Pregúntale a la abogada sobre EB2 NIW o EB1A

[00:00:02][music] [music] [music] [music] [music] [music] [music] Hello, how are you? Good morning, good afternoon, welcome to Oscar Greencard in Spanish, another month with our reference lawyer, Ana Gabriela Urizar. How are you, Ana Gabriela?

[00:01:03]Hello everyone, it's great to be back here.

[00:01:06]Well, uh, Ana Gabriela, we're talking about the game, about immigration news. There are many things happening in the world.

[00:01:13]Visa newsletter.

[00:01:15]The view bulletin is famous.

[00:01:17]I was actually joking with your colleague, Evan, the other day because we spoke to him on Friday and of course, we were waiting for the bulletin and I was saying to him, "It's going to come out again because last month it happened that it came out the day we spoke to him." I said, "It's going to be a tradition." But in the end they didn't make us wait until Monday. It's amazing. I don't know what's happening in Ustis. Why does it take so long to get things out?

[00:01:43]But anyway, today we're going to talk about visa bulletins, I do n't know because we know how we start, but depending on the questions we might end up talking about other things, but we're going to do a first part with a guest from our courses who is Paco and we're going to look at his B2W case, answer those questions and then we're going to move on to questions and answers in general. So if you're watching this program live, you can start writing your questions now and then we'll get to them in the second part. But before we get there, before we introduce Paco and Ana Gabriela, I want to say that today's video is sponsored by Manifest Law, a new kind of law firm that provides the legal support we need on the path to a Green Card, but also the responsibility, the human transparency, and the different touch of a new immigration firm, which Ana Gabriela belongs to. So, thank you Manifest for sponsoring the video and thank you again Ana Gabriela for being with us. And now we're going to give way to Paco. Paco, how are you? How are you?

[00:02:57]Hi how are things? Good morning. How are you? Thank you very much for the invitation, Oscar. It's a pleasure to be here.

[00:03:02]Taco, where are you from?

[00:03:05]Well, originally I'm from [country name], although I've been living in the United States for a couple of years now, with an E of two, but anyway, we'll talk about it later, okay? So, before we move on to the serious topics, we have another person who is very happy with the result of the cup, right? I understand.

[00:03:22]Yes ok. Hey Paco, a member of our platform, tell us a little bit about yourself. We already have some details on screen about your B2 New W case. Tell us a little about who Paco is professionally, how you plan to structure this case so that we can then move on to talking with Ana Gabriela.

[00:03:42]Perfect. Well, Paco has a rather peculiar profile, doesn't he?, compared to what you usually see. People usually have a role, right? Or a hat, as we usually say. In my case there are two. Since I was little, I've always had two roles. On one hand, there is technology. Uh, lately I've been focused on cybersecurity and on the other hand I've been involved in racket sports, which is my other professional role as well.

[00:04:04]So, in this specific case, we focus on the cybersecurity aspect in aviation, which would be the Endbolor, which I have prepared. I have been working in the aviation sector in Spain for over 20 years. And in this specific case, the end goal would be how to strengthen cybersecurity resilience in US civil aviation. It is a critical infrastructure that has been declared by the government itself, along with other critical infrastructures.

[00:04:28]So, the idea here would be to use a consultancy to be able to carry out these issues, right? So, by strengthening, creating new talent, training them, collaborating with different companies in the aviation sector, and collaborating with the entire threat intelligence aspect, right? All that would be extracting what's being discussed on the dark web, well, not going into many technical topics, but on that other internet, right? Everything outside of Google, YouTube, and so on, that whole network, right? where many sensitive issues are discussed for organizations, countries, and citizens, of course.

[00:05:03]Well, it's more or less clear to us now which field it falls into. So, uh, before I let you ask, I'm sure you want to ask Ana, uh, what is your, let's say, where are you in the process right now? Hey, have you started writing yet, or are you going to see a lawyer? Where exactly are you?

[00:05:26]Well, look, my first experience with US visas was an E2, as I mentioned before, and yes, I did it through a lawyer, but now I think I was in a situation where I could do it through you, or rather, through Oscar, right? Because the truth is that you're helping me a lot with everything you have, the course, the platform, etc., and in the end we're doing it ourselves, right? Uh, where are we right now? Well, we're in the final stages of the process now. We have everything more or less put together; we're just missing some lettering that's already been approved. I mean, I have their OK from the other party, so I only need their signature and then to finish assembling everything so I can send it.

[00:06:01]Well, it's to send it in August, mid-August, late August, if all goes well, and then we'll just have to wait and see.

[00:06:07]Okay, great. And well, now I'll leave you to it. Ana Gabriel, I don't know if you want to say something about the case you're seeing, and then Paco can ask you.

[00:06:17]Yes, just one quick question. What are your qualifications? Do you have bachelor's degrees, master's degrees?

[00:06:22]What is your educational background?

[00:06:24]Yes, I have an education, that is, in this specific case I am not going to go via Advanced Degree, I am going to go through exceptional ability because the master's degree I have in cybersecurity is a private degree, it is not an official degree. So, this was something I discovered over time, in fact I discovered it recently. At first it was a bit of a letdown, wasn't it? Because I could n't go the first way, but well, then in the end I saw that due to exceptional ability I think, under my own assessment, I could advance, right? But in principle I have a computer engineering degree practically finished and then they allowed me to do the master's directly because it was almost finished and I have that master's degree in cybersecurity, in addition to many other certifications in the field of both cybersecurity and Aviation Security.

[00:07:05]One question, uh, why isn't it going down the route of a bachelor's degree plus 5 years of experience?

[00:07:12]Because, well, what would be in Spain an engineering degree is not finished, it's at 90% and something, so I have nothing left, very little. One was to finish that part, but in the end that was left there a long time ago because I entered the cybersecurity master's program and it was indeed finished. Other previous studies are also finished, a higher-level vocational training cycle as it is called in Spain. So, in the end I got more into specific technology, cybersecurity and aviation certifications and I moved away a bit from that part, right? So, it could be resumed now, but that would slow down the whole process a bit.

[00:07:45]Perfect, perfect, perfect.

[00:07:48]Well, my overall opinion after seeing your case, what you've presented, I imagine you've looked in the White Page for the executive orders related to your endeavor, and it's one of the, in my opinion, I think the number one priority of this administration is National Security, and under National Security, everything related to cybersecurity falls, especially if it's about cyberattacks, terrorist attacks, security in terms of using, for example, even if you're not working directly with the Department of Defense, all of this is applicable to the Department of Defense. So, it's a very important topic. Okay, now this is how you're going to organize it. So, I don't know if you have specific questions regarding your application, so I'll start answering them. Yes, I did have one, in fact, well, a single comment on what you're saying. Totally agree. Uh, in fact it was very good because a few weeks ago there was a statement, a note that I'm also going to put as evidence within the whole PAC, which is that there is a kind of common alliance between the FA, what would be the civil aviation of the United States and EASA, which would be the same, but in Europe. So, they have a pretty strong collaborative group in terms of aviation security. In other words, they've made it public so that everyone knows they're working on it. I believe that even supports my specific case a little bit.

[00:09:16]Definitely, and I think many people forget to use what is already publicly available, right? What the government provides—the executive orders, the press releases—that's valuable information that's free, it's flexible, you can use it to strengthen your case, and it's the government itself that's providing it, right? It's not that you got it from somewhere or not, it's the government itself, so what could be better than that, right? In the end, Ustis is still part of the government itself, isn't it? So I think that, I believe, from my point of view, also helps. And as for questions, yes, I had several, if you'll allow me. One is like I come from an E2, well, in fact I'm still with an E2, I still have 3 years left until the summer of 2029, uh, then the time will come if they approve the I140, we will have to do either consular processing or uh AOS, right? Advance of Stanus. So, one of the questions, besides the order that came out a few weeks ago, right?, which drove us all a little crazy and still drives us crazy, is whether in my specific case, which is perhaps a little special, there is a greater chance of success, or I don't know if success or not, but to continue via consular processing, which would mean leaving the United States, going to Madrid, for example, or changing my status within the United States. What do you think? This obviously doesn't constitute legal advice, right?

[00:10:32]Because I want you to make your own decision, but it's more for... for education. In this term, since you have an E2, there are two things. The first thing is that I think it will absolutely benefit and help your application, especially for PR number two, because in number two, in your second pro, you can argue that not only are you well positioned if they approve you to continue doing that work, but you have already done it. You already have the record of having an E2, of having your own business, of being self-sufficient, of supporting yourself. So, all of that is going to help you a lot. Now, the second part that I want you to be aware of is that I think that especially if Spain doesn't fall into the van of 75 countries, I think it's worth doing the I140, the I140, the NW as consular processing, right? And not as an adjustment of status, because that way you are absolutely complying with all the rules, you are keeping the intent of your E2 intact and you are saying that of course, if they approve your I140, you are going to do it the way you have to do it, which is through the consular process, right? Because you have an E2. If you had an H1B or an L1, I think my recommendation would be to... But in that situation it's worth doing it through the consulate. And that's it, Gabriela, based on the latest changes, right? To be super conservative with those latest status adjustment news.

[00:12:05]Extremely conservative, isn't it?

[00:12:07]Because you could eventually adjust your status and say, "Well, my intention changed, but you have to look at the last time you entered, you have to look at the status adjustment, you have to establish an argument as to why you can't go to Spain. Doing it consularly is a bit more difficult, it can still be done, but as you say, Oscar, it's based on the memo and having a super conservative approach.

[00:12:30]Yes, there's the only risk there. Well, each option has its risks and advantages, as is usually the case, right? But the part about doing it via the console process, if for whatever reason they deny it, upon re-entering the United States, there, of course, there could be a bit of a problem, right? You had an E2, meaning your intention was to leave the country, but instead you made the change. But well, it's a risk that in the end will have to be assumed, right? And finally, we go to the console, well, yes, but well, that's the risk. I mean, well, we're not going to talk about that specifically, but well, that risk in general can occur." Either way, with a non-immigrant visa. In the end, at some point, you're going to have to leave the country, you know? And so that's always there, in any case, but, as I said, everything we 're talking about is educational.

[00:13:20]Then, on the other hand, since I'm going to apply initially via exceptional ability, I wanted to ask you, Ana Gabriela, if in your experience you've had cases where, for an EV2 National Interest Wave, they've gone through this route, right?

[00:13:34]I think, and Óscar usually mentions this, that the most common route is to see an Advanced Degree, but have you seen any cases approved via exceptional ability?

[00:13:43]Yes, I've seen them, but they're not very common, especially with the clientele I've worked with. I usually work with very large technology companies, and most of the people they hire already have master's degrees, but yes, I've seen them, but they're uncommon.

[00:14:01]Okay, perfect, thank you very much. Then, in my specific case, did I have strengths and weaknesses? I don't know, any strengths you've seen? This part I think you can take good advantage of, or even better, focusing on the weaknesses. Some kind of evidence that, for example, you might say, well, if you could provide evidence of X, that could strengthen the case, right? Because maybe they see a weak point there, a gray area. Of course, especially working in cybercrime, I think it's very important that you pay attention to point number three. Um, I've been reading a lot of RFs and denials from other lawyers, not mine, and not from this firm, but from other places, but I like to see what the officers are thinking and saying. And something I 've noticed is that they're relying on denying applications and giving RAFIs a lot on point number three, especially people who are self-employed and have their own businesses. Because if someone works for a company, it's easier to make the argument, uh, sorry, to make point number two, to make the argument that the way you're going to keep pushing this endeor is through your employer.

[00:15:07]Right? But for people who are self-employed, it's a little more difficult in your situation. I think you have an advantage, as I explained, with the fact that you already have a proven track record, that you've supported yourself, that you've been successful, that you've worked hard, and that you've generated all of this. Uh, it's easier to make the argument that you're going to continue doing it that way. Now, moving on to proposition number three, what I've seen officials doing a lot of pushback on is PR number three. Uh, usually PR number three, as we know, is when you make the argument that it's in the government's best interest to basically skip the line, right? Not do the 3-year permit. And when I see in blogs or I see lawyers talking about permits, well, I literally managed the largest technology permanent system for almost 10 years, and right now it's taking almost 3 years for an I-140 permit.

[00:16:04]Now, based on that, uh, people, especially people who are their own bosses, uh, or entrepreneurs, or Founders put in argument number three that they can't go through the process of having a boss or employer sponsor them, and that they need more flexibility because they are self-employed. This is an argument that can be made and is included in the USCIS manual, but it's a weak argument. So, yes, you can make it, but it does n't have to be the only one. You have to be more specific, especially by providing numbers and metrics, which is another thing the officers are asking for. It's not a requirement in immigration law, but it's what the officers are asking for. I'll give you an example. For example, in your situation, I would argue specifically regarding cybersecurity, because an officer is going to say, "Well, why ca n't you go to Spain and continue doing your work from Spain if everything is done by computer?" So, something I've been able to argue with my clients, especially regarding cybersecurity, is the risks of an attack. If you're using your work, especially if you're developing technology that will be Used by the United States government, you know, there are protocols, there are rules, there are processes for people working on this, requiring them to be physically present in the United States, because if you go to another country, the networks aren't as secure. I've seen it with some of my clients who, in jobs involving SA security, aren't allowed to take their computers out of the country, right?

[00:17:35]They have to reach an agreement, right? They can't take their computers out of the country for the same reason, right? Because of the risk of attacks. So, that's what I would argue. I would argue why, even though your work is done online, you have to be physically present in the United States. Maybe some clients ask you, or have asked you in the past, to be at the client site, to go there, to review the infrastructure, the computers, the system. I would argue that. Another thing I would argue is why, because the whole reason for PERM is to protect American jobs from being displaced by a foreign company, right?

[00:18:14]Another point I would make is that in your case, the Department of Labor's interest in protecting American jobs in cybersecurity is low.

[00:18:25]Why is it low? Because there's a high demand for people in your field, and there's a shortage of American professionals who have the certifications and experience to handle this type of technology. And for every argument you make, you have to provide evidence to support it. For example, in this situation, I would go to the Department of Labor website. There's a lot of research, a lot of publications, especially something called the Employment Handbook, or maybe the one where they calculate the wages for H1B visas—I think it 's ONET— where you can enter what you do, your industry, and it literally tells you how many people in the United States have that certification or what percentage of them have the skills to work in this field.

[00:19:19]So, if you're going to say there's a huge shortage of people doing your job with your experience, you have to provide numbers. Less than 1% or less than 2% of professionals in Cybersecurity professionals have experience working in aviation and blah blah blah blah. And here it is, and you put the link, here's the official research from the State Department that shows the percentage of people who can do this. You're going to support and endorse all of that, but PR 3 is the one that needs the most attention, especially in your situation. Sure, I'd say PR 3 is perhaps the most subjective, right? It's the one that depends least on you if you don't do it right. Try not to make it subjective. Give them numbers, give them metrics, give them statistics so they don't have the ability to deny it to you.

[00:20:05]Right.

[00:20:05]So it's not generic.

[00:20:07]Exactly. The less generic it is, the better. And BOR isn't cybersecurity at a general level, but very specific cybersecurity, right? Applied to a specific case like... And that helps you, Paco, being as specific as possible. Uh, it helps you a lot.

[00:20:19]Yes, yes, yes, yes. No, but this part you're saying is very good. Yes, it's true that I had also read that... It's not a very good idea to use the existing gap, is it? I mean, there's a shortage of jobs, right? Or of qualified professionals. I don't know if that argument is good or bad, to use it.

[00:20:37]So, in terms of... I think it's good in your case because you're talking about why the Department of Labor's interest in protecting American jobs is low, right?

[00:20:50]Because there's a shortage. I mean, it's not that Americans with your credentials are fighting for jobs because there aren't enough. There's a huge demand, and you can also do research and see what the big cybersecurity companies are doing. They're hiring people from abroad, because many cybersecurity companies are hiring people from abroad or moving their businesses to other countries because there aren't enough professionals in the United States with the credentials to fill their jobs. So, that goes with the PERM argument, right? Why? Why isn't there a need to get a PERM?

[00:21:27]Because... There's a reason the Labor Department's interest, more than talking about scarcity, is in highlighting this need, right? There's a very big need in a very important area, which is to clear it with the permit, right?

[00:21:45]Because of the permit and because of the permit in this situation.

[00:21:50]Understood. Yes, yes, right? And then there was also an important issue that Ana Gabriela mentioned, which is how the United States is also closing itself off, right? At the technology level, and there are technologies that are banned from certain countries. So it makes a lot of sense that you're physically here.

[00:22:04]Besides the memoranda of understanding, which I've already signed and which will also be included in the package, these are companies that are already here, right? Which, as she also said, ultimately require you to go and see a client, an infrastructure, and so on. So, of course, there are things that can be done remotely, but there are others that really require you to be physically here.

[00:22:22]Right. Perfect. Well, Paco, more or less He answers. I was going to say we answered. I didn't answer anything. [laughs] Well, very good, very good.

[00:22:32]All the answers are appreciated. I'll say it like this.

[00:22:36]Óscar is giving me moral strength.

[00:22:37][laughs] And another point, Paco, before I forget, uh, I'm seeing this, I don't know, I 'm not familiar with the way you write, but it's something I see a lot with people who are working in cybersecurity, that they write their support letter as if it were a job, as if it were a technical paper, right? Uh, they include graphs, numbers, charts.

[00:23:01]No, don't put any of that in the letter.

[00:23:05]If you want to show charts or examples of your work, it's better to put, uh, see exhibit, right? And put it in an exhibit, because the officers don't have experience in technology, in cybersecurity, some don't even have master's degrees. So, as I tell my clients, if I, who have worked in technology for 10 years, don't understand what you're saying Putting it on paper makes it look like a technical document; an officer isn't going to do that. So, try not to use so many numbers, don't divide it into sections, because another thing I've seen people do is write "Section 1.1," " Section 1.2," and it's finished, but it never ends. It takes away a lot of the substance of your argument, does n't it? The language, for sure. Language, I mean, well, in my specific case, I'm used to giving awareness sessions, right?

[00:23:54]And I always use plain language, and I always tell my team the same thing, right? Plain language, not technical, because the other person won't understand what they're being told, right?

[00:24:02]In the end, don't use acronyms.

[00:24:05]There are many acronyms in cybersecurity, and many more in aviation. When you combine the two worlds, it's impossible to read sentences that, if you're not used to them, you wo n't understand at all.

[00:24:13]Exactly.

[00:24:14]Completely avoid all of that.

[00:24:17]Very good. Well, Paco, good luck with that process. We hope you'll give us news soon. So, how have you been? Uh, maybe we'll have you back on the channel to talk about your house story.

[00:24:33]Fingers crossed [laughs].

[00:24:35]And you see, we've never done that with Ana Gabriela. We could do it when the time comes. Uh, and well, we appreciate you being with us, telling us a bit of that story, and good luck.

[00:24:48]See you.

[00:24:49]Thank you very much. Thank you, Ana Gabriela and Óscar. And well, we'll talk about anything. Thank you very much. Thank you.

[00:24:57]And now we'll stay here because in a second we're going to answer the audience's questions. We just spoke with Paco, but we're going to get to questions. Before that, let me share here what we always say, okay? If you're thinking about a green card, there are two main routes: the do-it-yourself route and the lawyer route. Here on the channel, we usually talk about the first option, and if you're interested in that option, at oscarsgreencar.com we have a lot of resources, like the platform. B2, which is where we have Paco now. I think Paco was a member of our previous course and is now on the platform, which is good progress; it's another step towards supporting those of you who want to do the process yourselves.

[00:25:51]If, on the other hand, you want to do the process with lawyers, today we have Ana Gabriela Uzar from Manifest Law here, and they have this collaboration with us.

[00:26:01]If you request a consultation through this link or the QR code you see on the screen (the link also appears in the video description, and we'll include it later), you'll get a $500 discount on the process if you decide to hire them. So, resources for everyone: for those who like to do the process themselves, for those who want lawyers— there are options for everyone, all valid, and each person has to decide based on their situation. And now, without further ado, let's get to the questions and answers.

[00:26:45][music] [music] [music] Very well, let's say hello to Marina. How are you, Marina?

[00:27:10]Hello, Oscar. Hi, Gabriela. Nice to meet you.

[00:27:11]How are you?

[00:27:13]Very well. Well, Marina, I suppose you're happy about Spain's result.

[00:27:18]Of course, very happy. [laughs] I have to say that Marina López said, "Yes, I knew we were going to win from the beginning." [laughs] It was a matter of time and faith." And a little faith too.

[00:27:29]Also.

[00:27:30]And well, we have some comments that talk about this. We also have this comment here. I guess we're not the champions. They're talking about soccer.

[00:27:40]Yes, I think he wrote it at the beginning, when you talked a little about soccer, he wrote it at the beginning because he also said he was sending greetings from Venezuela.

[00:27:46]Okay, perfect. Well, greetings, greetings back, and we already have some questions about various aspects of the process. I don't know if Marina has anything yet.

[00:27:57]Yes, the first question is from Giovanni, who asks or greets both of you and says his question is how long it takes NBC to approve fee payments. I suppose he's waiting to be charged the fee he sent. It totally depends on the consular office, right? Uh, all consular offices have different processes, even though they're part of the United States.

[00:28:23]So, it depends on your country and it depends on the Consular Post.

[00:28:29]Okay. So, very variable. Uh, the truth is I don't have much information about it.

[00:28:33]Regarding that, well, I wouldn't know what to say. I know you can pay online, but we see that it's somewhat variable, like many things in the process. On another note, speaking of consular processing, Lisbeth says here that it's been a year since she filed her application and she's 140 and is waiting for approval. Obviously, she says she had to leave the United States and asks if she can do the consular process herself or through a law firm. I understand.

[00:29:06]You can do it yourself; you don't have to hire a lawyer. Okay. So, we imagine that... Well, we don't know, but I suppose she filed the application herself, I imagine. Okay. And this person also sent thanks. Sorry, Marina, that had nothing to do with it; I was going to post the next one, which is personal for Gabriela. She says, "How can I get an appointment with attorney Ana Gabriela Uriz?" I don't know if Gabriela, can you tell us how to get to [suppressed scream] I love that they ask to speak with me because it shows me that they are Connecting with me, but I only have 24 hours a day. Uh, but we have a very talented team of lawyers, and what I recommend to the people watching, who want a consultation with Manifest, specifically if they want a lawyer, for example, if you're working in cybersecurity, ask for a lawyer who has had approvals in the last 6 months with cybersecurity. Then they'll look in the pool of attorneys to see who has that experience, because it's very different to have experience in the arts or in health or education, than to have specific experience in cybersecurity, right? So, ask for that, but I think you already shared the link, Oscar, if someone consults with Manifest. Uh, in fact, it's appearing now at the bottom of the screen and it's also in the video description, and then when the video is uploaded we also put it in the featured comments, so they can find it there. Today what you're saying is that they should add a comment, right? That they should ask.

[00:30:46]Yes, Yes, let them ask, let them ask, ask. Those who don't ask don't get it. [laughs] Asking is free, isn't it? Then, well, there are things that can be granted and others that can't.

[00:30:55]Indeed. And the next comment is specifically for you, Óscar.

[00:31:00]Our Catelia says here, "If I already have my EV1A ready, can I take the EV2 W course?" "Are the processes similar?"

[00:31:08]Well, the answer is yes, you can take the course—we don't call it a course anymore, we call it the platform now. Um, are they similar?

[00:31:16]Well, yes and no. There are things in common, uh, and things that aren't. EV2 W focuses much more on that proposition in that project. Credentials also obviously matter. EB1A is much more focused on credentials in the profile, but yes, Ana Gabriela, I don't know if it coincides, yes, there are links between the two, and yes, there are things you'll be able to take advantage of once you're doing one or the other, right? [sighs] Yes, but—and I promise you that neither Óscar nor Marina are paying me to say this—but if you took one course, I think it's worth taking the other course because the strategies and the evidence are completely different. Although you can reuse evidence, they can be intertwined, but the strategy is different, so it's worth taking the other course.

[00:32:04]Yes. And we didn't actually talk about this with you, Ana Gabriela, but Last month we released this improved version of the B2W course, which we now call a platform because it truly combines lessons with user-friendly features.

[00:32:16]Users can upload their documents, and there's artificial intelligence behind it creating summaries, writing chapters, and so on. It's a much faster process. Now, we say users can save 80% of their time and get an even better product than before.

[00:32:34]So, I recommend that this person, and everyone else, take a look.

[00:32:42]And we continue with the questions.

[00:32:45]Gabriel Guzmán asks, "With this assessment, you become a First Professional in Green Law and earn 25 graduation credits and an associate degree."

[00:32:56]I would present the case as an advanced degree professional or exceptional ability or both.

[00:33:03]Um, I don't know if many people know this, but in the United States, I think it's one of the only countries where a career in law to become a lawyer is a master's degree because it requires you to go to university, get a bachelor's degree, graduate, and then do a 3-year master's degree, but it's not like that in other countries, and even less so in Latin America. So, when a person comes to the United States with a low degree, it's usually considered as if it were a bachelor's degree, because the United States is the only one that pushes you to get a master's degree. Now, what's important is that you contact an organization. I don't know which organizations you recommend to your audience, but there are very good organizations in the United States that are independent and professional, that can review your credentials, your career, everything, and give you an evaluation. If your credentials officially lead to a master's degree in the United States or a bachelor's degree, then you can start mapping out which version you're going to apply to.

[00:34:09]Okay, we, to give that note, we work on our courses with CARN Evaluations, but there is a group of companies, so make sure they have a good reputation because in the end they are private entities, so reputation counts for a lot, right? Because Usi has to trust that they really do a good job.

[00:34:29]So always make sure they have good credentials, good reviews, and so on.

[00:34:34]And Ana Gabriela, a question that's somewhat related to this, but not very much, is about the lawyers who also have that title, I think it's JD, right? Or something like that, juris doctor, legal doctorate.

[00:34:49]That's already doctoral level. once you reach that level. Notice that it's not a doctorate because a doctorate is a PhD. So it's a weird master's degree like the NBA, because you have to graduate with a bachelor's degree in whatever you want, literally whatever you want, and then apply, get 3 years of that Juris Doctor, and then sit down to take the license, which is the bar, because even if you've graduated from Juris Doctor, if you don't have a license from a state, you can't practice law.

[00:35:18]Yes, I did know that, but I didn't know that I thought JD was equivalent to Doctor, let's say.

[00:35:26]Okay, another question, one more question.

[00:35:30]Gabriel Guzmán asks us, "What certifications do you recommend to strengthen the NW?"

[00:35:35]I think it depends on your endeavor, right? Uh, this especially applies to number two, and I'm going to give you a tip, and this applies to everyone.

[00:35:44]I see with the NIW, and I think you too, Marina and Oscar, that they are among the most prepared people you have ever seen, but they don't use that preparation for the argument, that is, they just say, "I graduated from such and such and got a master's degree from such and such."

[00:35:57]Something I do with my clients is that for the second pron, I have them give me a list of the five most important classes they took in their undergraduate degree that prepared them and five classes from their master's degree, and then under each class I write a mini paragraph explaining how that class prepared them to be in the best position to push this endeor. So, use that, you don't have to get certifications, use what you already have, use, use, use and give a copy not only of the diploma, but also of the transcripts, because in the transcripts appears the classes that you have taken, the details, let's say, of course. And what about things that might have something to do with the endewor, right? Because there's also the other extreme of people who start including certificates for anything they've taken in recent years, and you really have to be a little... Yes, that takes away your credibility; instead of helping you, it hurts you.

[00:36:54]Of course, the attention, let's say, of the officer is diluted.

[00:37:00]And the next question, uh, well, he thanks us and then asks, "In your experience, how long does it actually take Ustis to deliver the answer to an I140 with Prime Processing?" I sent it recently, it could be ready before the September deadline.

[00:37:17]Oh, it's very applicable to a case I just submitted at the end of May with premium processing, and they still haven't approved it.

[00:37:25]Uh, then I think it helps. There are many apps called Dates calculator where you can put the date not when you submitted the application, but when USIS officially accepted the upgrade to premium processing, which is different, and then add 45 business days, that is, it does not include my weekends, holidays, it does not include any of that. And you know, you know, you know that they've recently changed it because at the beginning of my career they were calendar days.

[00:37:53]Yes, yes, yes, yes. They were open on Saturdays, but now they're open on business days and it takes forever. So, imagine, May, I sent it at the end of May, it's now the end of July and they haven't approved it. The thing is, in the end, premium for EV2 isn't even W.

[00:38:07]Now it's becoming more and more premium because the normal delivery times are getting longer and longer, but it's not really that fast because it's two months.

[00:38:15]Of course, before the premium service with NIW started, which didn't exist when I submitted my case, right? Uh uh for EV1 premiums it was 15 calendar days, that is, weeks, it's an incredible answer.

[00:38:31]Sure, but suddenly they're no longer calendar days for NW, they're no longer 15 days, I mean, and that added to what we were talking about before, which surprises me that there isn't any question about it yet, which is that the normal processing times under this administration are increasing a lot, so they're really forcing people to go premium, I don't know. Also, the impact, Oscar, that sending all students with the new rule change to do status extensions with USIS will have. In other words, we're talking about thousands upon thousands upon thousands of students, adding them to a backlock that's already clogged, which is what's going to happen in terms of processing. So, you're not making a very good prediction, are you?, about what we're going to see based on the rules that are coming out, unless they start hiring people, which doesn't seem to be the case at the moment based on the current timeline.

[00:39:28]Okay, uh, let's continue. Then we can go back to this topic of students and such because you can talk now because there is only one more comment from Gabriel Guzmán who told us that in his vote I also included the studies he did in Canada as an Associate of Green in Homeland Security, nothing more. So there are no further questions if you want to talk about the visullet or there are no further questions, Your Honor, [laughs] speak now or not. No, lies.

[00:39:54]They can continue, they can continue writing. Yes, yes, please let them keep writing, but I was interested in discussing this topic with you, which is that rule that has changed, right?, for students. Can you briefly summarize what all this means?

[00:40:07]Yes. Um, the rule, it had been discussed and was first presented last year, I think it was in August, and they gave people space to comment. Uh, it officially happened on July 17th, I think that's when it came into effect. And the good thing about the rule is that it won't be retroactive, right? It will have a period where I think it starts on September 15th, which is when the rule comes into effect. Yes, they did come out, September crisis. So many rules came out publicly last week.

[00:40:37]But basically, before, students who entered the United States were admitted with a status called duration of status or. Why is that important? Because they couldn't accumulate illegal presence in the United States if they stayed longer, and they also had more flexibility to take their time, right? In other words, if they were making an effort, if they were taking their classes, they had more flexibility to take the time they needed. And we also know that various academic programs have different names, right? I mean, we're talking about a bachelor's degree in architecture, it's five or six years, not all of them, or a doctorate, which I'm talking about with experience, a doctorate where you know when you start, but not when you finish, not when you complete it, right? Or engineering, for example; these are very long degrees, so there's very little flexibility. Uh, now, uh, starting from September 15th of this year, students who enter after that date or on that date will be admitted with a period of status on their I94, like all visas.

[00:41:39]And they're only going to give you the maximum, the maximum is 4 years, but it doesn't mean they're going to give you 4 years, it's the maximum they can give you, but usually they're going to match it with the duration of your program. So, for example, if your program lasts 3 years, they will admit you after 3 years. So now the student has to monitor their status on the I94, monitor the I20, monitor the OPT, and monitor the visa stamp in the passport. There are several dates that they have to monitor. If you need more time to finish your program, you have to apply for an extension of status within the United States with USIS, using form I539, pay the fee, and wait for approval. Uh, now students also have a process called a transition period. Students who are already in the United States or who travel and enter before September 15 will continue to use their duration of status. So, that's where math comes in. If you don't travel, you stay in here. The 4 years are added, starting from September 15, 2026.

[00:42:43]But imagine who's going to stay here without going out, without having anything is a bit likely.

[00:42:47]Other questions I've been asked a lot are whether the OPT or PT is affected, this, that, they don't touch the OPT. The only thing that affects the OPT is that now, like all visas, you will need to have permission to work, which is a valid OPT, but also your valid status. No, it doesn't mean you have to get another visa to be able to use OPT, no. This means you need to monitor your I94 and make sure it's valid in order to continue using your OPT. And another thing that I think, Oscar, which is the most shocking in my opinion, I don't know what you think, and also you, Marina, is the less flexibility for students to change careers.

[00:43:25]Uh, you can no longer do two master's degrees, you can no longer do two bachelor's degrees, now you will only be allowed to do higher levels. So, for example, it's very, very common, especially in STEM, for people to do two or three master's degrees. That will not be allowed from now on. Um, also, when students begin their bachelor's degree program, they have to finish the first academic year, even if they don't like it, in order to be able to request a transfer to another program, right? Imagine being 18, how much is 17? How well do you know what career you're going to pursue for the rest of your life? How many students do not change programs? The money you have to pay as an international student, out offers.

[00:44:06]Yes, yes. Especially in the United States it's much more common to make those changes than maybe in, well, my experience in Europe it wasn't so common, but when I was at university in the United States it's super common in the first year for people to be thinking, well, I like this more, I like that more and in the end they change. So, what you're saying is that with a master's degree, maybe if you do a master's you could go on to a doctorate, but not, let's say, at the same level, right?

[00:44:31]Exactly. But only academic programs that end after September 15 count.

[00:44:40]So, for example, I'm doing a master's degree and it ends this August. I can do another master's degree starting in September because the program ended before the term.

[00:44:49]Okay, okay. In other words, there's quite a bit of complexity, from what I can see. And I think the OPT thing is going to have quite a big effect because in the end, of course, people were starting to do OPT, uh, depending on whether they are there or not, for one or three years or whatever, but now they are going to have to be aware of that number from that date, right? that they give them at the entrance. So it is a restriction and they will have to leave and re-enter. So, [snort] oh, uh, people are going to have to be much more careful when dealing with these issues and be very aware because otherwise you can get into trouble.

[00:45:29]Yes ok. Well, thanks for this summary. I don't know if we have any questions.

[00:45:34]Yes, we have a few more questions. Is there anyone asking about the EV3? I'm not going to include it because on this channel we focus more on the EV2 and EV1A.

[00:45:42]And this question from Gabriel also asks you, Oscar, he did an evaluation with TEC NACE. Would you also recommend a Carnegie evaluation, or is the TEC evaluation sufficient for an EV2 in IW?

[00:45:53]I can't tell you because I've never heard of tech. Uh, you should look into it. Well, you've told me he's a member of Nazes, that's a good sign, is n't it? Naz is an association that encompasses several of these entities. So, that could give it that reputation, but you have to analyze what the reputation of this company is, if you are satisfied and if they have done a valid evaluation for immigration. In principle, that should be enough. Uh, of course, I do n't know all the companies, do I? There are many, but well, being a member of an organization is a good sign.

[00:46:34]And he also asks— Gabriel asks a lot today because he really has a lot of space to do so—he says, "What carries more weight for USIS in this case?

[00:46:42]Certifications, publications, letters of recommendation, or impact projects?

[00:46:50]Uh, Ana Gabriela, I don't know if you want to answer.

[00:46:52]I think it depends on the PR you're arguing, right? Uh, for example, PR number two, I think impact projects, because you're arguing that you're qualified to do it, and what better way to say you're qualified to do it in the future than if you can demonstrate that you've already done it in the past?

[00:47:11]Of course, it's a very open question, isn't it? Very, very generic.

[00:47:16]It depends, it depends a bit on the case. Uh, if we wanted to give a somewhat political answer to please everyone, uh, in the end, a good mix is ​​always appropriate, right? Having something that's useful in several aspects will help you complete that project, but it depends on each case.

[00:47:41]And then another question, uh, he says, if I send the I-140 concurrently with the I-485, is That is, the I-765 and I-131, all in standard processing, without premium processing, could get you a work permit before the I-10, before it's approved.

[00:48:00]Usually, yes, because the work permit takes 4 to 6 months.

[00:48:07]I've had situations where I've applied for the I-140 with premium processing, adjustment of status, and a work permit, but since the I-140 is approved very quickly, they don't even have time to use the work permit because the green car comes first. But if you 're not paying for premium processing, it's very likely they'll approve your work permit before the I-140, and that's why you can apply for a work permit so you can work while you wait for it.

[00:48:38]And with the current processing times for EV2 W, for example, I think the website, if I'm not mistaken, because every time I check it, the wait time has gone up a little, was around 28 and a half months to resolve 80% of the cases. cases. So, of course, normally you'll get your work permit sooner.

[00:48:56]Yes, yes. That's why I was saying they're really forcing people to pay the premium processing fee, which is $000, because it's also doubled compared to a year ago. Mm. Mm.

[00:49:06]And I think—and this is pure speculation—but I think USTIS might be seeing that the premium processing fee is a good source of income.

[00:49:17]$000 is quite a lot of money. Yes, let's leave it at that.

[00:49:21]And they charge it. Look, FedEx has already arrived and the money has already left the account. I'm telling you this from experience. That's why there are n't 28 months. [laughs] There are no delays there.

[00:49:30]No, no, no, no. Okay. Uh, do we have any questions? And we have the last one, I think, from Tania Escudero. She says, "Would a qualified 60-year-old engineer have a job opportunity in the United States applying with an EB2 visa at IW?"

[00:49:47]So, in terms of age, I know that's something Very common, especially in Latin American countries where age is like a barrier, right? They don't hire people after 50 or something like that anymore. It's something I haven't seen in the United States yet.

[00:50:02]In fact, here age and experience are valued. So, if you can use your age as experience, right?

[00:50:10]All the years of experience you've had, everything you've seen, it's something that could help you instead of negatively impacting you.

[00:50:18]Okay.

[00:50:19]And here's a question, excuse me, Marina, that says, "Is it true that with pending asylum we don't usually get too involved in these issues because we don't control them and we're not lawyers, but it says, with pending asylum, when applying for a green card, can they give you a notice to appear?"

[00:50:38]In terms of a notice to appear, a notice to appear is given when deportation proceedings begin, but it's given when the person usually doesn't have an immigration status or an immigration avenue, right? Even when you don't have an immigration avenue or status Immigration-related, it's unlikely unless you have a deportation order, unless you've violated the law.

[00:51:00]I think this generated a lot of chaos and panic when we saw stories on the news of couples of citizens who had entered with a visa, but overstayed and then applied for residency, and were given a notice to appear. It happened, it wasn't very common, it was quite uncommon. And the lawyers just filed a motion to reopen, to close the proceedings because they had a green card, a green card application, and a judge is very unlikely to deport someone who has an immigration application, right? Now, in terms of asylum, asylum is a protected class, and one of the last rulings a federal court made was that they couldn't deport or detain people with pending asylum, or with a visa, or with a U visa, or a T visa. So it's very important to follow those legal decisions. When a person is in asylum, pending, as I said, you're in a kind of limbo, right? You're not You're accumulating legal presence, but you're in a protected process under immigration law.

[00:52:00]Technically, they can't deport you or detain you if you have immigration status, if you entered the United States legally, and if you're in a process that's underway.

[00:52:13]Okay. So, there's some protection there. Good. Uh, we have this last question, which is that Uti received the case on the 13th without prior notice, but my visitor visa—I suppose it's a tourist visa, I've never heard of a visitor visa, I imagine it's for tourism—expires in June of next year. Do you recommend I renew it? It 's a bit complicated here because you already submitted one, right? An NW visa, I'm imagining. Uh, so if you go to the consular appointment, they have the ability to see that and they can tell you that you have the wrong intentions, right? I would be very careful in that regard because they can even accuse you of fraud. I mean, it would be much better to consult with a lawyer. Right? In this case, and so that they can see everything you've done, what your situation is, and give you that individualized advice.

[00:53:14]Ana Gabriel, before we go, I'd like to quickly ask you about another topic that we might be able to discuss on a separate show, which is this public charge thing.

[00:53:24]We see that they're going to release a new I-485 in September, supposedly, uh, that there will be, well, new boxes that we saw a few years ago, but that are now coming back. What's your preliminary view on that? Does it make adjustment of status more difficult? Shouldn't we be worried? I think for your audience it's less relevant, uh, Oscar, because these are people who, look, under immigration law, an officer has the discretion to examine an adjustment of status and see if that person is likely to become a public charge.

[00:54:00]So, the 2022 rule says that officers take into account whether the person speaks English, whether the person has a bachelor's degree, a master's degree, whether the person has a job, has been employed, a professional, if The person has now received, in the area of ​​public benefits, if the person had received cash assistance, which is cash assistance, or if they had been in a psychiatric hospital, a long-term hospital paid for by the government.

[00:54:30]That was the only thing that was taken into account. So, usually, that applies to people with limited resources. And now, in terms of the new rule, it goes into effect on September 20th, something like this, I think, of this year. So, if you submit the application for adjustment of status and it's received by USIS one day before the rule goes into effect, it will be taken into account under the 2022 rule regarding cash assistance, [clears throat] right? Cash assistance from the government. If the application is received when it goes into effect on the date it goes into effect, then an officer has the discretion to see if you have received food stamps, if you have received Medicare, Medicaid, and housing assistance and make a determination based on your income, your savings, your career, as to whether you will become a public charge.

[00:55:20]That doesn't mean they're going to deny you the Application because you received food stamps. Or, for example, if you have a child who is a U.S. citizen. It's a question I'm being asked a lot. Yes, what happens if the children are receiving food stamps, but you never are? The child isn't applying, you are, so the child doesn't count. Now, in your audience, I think it's not very relevant to your audience because your audience is socially professional, people who have bachelor's degrees, master's degrees, who have worked, who speak English, and the government usually sees that as very unlikely to become a public charge, because it's easier to find a job with those credentials than for someone who hasn't even finished high school. Okay, okay. So, basically, it's going to be a change in the form, sharing more information, and it probably won't translate into major changes for these types of profiles.

[00:56:10]Also, Oscar, I want to emphasize that humanitarian visas are not subject to the public charge test. If someone has a U visa, a T visa, asylum, no visa, it's not relevant. Because under immigration law, you don't qualify for this test. Okay, that makes sense. Well, thanks for that point. There are a lot of new developments, and we might revisit some of these topics.

[00:56:35]Look, we haven't even talked about the visa bulletin.

[00:56:36]Amazing, isn't it?

[00:56:38]Amazing, amazing. Well, there aren't many changes in the bulletin for employment. I think there were changes in family, but we don't follow family. Uh, I know this because I follow you on Instagram. So, thanks to you, I saw that there is positive news for family. Uh, not for employment at the moment.

[00:56:56]I'll say it again: I was wrong about my prediction months ago because they're going to close the... Well, neither of us won. Do you remember, Maira, that we made a bet and neither of us won?

[00:57:06]I'm a witness. Yes, yes, yes. [laughs] But well, I'm glad it's still in effect. Yes, that's right. I think you might have seen that there's a note at the end that says, "Be careful, EV2 seems..." Visa numbers are running out, but that's normal, isn't it? Because we're almost in August, so yes, September, there's only a month left before the new fiscal year begins.

[00:57:28]August, September, and that's it. And the fiscal year 2027 begins, which sounds strange to say in the summer, but here we are.

[00:57:36]So, Ana Gabriela, thank you very much for being here for another month. We look forward to seeing you next month.

[00:57:45]Thank you, see you later. Thank you for having me here.

[00:57:48]And Marina, thank you for moderating as always. Thanks to Paco, who I think has already logged off, but thanks for sharing his case with us and we'll all see you here next week with another video. Until then.

[00:58:07][music] [music] [music] [music]