Policy Updates

Nepalese managers and executives will be subject to the enhanced vetting procedures outlined in the executive order. The policy focuses on ensuring that no foreign national with a criminal history is granted permanent residency through the EB-1C program.

The increase in premium processing fees affects Nepalese managers moving to U.S. offices. The impact is primarily financial, as there is currently no backlog for Nepal in the EB-1 category.

As with other countries, Nepalese multinational managers will need to provide more robust evidence of corporate ties. The primary impact will be a general slowdown in processing times for this visa category.

The inflation adjustment for FY 2026 will increase the cost of filing for Nepalese applicants. This change is consistent with the global application of the new USCIS fee schedule.

The court's partial stay on the fee rule means that employers of Nepalese managers will not yet have to pay the increased I-140 fees or the new Asylum Program Fee, keeping the petition process more affordable.

This is a procedural change that affects the method of fee submission. It is part of a wider USCIS effort to digitize the application process for all countries, including Nepal.

The fraud investigation has prompted USCIS to more carefully evaluate whether the manager is overseeing professional-level employees. Nepalese petitioners must provide detailed resumes and educational credentials for their subordinates.

While the volume is lower, the new policy ensures that all EB-1C petitions, regardless of origin, are subject to potential law enforcement investigation into corporate ties and the legitimacy of the US-based subsidiary.

The modernization of the USCIS payment system ensures that Nepalese petitioners can submit fees more efficiently. This reduces the likelihood of administrative rejections due to payment processing errors.

With fewer EB-1C filings from Nepal, each case may receive individual scrutiny. The focus will be on ensuring the US office is not a 'shell' for immigration purposes and that the executive's role is genuine.

While the volume of EB-1C applicants from Nepal is lower, those applying will be subject to the same ideological screening as other nations, focusing on public statements and political ties.

The policy ensures that children of Nepalese multinational managers are protected by the earlier Dates for Filing chart, though the lack of a backlog makes this less urgent than for Indian or Chinese nationals.

The fee update applies to all I-140 filings, including those for Nepalese nationals. Because Nepal does not hit per-country limits in the EB-1 category, the impact is limited to the increased administrative cost of the filing.

By clarifying the procedures for disclosing derogatory information, USCIS provides Nepalese applicants with a more predictable and fair adjudication environment.

Nepalese EB-1C applicants will benefit from the cost savings and reduced paperwork associated with not having to renew their medical exams during the pendency of their I-485.

Nepalese EB-1C applicants will benefit from the simplified medical exam requirements. This change ensures that the medical clearance process is not a source of delay for applicants from Nepal who are otherwise eligible for Adjustment of Status.

Nepalese nationals filing as multinational managers or executives must ensure their I-140 forms are sent to the correct updated locations to prevent administrative rejections and delays in their immigration timeline.

Nepalese applicants in the EB-1C category will see a minor disruption to their adjustment of status timeline. USCIS field offices will reschedule any interviews or biometrics missed due to the Jan. 9 closure.

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.