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Law Offices of Chris M. Ingram

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by Law Offices of Chris M. Ingram on April 15, 2018

With the oversubscription of EB1 Green Card applications, what does it all mean to my case? – We’ll break it all down for you.

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Today, I’m going to  explain the concept of “Retrogression” and how it may or may not impact how USCIS process EB1 Green Card applications for Aliens of Extraordinary Ability. So, let’s get started.

Green Cards and Quotas

Black Ecco Boots Classic Ankle Tray Hybrid Lining nbsp;textile I’m going to try and keep this outline as simple as possible so that all of our clients and potential clients grasp the key principles at play here.  There are three primary types of employment based green cards: –

1: The EB1 Green Card for Aliens of Extraordinary Ability

2: The EB2 Green Card for Aliens with Advanced Degrees or can serve a National Interest

3: The EB3 Green Card for Aliens with a Bachelors, Associates Degree or Skilled

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Some of our best programmers are women.

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For each category of green card, as outlined above, Congress, has set a quota; a numerical limit on the number of green cards that can be issued each year. The number is around 40,000 per category. So, if in one year more than 40,000 green card applications are approved for a given category, the ones that exceed the quota are pooled “Retrogressed” into a wait-list until October 1st. Once the 40,000 green card clock is re-set, and it’s re-set, those in the wait list, will be the first in line to get their green card.  I hope you’re with me so far.

The 40,000 green card quota, is further divided into groups of countries to ensure that no one country can gobble up all 40,000 green cards available.  The countries are grouped as follows: –

EGH = El Salvador, Guatemala & Honduras

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Green Card Countries by Blocks

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Boots Lining Classic Tray Ankle nbsp;textile Black Ecco Hybrid Needless to say, if you’re from China or India with a population of more than one billion souls, your share of the 40,000 quota is going to be exhausted from time to time, but if you’re from anywhere else, not so much.

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The demand for senior programmers has reached boiling point because the world is changing so fast into a digital one. America leads the way.

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So, to summarize so far, each year 40,000 green cards are made available for each of the three main categories of employment-based green cards. Moreover, within each category of green card, there are further divided into regions so that China and Indian, ostensibly do not gobble up all the available green cards. For Chinese and Indian green card applicants the number of applications will exceed the number of green cards available and as a result, from time to time, some applicants will fall into a temporary backlog, “Retrogression” pool where they will become first in line as soon as the next wave of green cards are issued.

 

Green Card Status as at May 2018

Official Link

If you follow the  link scroll down to the Employment-based green card section, the table below is what you will see. I’ve simplified to only cover EB1, EB2 and EB3.

Note: “C” means current, no backlog. The date in the column I’ll explain below.

This chart applies to all new cases filed after April 2018.

EGH = El Salvador, Guatemala & Honduras

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Current vs. Retrogressed

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EB1 Petition vs. Green Card Application

As you can see the concern is with China and India. For EB1 based green cards they both have green card processing dates going back to 2012. The first thing I would stressed as much as possible, please ignore the 2012 date. Why? Because every October 1Classic Tray Lining Ecco Boots Black Ankle Hybrid nbsp;textile st, the retrogression date will clear, and re-set to “Current” and then at some time before October 1st 2019, the retrogression will once again kick in and another date will appear.  Whilst this is certainly true for EB1 cases, it may not be so rosy for EB2 and EB3 cases simply because the sheer volume of applicants in these lower categories means that even when the new wave of green cards become available they are all immediately taken and the category remains in retrogression.

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We’ve got to figure this out. We need more programmers, but can be secure them?

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Many people confuse or conflate the EB1 Petition with the Green Card application and think that if the green card quota is in retrogression they cannot file their case until it clears. So, let me break this down for you.

The EB1 Petition phase is completely unaffected by the quota system. An EB1 Petition application is where you put a case together with your lawyer to seek USCIS adjudication as to whether or not you can be given the official designation as being an Alien of Extraordinary ability.  USCIS welcomes these applications all year around and there is absolutely no quota issue to be concerned about regardless as to the country you are coming from.

Once your EB1 Petition has been approved, then you become eligible to apply for your green card and that’s when the issue of retrogression kicks in. If you are from China or India and green cards are in retrogression, you can still file your application and your hope is going to be that come October 1st you’ll be in that first wave of earlier approved EB1 petitions that will be taken from the wait list to current. So far, every EB1 application that is in the wait list becomes current on October 1st.

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The key to securing the best programmers, especially after you have secured them under perhaps an H-1B visa, is to support them with getting their EB1 green card card. If you do not you will lose them anyway and they will secure it for themselves anyway as EB1 green cards can be self-sponsored.

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So, there is absolutely no reason not to go full steam ahead with your EB1 Petition right away. You’re going to have a tough battle getting approved simply due to increased level of scrutiny, but with some perseverance we typically get almost every one of our clients through. Once, we have gotten them through the EB1 Petition phase, our clients do not spend more than 6 months on the wait-list before becoming current.

The goal must be to ensure that your place on the wait-list is as close to the front of the wait-list line as possible at all times. Do not delay.

Conclusion

There is a lot of noise going on in US Immigration, but our goal is to cut through that noise and keep our client’s informed and focused as to what needs to be done.

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With the right sourcing and forward planning everyone who needs an EB1 green card can actually get one.

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We look forward to receiving your inquiries and taking on your EB1 cases as soon as possible so we can get you approved and poised to get your green card when the next wave is released. To find out out check out these links below.

By Chris M. Ingram, LL.M., ESQ

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EB1 Green card Visa Requirements Check List:

Evidence of Eligibility: 8 C.F.R. 204.5(h) (3)

Initial evidence: – A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise.

Such evidence shall include evidence of a one-time achievement (that is, a major, internationally recognized award), or at least three of the following or the worker may submit “other comparable evidence” if the following criteria do not apply:

(i) National Award – Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; [More Info]

(ii) Invited Membership – Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; [Textile Slip Leather Honest ons Dorothy Navy Perkins 87TwYS]

(iii) Published Material About You – Published material about the alien in professional or major trade publications or other major media, relating the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation; [More Info]

(iv) Judging – Evidence of the alien’s participation, either individually or on a panel, as a judge of work of others in the same or an allied field of specialization for which classification is sought; [More Info]

(v) Innovation – Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; [More Info]

(vi) Scholarly Articles – Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media; [Qltd Meefic s Olive L Jacket Wmn Overshirt star Sundu Winter Hdd G 58xtq0P]

(vii) Exhibitions or Showcases – Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases; [More Info]

(viii) Leading /Critical Role – Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation; [More Info]

(ix) High Salary – Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or [More Info]

(x) Commercial Success – Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales. [More Info]

Now that you have had a chance to review this checklist, take your time to see how you measure up. If you do then when you complete and submit the consultation questionnaire, please include the three or more areas where you think you might be able to qualify.

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Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
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401 Wilshire Boulevard, 12th Floor,
[Cross Streets 4th and Wilshire]
Santa Monica,
California 90401
Tel: 310 496 4292

Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.

Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank you.

Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.

Important Notice: Please note that all videos created by the Law Offices of Chris M. Ingram are intended as general information only and not specific legal advice pertaining your case. If you would like specific legal advice on any immigration matter please do not hesitate to contact this law office accordingly. All pictorial images used in these videos and the website in general are licensed stocked images and not portraits, or otherwise, of anyone from the Law Offices of Chris M. Ingram, nor of its clients unless otherwise indicated by name. All images are used solely for illustrative purposes only. Copyright 2010-2018 All Rights Reserved.

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