Employment based GC for U.A.E born Indian citizen

[neo87]

Hello,

 

I am an Indian Citizen holding an Indian Passport but i was born and brought up in U.A.E and hence my place of birth is U.A.E in my passport. I also have my Birth Certificate from U.A.E Ministry of Health and the translated copy of the same in English.

 

Taking into account of the Foreign State of Chargeability concept mentioned in section 202(b) of Immigration and Nationality act, Can my employer file green card application for me via Employment based category by giving the country of chargeability as U.A.E under the Immigration and Nationality act listed in section 202(b) ? 

 

Thanks,

Neo

[pontevecchio]

In EB cases the country of Birth controls your Priority Date and not your country of Citizenship.

[Attorney_6]

Yes, the place of birth rules for chargeability (subject to limited exceptions). This will be a significant benefit.

[neo87]

In EB cases the country of Birth controls your Priority Date and not your country of Citizenship.

Thank you pontevecchio for the reply.

[neo87]

Yes, the place of birth rules for chargeability (subject to limited exceptions). This will be a significant benefit.

 

Thank you Attorney_6 for your reply.Can you please elaborate on the limited exceptions ?

[pontevecchio]

Diplomats and such.