantage of filing under EB-1A are phenomenal, since you don’t need an employer as a sponsor and if you already have an I-140 approved then we can port the priority date to the new I-140 under EB-1A category making your priority dates current which will allow you to file the I-485 too. You may also be nearing your 6th year with no PERM application to be your credit and this is a quick way to get an I-140 approved to extend your stay in USA beyond six years if you are on H-1b. With lot of uncertainty with a new administration coming to power and the paperwork for H1b petition being increased and under strict scrutiny, it is a no-brainer to think of alternate options like EB-1A.
So, if you feel you are ready to take the next step, schedule a twenty minutes call with us using the link www.vnathan.com/consult.html. We will analyze your profile and guide you on how to go about satisfying the criteria and also provide you resources and name of professional consultants who can guide you in meeting the criteria especially with regard to publication of articles and peer review. If you decide to engage a consultant to help in satisfying some criteria, we will also coordinate with these professional consultants to make sure you are on the right track to build a good case to be presented to USCIS.
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I just wanted to take a moment to tell you how much I appreciate your blog. The post on
“Expediting your Green Card process through I-140 filing under EB-1A without Employer”
gave me new perspectives and actionable tips. Thanks for sharing it !