Policy Updates

Nigerian EB-1C applicants may face more intensive questioning regarding their background as DHS implements the order's mandate to protect against 'public safety threats.' The lack of a VWP-style reciprocal agreement may lead to longer manual verification periods.

The fee increase applies to all Nigerian multinational managers seeking to expedite their green card petitions. This change is purely financial as the EB-1 category for Nigeria does not currently face a backlog.

Under Section 5(j) of the proclamation, the entry of Nigerian nationals as immigrants is suspended due to concerns regarding terrorist groups and vetting difficulties. This creates a total barrier for multinational managers or executives from Nigeria seeking to obtain permanent residency through the EB-1C category.

The increased vetting of corporate structures will require Nigerian applicants to provide exhaustive proof of the qualifying relationship between the Nigerian and U.S. entities. This may lead to delays in the I-140 adjudication process.

The impact on Nigerian applicants is limited to the increased cost of the I-140 petition. As there is no specific retrogression for Nigeria in the EB-1 category, the processing timeline remains unaffected.

The stay on the 2024 fee rule prevents an additional $600 surcharge per petition, which is significant for smaller U.S. entities sponsoring Nigerian executives. This helps maintain the viability of the EB-1C route for Nigerian talent.

The transition to electronic-only payments requires seamless coordination between international branches and US offices. Nigeria's strict foreign exchange controls can complicate the internal corporate funding of US-based accounts used for these mandatory electronic fees.

Petitions from Nigerian entities will likely be subject to deeper background checks on the qualifying foreign entity. This may result in longer wait times for I-140 approvals even if the priority date remains current.

USCIS agents may focus on verifying the source of funds and the operational history of Nigerian parent companies. This adds a layer of law enforcement review to the standard adjudicatory process, potentially increasing denial rates for newer firms.

The move to electronic funds provides a more secure method for Nigerian petitioners to remit fees for Form I-140. This reduces the administrative hurdles often associated with international financial transactions for immigration benefits.

USCIS often requests extensive documentation for Nigerian business structures. This policy will likely result in more site visits or detailed audits of the Nigerian parent company's tax and payroll records to verify the authenticity of the executive's prior role.

The new guidelines require a broader look at an applicant's ideological stance, which for Nigerian executives means more thorough background checks on their public discourse and organizational memberships.

Nigerian multinational managers benefit from the expanded CSPA definition, ensuring that administrative delays in filing do not result in children losing eligibility, even if the EB-1 category remains current.

The update to Form I-140 fees applies to all Nigerian applicants in the EB-1C category. Since there is no specific retrogression for Nigeria in this category, the impact is limited to the immediate financial cost of the petition.

This policy ensures that any derogatory information identified by USCIS during the adjudication of an EB-1C petition is disclosed to the petitioner, providing a fair chance to respond.

This policy change ensures that once the medical exam is completed, it remains valid indefinitely, which is beneficial given the potential for administrative processing delays in Nigerian cases.

Nigerian nationals will find the Adjustment of Status process slightly more efficient with the removal of the COVID-19 vaccine mandate. This change helps prevent delays in the medical certification process (Form I-693) which is the final step before green card issuance.

Nigerian nationals filing for EB-1C status must ensure their petitions are sent to the designated USCIS locations. Incorrect filings will be rejected, requiring the petitioner to refile and potentially delaying the overall immigration process.

Nigerian applicants currently in the U.S. for adjustment of status will face a minor delay if their appointments fall on Jan. 9. The closure affects all field offices and application support centers equally for this demographic.

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.