Policy Updates

Vietnamese executives in the EB-1C category will face the new standardized vetting protocols. The emphasis on interdicting 'criminal actors' suggests that DHS will more aggressively cross-reference Vietnamese applicants against international and DOJ-maintained criminal records.

The policy change increases the financial requirement for Vietnamese managers using premium processing. This affects the speed of corporate relocations without impacting the underlying visa availability, which remains current.

As Vietnamese investment in the U.S. grows, USCIS will more closely examine the legitimacy of the foreign-to-U.S. corporate links. This policy change will likely result in more frequent Requests for Evidence (RFEs) for Vietnamese EB-1C petitioners.

The fee increase is a routine inflation adjustment that affects Vietnamese applicants equally with other 'Rest of World' countries. There are currently no specific backlogs for Vietnam in the EB-1 category that would exacerbate this cost increase.

As Vietnamese businesses increasingly establish U.S. subsidiaries, the EB-1C category has become more popular. The stay on the 2024 fee rule mitigates the rising costs of these petitions, supporting continued economic integration.

The policy change affects the operational side of the I-140 petition. Vietnamese applicants are not currently facing the same retrogression pressures as India or China, making the change a routine procedural update.

As Vietnamese investment in the U.S. grows, USCIS is targeting the EB-1C category for potential 'shell company' abuse. Applicants should expect more rigorous inspections of their physical office spaces and payroll records in the United States.

As Vietnamese companies expand into the US, USCIS will use special agents to verify the legitimacy of these new multinational structures. Applicants should expect more detailed inquiries into their managerial hierarchies and the foreign entity's ability to support the US operation.

The modernization of fee payments ensures that Vietnamese applicants can utilize electronic funds for I-140 petitions. This reduces the logistical burden of coordinating physical payment methods from abroad.

As Vietnam becomes a hub for manufacturing, more executives are seeking EB-1C status. USCIS will likely verify the actual existence and scale of the Vietnamese operations to prevent fraudulent filings involving non-operational entities.

Similar to China, executives from Vietnamese companies with close government ties will be scrutinized for ideological compliance. This adds a layer of risk for multinational managers moving from Vietnam to US subsidiaries.

Vietnam often faces backlogs in other categories, but EB-1 is generally current. This policy ensures that if backlogs occur, children are protected earlier, though currently, most applicants can file without delay.

The fee update increases the cost of entry for Vietnamese executives seeking permanent residency through corporate transfers. Despite the higher cost, the EB-1 category remains a fast-track option for Vietnam as it does not currently face the backlogs seen in other employment-based categories.

This procedural update ensures that USCIS cannot deny a petition based on external derogatory information without first giving the petitioner a chance to review and contest that information.

Vietnamese EB-1C applicants benefit from the removal of the expiration date, which is particularly helpful if their application encounters Request for Evidence (RFE) delays or extended background checks.

Vietnamese nationals applying for Adjustment of Status under the EB-1C category will see a reduction in the complexity of their medical exams. This policy change ensures that vaccination records from Vietnam do not become a bottleneck during the final USCIS adjudication.

The update changes where Form I-140 must be mailed for EB-1C petitions. Vietnamese applicants should verify the correct service center or lockbox to avoid unnecessary delays in their green card processing timeline.

Vietnamese applicants with scheduled biometrics or interviews will have their cases delayed. While Vietnam has seen increased EB-1 usage, this closure is a general administrative event affecting all scheduled appointments on that date.

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.