Dear Clients and Colleagues,

We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:

EB-1A Green Card Pathway: An Exceptional Option for Indian Computer and Management Professionals Facing Decade-Long Priority Date Backlogs

The EB-1A green card pathway has emerged as an increasingly viable solution for Indian professionals in computer science, IT management, and project management facing severe backlog delays in the U.S. employment-based immigration system. With priority dates for Indian applicants in the EB-2 and EB-3 categories lagging as far back as 2012, highly skilled professionals are increasingly pursuing the EB-1A “Extraordinary Ability” category, which, despite backlogs, offers greater mobility and swifter advancement for qualified candidates. Over the past year, EB-1A processing has shifted to focus primarily on priority dates around 2022, yet it remains a significant opportunity for those with standout credentials.

Our firm has successfully helped hundreds of IT managers, project managers, and data scientists achieve EB-1A approvals, paving the way to a more promising green card timeline. Through targeted strategies emphasizing “extraordinary ability” criteria, we've crafted petitions that highlight each professional's unique qualifications, navigating a rigorous process that places emphasis on significant accomplishments, publications, leadership, and unique contributions to the field.

Key EB-1A Criteria for Computer and Management Professionals:

In EB-1A petitions, we typically focus on four key areas that demonstrate a professional's extraordinary ability, tailoring each application to showcase strengths in the following criteria:

1. Original Contributions of Major Significance to the Field: For professionals in technology and management, substantial original contributions can come from creating transformative technologies, implementing innovative strategies in project management, or leading high-impact IT programs. For example, our clients have successfully demonstrated contributions through the development of novel AI-driven products, cloud transformation initiatives, and cost-saving innovations, each creating significant advancements in the industry.
2. Leading or Critical Role for Distinguished Organizations: Many of our clients have held crucial roles in top-tier organizations, demonstrating their leadership and impact in strategic projects and large-scale initiatives. Whether as IT managers driving cloud migration projects or as project managers overseeing multi-million-dollar software implementations, these roles underscore their unique contributions to high-profile projects with national or global importance.
3. Authorship of Scholarly Articles and Publications: We have supported candidates who have authored articles, presented at conferences, or contributed to white papers on topics ranging from artificial intelligence and machine learning to software project management. These contributions not only demonstrate their knowledge but also position them as thought leaders in their field.
4. High Salary or Remuneration Compared to Others in the Field: Our firm leverages industry data to show how clients' salaries rank in the top percentile of their peers, highlighting them as among the highest compensated for their expertise. For instance, professionals with specialized skills in cloud management, data science, or advanced project management often command high salaries, which can serve as key evidence of their exceptional status.

A Pathway to Success: Building a Winning EB-1A Petition:

To strengthen an EB-1A petition, we dive deep into each client's background, gathering evidence that meets USCIS's high bar for “extraordinary ability.” We carefully structure each petition to align with USCIS's criteria, building compelling narratives that support each criterion and avoid redundancy.

• Original Contributions: We highlight tangible examples of impactful contributions, such as case studies on specific technologies developed or implemented, awards or recognitions received, and success metrics for projects led by the applicant.
• Leadership Roles: Letters of recommendation from senior executives and colleagues add weight to the petition, attesting to the applicant's critical role and their influence on organizational success.
• Authorship and Publications: Where clients have authored industry publications or white papers, these documents become core parts of the petition, along with evidence of conference presentations, citations, or related media coverage.
• High Salary Evidence: We include salary benchmarks and industry standards, demonstrating that clients earn significantly above their peers, a clear indicator of their exceptional value and expertise.

Transforming Backlogs into Opportunities:

Indian professionals caught in years-long backlogs can benefit greatly from the EB-1A route. While the EB-1 category has also faced recent slowdowns, the priority dates for EB-1A remain significantly more manageable than EB-2 and EB-3, especially for Indian applicants. Those who meet the stringent EB-1A requirements stand to move forward in their green card journey much sooner.

With extensive experience in preparing EB-1A applications for computer and management professionals, our firm has achieved high success rates for applicants meeting USCIS's high standards. The opportunity is particularly compelling for those with the demonstrated leadership, technical contributions, and industry recognition that EB-1A demands.

As backlogs continue to strain traditional pathways, the EB-1A extraordinary ability category provides a valuable and viable option for Indian professionals with the credentials to meet this elite classification. For eligible candidates, the EB-1A pathway transforms a challenging green card process into a faster and more achievable goal, leveraging their accomplishments to obtain the benefits of U.S. permanent residency.

Reminder: FY 2026 Diversity Visa Lottery Registration Ends November 7

The registration deadline for the Fiscal Year (FY) 2026 Diversity Visa (DV) Lottery is fast approaching. Foreign nationals interested in participating must submit their completed online registration forms and digital photos by Thursday, November 7, 2024, at noon EST. The U.S. Department of State initially set the deadline for November 5 but has since updated it to November 7, giving applicants a bit more time to finalize their submissions.

The Diversity Visa lottery program is designed to promote diversity in U.S. immigration by offering green card opportunities to individuals from countries with low rates of immigration to the United States. For FY 2026, the program will issue up to 55,000 green cards through a random selection process. Those chosen in the lottery will be eligible to apply for permanent residency beginning on October 1, 2025, when the 2026 fiscal year starts.

Important Reminders for Applicants:

• Follow Instructions Carefully: To avoid disqualification, applicants must adhere strictly to the State Department's official guidelines for submission, including photo requirements and accuracy in personal information.
• Apply Only Once: Multiple submissions from the same applicant will lead to disqualification.
• Beware of Scams: The DV lottery is free to enter, and the State Department warns applicants to be cautious of fraudulent websites or services that claim to increase chances of selection for a fee.

With just days remaining, those interested in the FY 2026 Diversity Visa lottery should ensure their applications are accurate and complete before the November 7 deadline.

USCIS Updates Policy Manual Guidance for T Visa

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to reflect new guidance on T nonimmigrant status, or T visas, aligning with the Final Rule on Classification for Victims of Severe Forms of Trafficking in Persons, published on April 30, 2024. The T visa provides protections to human trafficking victims, allowing them to remain in the United States for up to four years initially.

The updated guidance, effective immediately, applies to applications pending or filed on or after August 28, 2024. It emphasizes a victim-centered and trauma-informed approach, expands on “any credible evidence” requirements, and clarifies rules around physical presence and reporting obligations. Additionally, USCIS has introduced a bona fide determination process for applicants, which may allow those with bona fide applications to obtain deferred action and employment authorization while their T visa application is processed.

For more details, applicants can refer to Volume 3 and Volume 9 of the USCIS Policy Manual.

How to Apply for a Social Security Card as a Non-Immigrant Visa Holder (F-1 OPT, H-1B, H-4 EAD, L-2, E-2, and Other EAD Holders)

Applying for a Social Security Number (SSN) as a non-immigrant visa holder is a straightforward process but requires specific documentation to prove your eligibility. Here's a step-by-step guide to help you obtain a Social Security Card.

Step 1: Check Your Eligibility

Only certain visa holders are eligible for an SSN:• Employment Authorization Document (EAD) holders (F-1 OPT, H-4 EAD, L-2 EAD, E-2 EAD, etc.)• Non-immigrant visa holders with employment authorization such as H-1B holders

Step 2: Gather Required Documents

You'll need to provide original documents or certified copies from the issuing agency. Required documents include:

1. Proof of Work Authorization

• If you have an EAD, provide the EAD card (Form I-766).
• For H-1B, show the valid Form I-94 and Form I-797 approval notice.
• For F-1 OPT, you'll need your EAD card along with a job offer letter if possible.

2. Proof of Identity and Immigration Status

• Passport.
• Form I-94 (Arrival/Departure Record).
• Visa that aligns with your work authorization (H-1B, F-1 OPT, etc.).

3. Proof of Age

• Birth certificate or passport.

Step 3: Complete Form SS-5

Fill out the Social Security Card Application (Form SS-5), which is available on the Social Security Administration (SSA) website or at your local SSA office.

Step 4: Locate Your Nearest SSA Office

Find your local SSA office on the SSA website. You will need to submit your application in person, as non-U.S. citizens are generally required to apply directly at an SSA office.

Step 5: Submit Your Application

Bring all required documents and your completed Form SS-5 to the SSA office. Be prepared for the SSA officer to review your documents for authenticity and eligibility.

Step 6: Wait for Your SSN Card

Once your application is accepted, it typically takes 2-4 weeks to receive your SSN card by mail. You will only receive one card, and there is no fee for the initial SSN application.

Important Notes:

• F-1 Students on OPT: Make sure your OPT is approved and you have received your EAD card before applying.
• Processing Times: SSN processing may vary by location. Check your local SSA office for specific wait times.
• Using Your SSN: Your SSN is for employment and tax purposes; do not share it unnecessarily, as it's a sensitive piece of personal information.

This guide will help you navigate the steps and documents required to obtain your Social Security Card.

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.

Sincerely,

Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.