Policy Updates

Nepalese EB-1A applicants will face the same expanded DHS screening protocols as other non-VWP countries, ensuring that all criminal history records are reviewed prior to visa adjudication.

Nepalese nationals applying for the EB-1A visa will face increased costs if they choose to expedite their petition. The impact is limited to the increased financial requirement for the I-907 form.

The clarification helps Nepalese applicants understand how to present evidence of their unique achievements. This is particularly useful for athletes in specialized fields who need to demonstrate that their work meets the high threshold of 'extraordinary ability'.

Nepalese EB-1A petitioners will be subject to more thorough vetting procedures, which may increase the likelihood of receiving detailed RFEs regarding their professional impact.

Nepalese nationals will be subject to the USCIS fee increase for Form I-140. This is a general policy change affecting all countries equally in terms of the dollar amount increase.

Nepalese nationals filing for EB-1A status will be impacted by the partial stay on the 2024 fee rule. The stay affects the Asylum Program Fee for Form I-140, altering the total cost of the immigration process for Nepalese experts.

The shift to electronic payments reduces the logistical burden of sending physical payments from Nepal. It offers a more secure and traceable method for applicants to ensure their fees are received by USCIS.

As USCIS increases its law enforcement capabilities, Nepalese EB-1A petitioners will need to ensure that all evidence of their extraordinary ability is easily verifiable by US-based agents. This will likely lead to longer adjudication periods.

Nepalese petitioners will benefit from the reduced administrative overhead associated with electronic payments, ensuring their petitions are processed without payment-related delays.

Nepalese professionals must provide authentic documentation to support their EB-1A claims. USCIS's focus on fraud prevention means that any inconsistencies in the petition could lead to severe legal repercussions and permanent loss of U.S. visa eligibility.

Nepalese applicants must now navigate the subjective 'Anti-Americanism' criteria, which could lead to inconsistent adjudications depending on the individual officer's interpretation of the policy.

Nepalese applicants will see a reduced risk of children aging out of the green card process. The policy change ensures that the age is locked in at the earliest possible filing window provided by the Department of State.

Nepalese athletes applying for EB-1A status will need to comply with the updated interpretive standards. The policy change primarily affects the evaluation of competition-based evidence in gender-specific categories.

Nepalese nationals seeking the EB-1A visa will face increased upfront costs. The impact is limited to the fee amount as there is no specific visa backlog for Nepal in this category.

This update ensures that Nepalese applicants are not denied an EB-1A visa based on information they were unaware of. By requiring disclosure, USCIS allows for a more accurate and fair adjudication of the petitioner's qualifications.

Nepalese EB-1A applicants will benefit from the new USCIS policy as their medical exams will now remain valid indefinitely. This eliminates the need for a second medical exam if the adjustment of status takes longer than two years to adjudicate.

Nepalese nationals adjusting status in the U.S. will no longer need to provide COVID-19 vaccination evidence. This policy change ensures a more efficient transition from non-immigrant status to permanent residency.

The update changes the filing jurisdiction for certain I-140 petitions. Nepalese applicants should confirm the correct service center based on the new USCIS instructions to ensure their case is accepted.

Nepalese applicants are not currently facing backlogs in the EB-1 category. A one-day closure of USCIS offices will only result in minor rescheduling of biometrics or interviews.

Visa Bulletin Advancement: EB-1 Rest of World (2023-10)

The Department of State advanced the EB-1 Final Action Date for Rest of World chargeability to Current in the 2023-10 bulletin. Applicants in this category can now file or have their cases adjudicated without priority date restrictions.