Navigating the complexities of the EB1A petition process requires a strategic approach and an in-depth understanding of the criteria involved. One of the most critical elements in this process is articulating the “field for which classification is sought.” This aspect is not just a formality; it is the cornerstone of your entire petition, shaping how your achievements and contributions are perceived.

Defining the Field with Precision

The field for which classification is sought must be clearly defined, and it should reflect the petitioner’s area of extraordinary ability. This definition is crucial because it frames all subsequent arguments and evidence presented in the petition. A well-defined field allows for a cohesive narrative that demonstrates the petitioner’s sustained national or international acclaim.

When defining the field, specificity is key. For instance, instead of broadly stating “engineering,” a more precise definition might be “renewable energy engineering with a focus on solar power technology.” This level of detail ensures that the petitioner’s achievements are contextualized within a specific, recognizable area of expertise.

Once the field is defined, the next step is to align the petitioner’s achievements with this field. This involves showcasing how the petitioner’s contributions have significantly impacted the area of expertise. The petitioner must provide evidence of sustained acclaim, such as contributions of major significance, performing in a critical role, commanding a high salary in relation to one’s peers in the field, reviewing and judging the work of others, and membership in a professional organization based upon outstanding achievements judged by national or international experts.

The Role of Testimonial Letters

Testimonial letters play a vital role in strengthening the argument for extraordinary ability. These letters should come from experts who can speak authoritatively about the petitioner’s impact on the defined field. The letters must be detailed, providing specific examples of the petitioner’s contributions and their significance within the field.

In the context of “high voltage transformer technology,” a testimonial letter might describe the petitioner’s innovative design improvements that have enhanced energy efficiency and reliability in power distribution systems. Such detailed endorsements from industry participants and recognized experts provide compelling evidence of the petitioner’s extraordinary ability.

The field for which classification is sought is more than a mere label; it is the foundation upon which a successful EB1A petition is built. By precisely defining the field, aligning achievements with this field, leveraging testimonial letters, and meticulously addressing the USCIS criteria as an avenue to demonstrate one is among the highest percentage of their specific field, petitioners can present a compelling case for their extraordinary ability. This strategic approach not only enhances the coherence of the petition but also significantly increases the likelihood of a favorable outcome.

Sharif Silmi
Managing Attorney, Silmi Law

If you’ve recently been laid off while on an H-1B visa, it is totally understandable to feel stressed. But instead of letting that overwhelm you, it’s time to explore your options and take matters into your own hands. Even though things might seem tough, there are still paths you can take to move forward. Here are a few immediate actions you can take: 

First off, let’s talk about the 60-day grace period. After your H-1B employment ends, you still have two months to find a new employer sponsor. It’s your chance to hustle and find a new job. 

Additionally, you might qualify for one-year employment authorization documents if you can prove you have “compelling circumstances”. You have to show you’re the main beneficiary of an approved form I-140 and as based on the Visa Bulletin you’re not currently eligible for an immigrant visa based on your priority date, category, and country, and you can show a compelling reason for employment authorization.

How about if you have a pending or approved I-140? 

If you have a pending I-140 with your current employer, your situation is just like other H-1B holders, You have to either find a new employer or leave the country.  If your H-1B validity is nearing its end, you must go through the same H-1B lottery process again or leave the country. On the other hand,  If you still have a few years left on your H-1B, for instance, two years out of the initial three  years, you have the flexibility to seek new job opportunities and find a new employer.

If your I-140 has been approved but it has been less than 180 days since approval, your I-140 will be considered revoked if you leave your employer. In this case, you must refile the I-140 with a new employer or through a self-petition. 

In fact, exploring your options beyond traditional employer-sponsored visas can open up a world of opportunities. Self-petitioning for visas like the O-1, EB-1A, and National Interest Waiver (NIW) gives greater independence and flexibility. 

Finally, If your I-140 has been approved for more than 180 days, your priority date is locked in, allowing you to retain your priority date.

Ultimately, If you find yourself facing the possibility of leaving the country and prefer to explore alternative options, there are a few additional solutions worth considering:

If your previous employer is understanding, they may allow you to extend your termination date. This will allow you to search for a new job without the added stress of worrying about your visa status. That’s why you should avoid burning bridges with your employer. Sometimes, your employer might give you extra time as part of a severance package. This could stretch your deadline to another 60 days, making it a total of 120 days.

For example, let’s say you were told on May 15, 2024  that your job is ending. But then your employer gives you a severance package extending your last day to June 14, 2024. That means your 60-day grace period starts from June 14, 2024. 

If you’re the spouse of an H-1B visa holder, applying for an H-4 visa might allow you to stay in the United States.

You can also consider a change of status to an F-1 student visa or a B-1 business visitor or B-2 tourist visa.

While these options may not be ideal, they can provide temporary solutions to extend your stay in the United States while you explore other avenues for immigration or employment opportunities.

The article is not a substitute for legal advice.

If you are an employer looking to hire foreign employees, it is important to keep track of USCIS fee updates. These updates are made to align with the costs of providing USCIS services. USCIS is a fee-funded agency and 96% of USCIS funding is derived from these fees, highlighting the critical role of fee adjustments in sustaining operations and fulfilling the agency’s mandate.

Among the recent fee adjustments, One significant change worth noting is the introduction of the “USCIS Asylum Program Fee”. This new fee, intended to fund the costs associated with asylum processing, poses a significant financial responsibility for employers seeking to hire immigrant and non-immigrant workers.

With the implementation of the new rule, employers are now required to pay an additional $600 for certain immigration petitions such as I-140, and I-129 petitions.

Yet, amidst discussions focused on fee adjustment for employers, it is imperative to consider the implications for self-petitioning individuals. Unlike employers, self-petitioners seeking immigration benefits independently, rather than through an employer-sponsored petition are directly affected by fee adjustments made by USCIS.

Under the new fee structure, self-petitioners filing Form I-140 will face a “Reduced Asylum Program Fee” of $300. In fact, you are a self-petitioning individual who wants to apply under EB-1A or EB-2, National Interest Waiver, you are not completely exempt from fees and you still have to pay $300. When completing Form I-140 as a self petitioner, remember to check “Yes” in Part 1, Question 6.

Additionally, the final rule provides special provisions for certain petitioners. Nonprofit entities are completely waived from the Asylum Program Fee, and small employers with 25 or fewer full-time equivalent employees are required to pay $300.

With these new adjustments, USCIS aims to offset the costs associated with asylum processing, facilitating investments in essential infrastructure, system modernization, and overall user experience enhancement.

Written by: Sima Majnooni

The article is not a substitute for legal advice.

If you’re an individual with exceptional abilities or your work is in the national interest, you may be eligible for an EB1A or NIW self-petition for a U.S. green card. However, the application process can be complex and daunting, requiring extensive documentation and evidence to prove your eligibility. In this blog post, we’ll summarize the key insights from immigration attorney Sharif Silmi’s video “Membership Criteria in an EB1A or NIW Self Petition” and provide additional information to help you understand these types of self-petitions.

EB1A Self-Petitions

EB1A is a category within the Employment-Based First Preference that allows individuals with exceptional abilities to self-petition for a green card without an employer sponsor. To be eligible for an EB1A self-petition, you must demonstrate extraordinary ability in your field, which is defined as a level of expertise indicating that you are one of the few individuals who has risen to the top of your profession. This can be demonstrated through evidence of major international or national awards, membership in professional organizations, or publications in prestigious journals.
In addition to exceptional ability, you must also show that you intend to continue working in your field in the U.S. and that your work will substantially benefit the U.S. economy, culture, education, or welfare.

NIW Self-Petitions

The National Interest Waiver (NIW) is another self-petition category within the Employment-Based Second Preference that allows individuals whose work is in the national interest to apply for a green card without an employer sponsor. To be eligible for an NIW self-petition, you must demonstrate that your work is in the national interest, which can be shown through evidence that your work has a significant impact on your field or that it is related to a field that has a significant impact on the U.S. economy, culture, education, or welfare.
You must also demonstrate that you have the ability to continue working in your field in the U.S. and that it would be in the national interest to waive the job offer and labor certification requirements that are typically necessary for employment-based green cards.

Preparing a Successful Self-Petition

As Sharif Silmi explains in his video, preparing a successful self-petition requires careful attention to detail and a strong understanding of the eligibility criteria and application process. You will need to gather extensive documentation and evidence to prove your eligibility, which may include reference letters, publications, patents, and other achievements. Working with an experienced immigration attorney can help you navigate the process with confidence and increase your chances of success. Your attorney can help you gather the necessary evidence and prepare a convincing argument for why you meet the eligibility criteria for an EB1A or NIW self-petition.

Conclusion

EB1A and NIW self-petitions are valuable options for individuals who have exceptional abilities or whose work is in the national interest. By understanding the eligibility criteria and application process, you can increase your chances of success and achieve your immigration goals. Contact an experienced immigration attorney like Sharif Silmi to learn more about how he can help you navigate the process and achieve your immigration goals.

Form I-944 is a relatively new form used by United States Citizenship and Immigration Services to determine whether an applicant is inadmissible based on the public charge ground. The Form I944 is required for all employment and family based applications. According to Immigration and National Act (INA) section 212, a foreign national is considered inadmissible on public health grounds if he or she is more likely in the future to receive public benefits for more than 12 months within any 36-month period.

Adjustment of status applicants who are subject to public charge ground of inadmissibility must file Form I-944, Declaration of Sufficiency, along with Form I-485.

Required Documents for Form I-944

Form I-944 is somewhat voluminous with various sections requiring detailed information about you and members of your household. The following are the requirements for completing the form:

1. Proof of Household Income
This section of the form requires you to provide information on your household income. Required supporting documents for this include:
– IRS Transcripts of household members for the most recent tax returns
– IRS Transcripts of federal income tax returns for the last 3 years
– W-2s for the last 3 years
– Social Security Statement (if applicable)
– Pay stubs

2. Proof of Household Assets
Applicants whose gross household income is less than 125% of the HHS Poverty Guidelines may use assets held either in the United States or abroad. Examples include documents showing:
– Ownership of property, home, or real estate
– Ownership of automobile
– Evidence of mortgage
– Ownership of stocks, bank accounts, retirement accounts, etc

3. Liabilities/Debts Credit Report Score
– Car loans
– Mortgage
– Credit card debt
– Unpaid spousal or child support
– Unpaid taxes
– Evidence of bankruptcy resolution
– Other loans

4. Health Insurance
If you have health insurance coverage, you will need to provide your health insurance card. Other required documents include:
– IRS Form 1095-B
– Form 1095-C showing evidence of coverage renewal for the current year
– Letter from the health insurance company indicating statement of coverage
– Evidence showing future enrollment
– Transcript copy of IRS Form 8963
– Medical records

5. Public Benefits
– If you have ever received, applied for or certified to receive any kind of public benefit, you will need to provide all certifications, notices, letters or other related documents
– If you have been disenrolled from a public benefit or withdrawn, you will need to provide documents confirming the disenrollment

6. Education and Skills
Required documents include:
– High school degree
– College or higher degree
– Vocational school certificate
– Licenses of profession or occupation

7. Evidence of English proficiency
Examples include:
– Language certification certificates
– Evidence of current or literacy classes you’re currently taking
– If you are a native English speaker, you can provide college degrees and high school diplomas showing that you studied the native language for credit

8. Employment History
Proof of current employment, including dates of employment, name of employer, job title and duties
Proof of job offer from a U.S. employer

Other Documents
You may also need to provide the following:
– Marriage certificates
– Birth certificates of children
– Birth certificates of children of your spouse

Ultimately, the I-944 requirements must be met in order to complete your adjustment of status. Demonstrating to the government that you will not become a public charge will also depend on your English language proficiency and education level. One may also present business or investment related plans to show the officer that you intend to be self-reliant. If you are concerned about the I-944 requirements please contact our office at 443-329-2929 or at in**@si******.com and we will steer you in the right direction.

If you are looking for information on other types of visas and procedures, do take a look at our blogs page.

There are three classifications in the first category of employment-based immigration to the United States.

(1) EB1A, for individuals of extraordinary ability, is what this article will focus on.

(2) The second, EB1B, is for outstanding professors and researchers, you should note that this type of visa requires an employer’s sponsorship; and,

(3) EB1C, a classification for inter-company transferees, for example, a manager or an executive of a company with either a parent, affiliate, or subsidiary company in the US.

Addressing Misconceptions regarding the EB1A classification

We are going to discuss three of the most common misconceptions. The first one is whether one needs a Ph.D. degree to file for an EB1A visa or not, the second is whether you need to have an authorized published material to apply for an EB1A visa, and the third one is whether one needs to have a patent to apply for EB1A visa. The good news is none of these are required for an EB1A visa, and I will mention the reasons.

For the Ph.D. misconception, you will need to understand that there’s no education requirement for an EB1A visa. Unlike some other categories of visas, such as EB2, where there’s a general requirement for education, in eb1a, there’s no such requirement. Inevitably, most applicants have at least an undergraduate degree, but from a legal perspective, it’s not required. Unless you are a scholar or are engaging or endeavoring in some kind of scholarship, you may need a Ph.D., but that doesn’t mean you will surely be eligible for an EB1A based Green Card.

EB1A is a category of immigration for individuals who have risen to the highest level of their specific field of endeavor so that an individual may increase to this level without a Ph.D. For example, in the IT field, it’s rare to see someone doing advanced and innovative work related to AI, cyber security, or data science holding a Ph.D. degree.

The second misconception is whether you need to have an authorized publication. While having an authorized publication will be good evidence and help you get your EB1A approved, it is not required; you do not need to have publications to apply or qualify for Eb1a.

The third misconception is divided into two points:

• number one, do I need to have patents to apply for Eb1a?
• number two, if I have patents, does it mean that I qualify for Eb1a?

The answer to both of those questions is no. You do not need a patent to apply for EB1A, but if you have a patent, does that mean you will qualify for EB1A?

The patent demonstrates that you have an original contribution to the field of endeavor, but the test is not whether you have an original contribution; the test for this essential criterion is: whether the patent (i.e., the original contribution) is of significant significance to the field.

To determine whether your original contribution is significant, consider these four factors:

1. Has the contribution had an impact on subsequent work in the field?
2. Is there widespread discussion about the contribution?
3. What is the (documented) economic, social, technological, or scientific impact of the contribution?
4. Is there government interest/funding in the contribution?

Understand that while a patent is recognized as original contribution for it to count you need to prove its significance in light of the four factors listed above. One may also demonstrate the originality of their contribution without a patent!

Originality requires proof of concept, for example, it can be work product evidence that is attributed to the applicant or a definitive statement from an organization regarding the EB1A candidate’s involvement in the genesis of the contribution.

What does one really need to prove in order to be approved for an EB1A based Green Card?

It’s very important to know that there are three requirements to qualify for an EB1A based Green Card.

The first requirement, is that you have already sustained acclaim that is recognized within your field of endeavor. The second one is that you will prospectively benefit the United States based on being well positioned to provide future benefit to the U.S.

The third requirement, is that you will continue to work in your field of endeavor.

If you are questioning how to demonstrate sustained acclaim; the answer is that comes down to several criteria (you can find them on the USCIS website), but I should focus on an important point (I’ve mentioned previously) which is that nowhere in the legal requirements and Immigration laws will you find that the individual applying for an EB1A based Green Card must have a Ph.D.

I’m determined qualifying evidence for an EB1A petition look at your experience;

• What roles have you performed in?
• What contributions have you made?
• What do you spend most of your time on?
• What is the most important professional achievement you have made in your life thus far?

A uniquely tailored approach to EB1A highlights the important work that you have accomplished and what you’ve invested your time and energy into. That is where you need to look in gathering the building blocks of your EB1A based Green Card application.

Are you a US citizen who recently married a foreign citizen? Well, congratulations, but now you must think of the various ways you can bring them to the US. Typically, there are two ways you can bring your significant other to the US.

You can go down the marriage green card road or go for a fiancé visa. There are different provisions for both, and you must be very careful when selecting the right option. Let’s take a deeper look at the issues you must consider:

How to Make the Decision between the Two?

Here are all the factors you must consider when choosing the right route:

The Place of Your Marriage

If you want to marry in the US, you must go for the fiancé K-1 route as it used to visit the US. Once you qualify for the K-1 visa, it is important to get married within 90 days of admission. You can have an unofficial party back home and then come to the US to cover the legalities. However, if you do not want to marry within the US, you can opt for the marriage green card visa.

Speed of Marriage

If you want to marry right away, you should not opt for the K-1 visa as it can take a long time to process the visa. This is why it is generally a better idea to wait for the K-1 visa to come through before you get married. Or, if you are ethically bound to marry as soon as possible, you can opt for a marriage green card.

US Presence

The K-1 visa is a faster way to get your spouse to the US, as it usually takes up to 5-10 months to get the visa. On the other hand, the green card visa takes a longer time, which is typically 10-16 months.

The Filing Fee

The filing fee for the fiancé visa is higher than the marriage visa, which means if you have a tight budget and cannot afford a high fee, you must go for a marriage visa.

Understanding the intricacies of both these visas and what option you should go for can be difficult, which is why you must get help from experts and allow them to direct you in the right direction. Silmi Law can help you explore all the options you have and give you all the information you need.

Among their excellent qualities, Chinese people are well-known for are being business savvy and practical in money matters. In their daily lives, and especially in their business practices, they continue their ancient rituals and traditions, such as celebrating the Chinese New Year, also known across Asia as the Spring Harvest Festival, and regarded the world over as the Lunar New Year.  

The Lunar New Year is celebrated on February 1, 2022, ushering in the Year of the Water-Tiger. This is said to be the year of possibilities, attributing it to the majestic and mighty tiger traits, revered in various cultures as the mark of royalty or even deity. In the Chinese Zodiac, the Tiger, alongside the enigmatic Dragon, is the most notable animal. Those born under these signs are the leaders; they are brilliant, ferocious, and inspiring. Further, the Tiger-born are extraordinarily wise, charming, creative, courageous, and confident. They are always full of verve and passion, especially when achieving their goals.

We invite you to do the same; unleash the Tiger in you and pounce at your chance to experience a taste of the American Dream via the E-2 Investor Treaty Visa, a classification reserved for the business elite.

Here are a few essential things you need to know about the E2 Investor Visa:

• The E-2 Treaty Investor Visa allows foreign nationals to live and work in the U.S. to do business. With it, setting up one’s own business or purchasing an existing business is possible.
• Formally known as the E-2 nonimmigrant classification, it allows nationals of a Treaty Country (nations with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains an international qualifying agreement) to be admitted when investing a substantial amount of capital in a U.S. business.
• The U.S. Department of State’s Bureau of Consular Affairs website has a Treaty Countries section which contains the list of countries with an E-2 Treaty with the United States. If you are a national of these countries, you may be eligible for this classification.
• Countries like Russia, Brazil, and India do not have this treaty with the U.S; as such, nationals from these countries may not apply for this visa at present. Interestingly, not all the Chinese can also qualify as nationals from the People’s Republic of China (known as Zhongguo). Only citizens from the Republic of China (Taiwan) may apply for the E-2 Visa.
• E-2 Visa holders may be granted a Social Security Number. Certain employees of such a person and their dependents may also be eligible for this type of visa and its benefits.
• It is a nonimmigrant classification, so this does not lead to permanent residence or a green card. Holders of such a visa may enjoy a maximum initial stay of two (2) years in the United States.
• Some confuse this for the EB-5 Immigrant Investment Visa, which leads to lawful permanent residence. The significant difference between the E-2 Investor Visa and the EB-5 Immigrant Investor Visa is that the latter requires a minimum investment of $500,000. In contrast, the E-2 only requires a “substantial” amount of capital. Also, the EB-5 visa requires creating ten full-time jobs for U.S. workers, while the E-2 visa has no job creation requirement. Lastly, as with most nonimmigrant privileges, the E-2 Visa undergoes a faster processing time.

Just being business-savvy like the Chinese and brave like the Tiger is not enough! You also need to obtain expert advice regarding the perplexing U.S Immigration system. If you’re eager to navigate the E-2 Investment course successfully and to learn more about other immigration options which may be available for you, call Silmi Law today! Take Matters Into Your Own Hands this Lunar New Year!