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NIW physician PACE act
- Thread starter eb2phy
- Start date
houston2005
Registered Users (C)
Sure this is applicable to pending NIW applicants.
source: www.immigration-law.com
NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED IMMIGRANTS:
Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).
Applicability- The amendments made by this section shall apply to any visa application pending on the date of enactment of this Act and any visa application filed on or after such date of enactment.
source: www.immigration-law.com
NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED IMMIGRANTS:
Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).
Applicability- The amendments made by this section shall apply to any visa application pending on the date of enactment of this Act and any visa application filed on or after such date of enactment.
so i guess it will be beneficial to niw applicants at end of 5 year period . BUt can one also use the pending 485 from NIW to labor /140 and get the green card before the five years are over. ( i guess not since its techanically not NIW 485 anymore) , any feedbacks appreciated
If PACE act passes, USCUS interpretation!!!!!!
By this act(PACE) you have to apply after three years of job in (H1) New140- three to six month processing time, then 485 one year atleast processing time, I guess it will boil down the same. If you are lucky may be sooner. Again it depends on USCIS interpretation of residency and fellowship as advanced doctoral degreE earned in USA.
The other scenario which may help us get green card sooer, if USCIS allows, you will just need to get a new 140 approved( under PACE ACT) after three years on H1( if they agree your residency , fellowship is advanced doctoral degree) and then also agree to use the priority date from your previous 485 application. Eventhough there is no numerical limitation USCIS processing may take time and I am not sure how they will get to applications.
One thing for sure if this act passes and becomes a law as it is now after five years, you don't have to wait ( NIW EB2 physician) for actual green card because of non availability of EB numbers.
By this act(PACE) you have to apply after three years of job in (H1) New140- three to six month processing time, then 485 one year atleast processing time, I guess it will boil down the same. If you are lucky may be sooner. Again it depends on USCIS interpretation of residency and fellowship as advanced doctoral degreE earned in USA.
The other scenario which may help us get green card sooer, if USCIS allows, you will just need to get a new 140 approved( under PACE ACT) after three years on H1( if they agree your residency , fellowship is advanced doctoral degree) and then also agree to use the priority date from your previous 485 application. Eventhough there is no numerical limitation USCIS processing may take time and I am not sure how they will get to applications.
One thing for sure if this act passes and becomes a law as it is now after five years, you don't have to wait ( NIW EB2 physician) for actual green card because of non availability of EB numbers.