Prepare Your EB-1 Part 2

Expert Voices: Kazarian, Bier, Anderson

Immigration Attorney Chris M. Ingram observes, “Having practiced U.S. immigration law for over 20 years, I’ve seen gradual USCIS policy shifts. A milestone was the 9th Circuit’s March 4, 2010, ruling in Kazarian v. USCIS, setting a two-step review, first tally evidence, then final merits, and shaping updates in the USCIS Policy Manual that officers must apply.”
David J. Bier of the Cato Institute slams delays: “Employer-Sponsored Green Card Processing Takes 3.4 Years. If you want to understand why becoming an American is such a disaster, look at just how long the bureaucracy takes to push around paperwork. This is a dumpster fire. Burn it down!”
Stuart Anderson of the National Foundation for American Policy urges cap removal, cautioning backlogs drive talent to rivals like Canada.

Speculated Changes and Key Concerns

Tougher EB-1A & EB-2 NIW Standards Ahead

Experts predict tougher EB-1A bars, like needing five of ten criteria instead of three, challenging upgrades for STEM pros with borderline cases and worsening recent approval drops. EB-2 NIW may formalize Dhanasar with added economic/security focus, amid 2025 H-1B curbs, extending your residency bridge. New-field applicants may falter if reforms favor classic proofs over innovations.
Growing worries include retroactivity, USCIS assures none for pending cases, but the vibe hints at harsher reviews. October 2024 reports hailed easements yet flagged limits, matching Q3 NIW lows.

Appeals, Fraud Claims & Systemic Issues

Ingram calms: “Not every case wins initially, as USCIS officers adapt to policy changes. We’ve won appeals via the Administrative Appeals Office to clarify rulings, setting precedents for future wins.”
Bier disputes fraud claims: a headline alleging “hundreds committed fraud actually led to charges against only two.” Anderson demands cap abolition for U.S. edge.

Timeline and Regulatory Process

From Fall 2024, the NPRM aims for January 2026 release, then 60-day comments and mid- to late-2026 rollout. For you, this means file EB-1A now to lock current rules.
The Office of Information and Regulatory Affairs (OIRA) oversees burden cuts; the process welcomes input, your shot to push STEM-friendly changes and backlog fixes. Drafts stay secret, but Spring 2025 confirms progress.

Implications and Recommendations for Indian H-1B Holders

Act Now: EB-1A Upgrade Strategy

Reforms could raise denials for marginal EB-1A cases by demanding evidence depth, yet STEM guidance boosts your odds, file today under existing rules. If your EB-2 wait tops 3-4 years (PD pre-~2021-2022), upgrading to EB-1A with PD porting enables instant I-485 filing and green card, escaping retrogression plus stricter post-2026 criteria, fraud checks, and delays.
NIW offers self-petition freedom and portability but no queue relief, perfect without I-140 or for job mobility.

Chris M. Ingram, a U.S. Immigration Attorney, is originally from Northampton, England. He earned his BA (Hons) in Law from De Montfort University, Leicester, UK, in 1994. In 1996, he completed his Post Graduate Diploma in Legal Practice (PGDLP) at De Montfort School of Law, followed by a Master of Laws (LL.M.) from Huddersfield University, UK, in 1998. After relocating to the United States, Chris was admitted to the New York State Bar in 2003 and has been a proud member of the American Immigration Lawyers Association (AILA) since 2004.

Having experienced the U.S. immigration process firsthand with his wife and three children, Chris M. Ingram founded his law firm with a mission to ensure that every client receives the best possible immigration experience. He recognized the need for accessible and comprehensive immigration education, leading him to develop one of the most informative online platforms available today.

The Law Offices of Chris M. Ingram website now features:

1. Over 1,000 pages of immigration resources
2. Hundreds of educational videos on visa and green card options
3. Client success stories and testimonials to inspire new applicants

We continually update and expand our content to keep visitors informed about the latest immigration policies, visa options, and legal strategies.