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USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) - Travel (5) - Nairaland

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UK Point-based Immigration Programm. Thread 1 / UK To Introduce Points-based Immigration System To Be Brought In By End of 2020 / Schedule A Nurses And Physical Therapists: FastTrack Employment-based Green Card (2) (3) (4)

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Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by timagentms: 8:42pm On Sep 05, 2022
aieromon:
EB-1C for Certain Multinational manager or executive

You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity. Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity. No labor certification is required.

Pls can I get the link for this. Thank you
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by aieromon(m): 9:13pm On Sep 05, 2022

2 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by timagentms: 9:34pm On Sep 05, 2022
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by kollykolly: 7:59pm On Sep 09, 2022
drbabsok:

Great. Mine took 6 months exactly. My case was approved yesterday!

Congratulations bro. Good to know your petition was approved. Wish you best of luck in subsequent steps.

2 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Saynoomore: 8:59pm On Sep 09, 2022
drbabsok:

My background is Science (Immunology and bio-engineering) with about 170 citations on google scholar. My h1B was processed by a University ( You have to be employed before they can go through with filing fo you). H1B took like 8-9 months. Visa interview was easy, friendly. For my EB2 NIW, the school got a lawyer for me (paid part of it). NIW case was approved this week. Presently waiting for i-485 filing.

If you have any questions, I am happy to answer here! Good luck with your application




Are you a Prof?

What docs did you submit for NIW?
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Saynoomore: 9:25pm On Sep 09, 2022
Nice thread. A colleague spoke with me about this route a couple of months ago.

I read through and it sounded quite interesting. However, this is the only condition that I'm finding a bit confusing:

"Membership of an association or group that sets a high achievement threshold to qualify"

What kinds of membership would probably suffice for this? Nigerian Academy of Science? Haaaa!
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Helpout12345: 11:10pm On Sep 09, 2022
Saynoomore:
Nice thread. A colleague spoke with me about this route a couple of months ago.

I read through and it sounded quite interesting. However, this is the only condition that I'm finding a bit confusing:

"Membership of an association or group that sets a high achievement threshold to qualify"

What kinds of membership would probably suffice for this? Nigerian Academy of Science? Haaaa!


This is in two prongs.

1. An association in your field that sets high achievements standard before you can join. E.g For actors, Academy of Motion Picture Arts and Sciences. For Musicians, The Recording Academy. Or their equivalents in your country of nationality or residence and in your field.

2. Association that set minimum standards to join but high standards to rise to highest or certain cadre of its membership. E.g. Accountants in Nigeria, ICAN, and fellow ICAN members. If you are at ICAN lowest membership level, USCIS will not accept it because there are millions of people at that level in Nigeria.

There are many professionals associations in the world but above methodology is how USCIS considers applications for this criteria.

4 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by weaseloo: 10:29am On Sep 11, 2022
Hi guys,

What are the alternatives or way out for this family:

The visa interview date (eb2 niw application) has been released and the location is Lagos. But due to unforeseen circumstances the wife cannot attend the interview in Lagos because she lives outside Nigeria and will not be able to return to Nigeria for the interview.

What can they do not to miss this opportunity?
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Helpout12345: 6:41pm On Sep 11, 2022
weaseloo:
Hi guys,

What are the alternatives or way out for this family:

The visa interview date (eb2 niw application) has been released and the location is Lagos. But due to unforeseen circumstances the wife cannot attend the interview in Lagos because she lives outside Nigeria and will not be able to return to Nigeria for the interview.

What can they do not to miss this opportunity?

Just as I responded on the NVC thread, to avoid missing the opportunity now, she will have to travel to Nigeria.

But who is the primary applicant? And will other family members able to attend the interview?

Depending on when the interview was scheduled for them by NVC, their files might still be at NVC, if their file is still at NVC, they can ask NVC for reschedule of interview.

If their file no more at NVC, then they have to ask the embassy for a reschedule of interview.
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by kollykolly: 5:55am On Sep 13, 2022
Helpout12345:


Just as I responded on the NVC thread, to avoid missing the opportunity now, she will have to travel to Nigeria.

But who is the primary applicant? And will other family members able to attend the interview?

Depending on when the interview was scheduled for them by NVC, their files might still be at NVC, if their file is still at NVC, they can ask NVC for reschedule of interview.

If their file no more at NVC, then they have to ask the embassy for a reschedule of interview.
Please can you link me to the NVC thread?
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by weaseloo: 5:32pm On Sep 13, 2022
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by praizG: 5:23pm On Sep 16, 2022
@Helpout12345,
I observed that a lot of family based immigrant visa applicants handle the NVC processing stage by themselves. Can the same apply to applicants in the employment based category at the NVC stage? Do you have experience with the steps involved?
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Helpout12345: 6:18pm On Sep 16, 2022
praizG:
@Helpout12345,
I observed that a lot of family based immigrant visa applicants handle the NVC processing stage by themselves. Can the same apply to applicants in the employment based category at the NVC stage? Do you have experience with the steps involved?

Yes. EB categories applicants going through consular processing can definitely do the NVC stage by themselves. In fact, the process becomes same for everyone at NVC stage, except very few differences in visa priority dates, affidavit of support, job offer (if required).

I also always recommend that EB consular processing candidates DIY the NVC and embassy stage cos attorney has very little inputs at those stages.

NVC steps are as below.

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

Let me know if you need more information on any steps involved.

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by praizG: 6:40pm On Sep 16, 2022
Helpout12345:


Yes. EB categories applicants going through consular processing can definitely do the NVC stage by themselves. In fact, the process becomes same for everyone at NVC stage, except very few differences in visa priority dates, affidavit of support, job offer (if required).

I also always recommend that EB consular processing candidates DIY the NVC and embassy stage cos attorney has very little inputs at those stages.

NVC steps are as below.

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

Let me know if you need more information on any steps involved.

Thanks a lot!
The affidavit of support and financial documents are not required in EB2 -NIW, am I right?
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Helpout12345: 7:09pm On Sep 16, 2022
praizG:


Thanks a lot!
The affidavit of support and financial documents are not required in EB2 -NIW, am I right?

Yes. Affidavit of support is not required for NIW. But there are things required to serve same purpose as the Affidavit of support in case of NIW.

The purpose of Affidavit of Support is for US government to ascertain than the immigrants will not become public charge after getting the immigration benefits. In other words, that the immigrants will not end up collecting public poverty alleviating benefits.

So for NIW applicants going through consular processing, the public charge requirements are tested at embassy stage. The primary NIW applicant must convince the VO at the embassy that he or she has a job offer waiting, or has a high prospect of landing a job as early as possible when they arrive in the US. If the primary applicant has no job offer waiting, the following are tips to use to convince the VO that they will not become public charge

1. Present your letter of intent submitted with your I140 from the first stage. But you must have written your letter of intent to serve this purpose as well when you were preparing it at USCIS stage. In the letter of intent, you must state your intention is to work in the field you have demonstrated extra ordinary abilities in the past and that you are still demonstrating those abilities at the moment.

2. Before your embassy interview, go into indeed.com and other job boards to apply for as many jobs as possible. Have communication and interviews with as many US employers as possible. Print those communication and interviews and take them to your visa interview. If you can get interviews with prospective employers in your field while outside the US, most likely you will land a job very soon when you arrive.

3. If you have enough savings, show evidence of it against the US poverty guidelines based on the number of people in your family.

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Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by praizG: 8:08pm On Sep 16, 2022
Helpout12345:


Yes. Affidavit of support is not required for NIW. But there are things required to serve same purpose as the Affidavit of support in case of NIW.

The purpose of Affidavit of Support is for US government to ascertain than the immigrants will not become public charge after getting the immigration benefits. In other words, that the immigrants will not end up collecting public poverty alleviating benefits.

So for NIW applicants going through consular processing, the public charge requirements are tested at embassy stage. The primary NIW applicant must convince the VO at the embassy that he or she has a job offer waiting, or has a high prospect of landing a job as early as possible when they arrive in the US. If the primary applicant has no job offer waiting, the following are tips to use to convince the VO that they will not become public charge

1. Present your letter of intent submitted with your I140 from the first stage. But you must have written your letter of intent to serve this purpose as well when you were preparing it at USCIS stage. In the letter of intent, you must state your intention is to work in the field you have demonstrated extra ordinary abilities in the past and that you are still demonstrating those abilities at the moment.

2. Before your embassy interview, go into indeed.com and other job boards to apply for as many jobs as possible. Have communication and interviews with as many US employers as possible. Print those communication and interviews and take them to your visa interview. If you can get interviews with prospective employers in your field while outside the US, most likely you will land a job very soon when you arrive.

3. If you have enough savings, show evidence of it against the US poverty guidelines based on the number of people in your family.

Whao! You are very detailed in your explanations. Many thanks.
I do have a lot more questions though, but one day at a time.

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by kollykolly: 6:13pm On Sep 18, 2022
Helpout12345:


Yes. EB categories applicants going through consular processing can definitely do the NVC stage by themselves. In fact, the process becomes same for everyone at NVC stage, except very few differences in visa priority dates, affidavit of support, job offer (if required).

I also always recommend that EB consular processing candidates DIY the NVC and embassy stage cos attorney has very little inputs at those stages.

NVC steps are as below.

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

Let me know if you need more information on any steps involved.
Thank you very much for sharing this with us.
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by kollykolly: 6:32pm On Sep 18, 2022
Helpout12345:


Yes. Affidavit of support is not required for NIW. But there are things required to serve same purpose as the Affidavit of support in case of NIW.

The purpose of Affidavit of Support is for US government to ascertain than the immigrants will not become public charge after getting the immigration benefits. In other words, that the immigrants will not end up collecting public poverty alleviating benefits.

So for NIW applicants going through consular processing, the public charge requirements are tested at embassy stage. The primary NIW applicant must convince the VO at the embassy that he or she has a job offer waiting, or has a high prospect of landing a job as early as possible when they arrive in the US. If the primary applicant has no job offer waiting, the following are tips to use to convince the VO that they will not become public charge

1. Present your letter of intent submitted with your I140 from the first stage. But you must have written your letter of intent to serve this purpose as well when you were preparing it at USCIS stage. In the letter of intent, you must state your intention is to work in the field you have demonstrated extra ordinary abilities in the past and that you are still demonstrating those abilities at the moment.

2. Before your embassy interview, go into indeed.com and other job boards to apply for as many jobs as possible. Have communication and interviews with as many US employers as possible. Print those communication and interviews and take them to your visa interview. If you can get interviews with prospective employers in your field while outside the US, most likely you will land a job very soon when you arrive.

3. If you have enough savings, show evidence of it against the US poverty guidelines based on the number of people in your family.

Thank you once again. Can you share the savings hhreshold one can think of?
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Helpout12345: 11:36pm On Sep 18, 2022
kollykolly:

Thank you once again. Can you share the savings hhreshold one can think of?

Here you go. Based on states or Alaska or Hawaii. You will use 125pct figures.

https://www.uscis.gov/i-864p

Those figures are expected to carry you and family for a period of 1 year without needing any public charge benefits.

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by kollykolly: 4:06am On Sep 19, 2022
Helpout12345:


Here you go. Based on states or Alaska or Hawaii. You will use 125pct figures.

https://www.uscis.gov/i-864p

Those figures are expected to carry you and family for a period of 1 year without needing any public charge benefits.
Thank you sir. You are God sent to this group.

1 Like

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by praizG: 12:51pm On Sep 20, 2022
Helpout12345:


Here you go. Based on states or Alaska or Hawaii. You will use 125pct figures.

https://www.uscis.gov/i-864p

Those figures are expected to carry you and family for a period of 1 year without needing any public charge benefits.
Great!
Thank you @ Helpout12345
Sharing the interview experiences of 2 individuals who got their EB2- NIW approved.
One had some savings but no where near the 125pct figure for family of 5. He however had evidence of an online job for a US based company which he had in Nigeria . He was drilled repeatedly by the VO to show proof that he'd still have the job when he moves to the US

The other individual, a medical doctor and a specialist in a field, had stated in his EB2- NIW application and proposed endeavor/letter of intent, to engage in research in his field. He had some savings ( did not bring that up and was not asked), however, he was offered a residency training position in his field and his annual salary was above the 125pct figure required for his family size, and included medical insurance. The VO asked why he was going for the training in the field he claimed to be a specialist. He asked questions hovering around the EB2- NIW application and how he intends to carry out his proposed endeavor and if he really had exceptional abilities he had claimed to have.
Both individuals got the visa but had a sour taste in their mouth after the interview.
@Helpout 12345 and others with experience or information, please what advice would you give to someone in the first and/ or second scenario or other scenarios you know of.
What other factors can make the VO deny an EB visa?
Does multiple prior non immigrant visa refusals, prolonged stay at a prior US trip, inability to get police report from another country e.g China, Russia, etc, affect the interview negatively.

Thank you

2 Likes

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Helpout12345: 4:37pm On Sep 20, 2022
praizG:

Great!
Thank you @ Helpout12345
Sharing the interview experiences of 2 individuals who got their EB2- NIW approved.
One had some savings but no where near the 125pct figure for family of 5. He however had evidence of an online job for a US based company which he had in Nigeria . He was drilled repeatedly by the VO to show proof that he'd still have the job when he moves to the US

The other individual, a medical doctor and a specialist in a field, had stated in his EB2- NIW application and proposed endeavor/letter of intent, to engage in research in his field. He had some savings ( did not bring that up and was not asked), however, he was offered a residency training position in his field and his annual salary was above the 125pct figure required for his family size, and included medical insurance. The VO asked why he was going for the training in the field he claimed to be a specialist. He asked questions hovering around the EB2- NIW application and how he intends to carry out his proposed endeavor and if he really had exceptional abilities he had claimed to have.
Both individuals got the visa but had a sour taste in their mouth after the interview.
@Helpout 12345 and others with experience or information, please what advice would you give to someone in the first and/ or second scenario or other scenarios you know of.
What other factors can make the VO deny an EB visa?
Does multiple prior non immigrant visa refusals, prolonged stay at a prior US trip, inability to get police report from another country e.g China, Russia, etc, affect the interview negatively.

Thank you





Good questions.

1. I think the first person in those interview scenarios was in a good situation so far that online job is in their field of expertise where they claim to have exceptional ability

2. The second person was in a tight situation because of taking a training or trainee position. Anyone in that situation must be prepared for lots of drilling by the VO. I will not advise anyone to show trainee position going to interviews. It's better you have interviews and communication with US employers about top positions in your field than go with a job contradicting what you claimed to be. Honestly, the person must have really done a good job to convince that VO that he or she is not just a medical doctor like millions of doctors around the world or the specialized area must be very important to the US.

Concerning other reasons that EB visa might be denied. This falls under many factors that make an intending immigrant inadmissible to the US. Please find below full information on inadmissibility. Some of them have waivers opportunities while some don't.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html

It's a long read but it's worth it because I have seen people denied based on one or two of these grounds before.

5 Likes 1 Share

Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by praizG: 7:47pm On Sep 20, 2022
@Helpout12345 can't thank you enough for being very informative. It was indeed a long read and educative. Indepth knowledge about the laws that govern the INA is very important, but can be tedious to follow.
Thanks again.
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by semmyk(m): 8:58pm On Sep 20, 2022
Just to add-on a bit on consular VO, extract of earlier post: FAQ
semmyk:
... ...
From a US consular viewpoint, see https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html
The consular provides info on 'FAQ': the types of enquiries lots might want to know in addition to documentations. Such as how long, visa eligibility, even false documentations! ... ...

Helpout12345:
Good questions.
... ...
Concerning other reasons that EB visa might be denied. This falls under many factors that make an intending immigrant inadmissible to the US. Please find below full information on inadmissibility. Some of them have waivers opportunities while some don't.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html

It's a long read but it's worth it because I have seen people denied based on one or two of these grounds before.
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Helpout12345: 11:01pm On Sep 20, 2022
praizG:
@Helpout12345 can't thank you enough for being very informative. It was indeed a long read and educative. Indepth knowledge about the laws that govern the INA is very important, but can be tedious to follow.
Thanks again.

I know it's a long read. But focus on section 212a number 1 to 10 line items and their waiver section. If you need more deep dive into any of them, just ask here.
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by adedammy009: 12:39pm On Sep 21, 2022
Helpout12345:


Yes. Affidavit of support is not required for NIW. But there are things required to serve same purpose as the Affidavit of support in case of NIW.

The purpose of Affidavit of Support is for US government to ascertain than the immigrants will not become public charge after getting the immigration benefits. In other words, that the immigrants will not end up collecting public poverty alleviating benefits.

So for NIW applicants going through consular processing, the public charge requirements are tested at embassy stage. The primary NIW applicant must convince the VO at the embassy that he or she has a job offer waiting, or has a high prospect of landing a job as early as possible when they arrive in the US. If the primary applicant has no job offer waiting, the following are tips to use to convince the VO that they will not become public charge

1. Present your letter of intent submitted with your I140 from the first stage. But you must have written your letter of intent to serve this purpose as well when you were preparing it at USCIS stage. In the letter of intent, you must state your intention is to work in the field you have demonstrated extra ordinary abilities in the past and that you are still demonstrating those abilities at the moment.

2. Before your embassy interview, go into indeed.com and other job boards to apply for as many jobs as possible. Have communication and interviews with as many US employers as possible. Print those communication and interviews and take them to your visa interview. If you can get interviews with prospective employers in your field while outside the US, most likely you will land a job very soon when you arrive.

3. If you have enough savings, show evidence of it against the US poverty guidelines based on the number of people in your family.

Many thanks to you for addressing this affidavit of support part because it has been an area of concern to me. I like to know for like a family of 3, which the expected financial support according the 125pct is around $29k. Can I present savings of $20k in USD and the remaining $9k in naira equivalence of official rate? Looking forward to your reply. Thanks
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Seunn11: 5:55pm On Sep 21, 2022
Please Help with the following question

How can one make payment for the I140 form processing from Nigeria?

Thanks
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by praizG: 6:47pm On Sep 21, 2022
Helpout12345:


I know it's a long read. But focus on section 212a number 1 to 10 line items and their waiver section. If you need more deep dive into any of them, just ask here.
Sure will thanks
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by praizG: 6:58pm On Sep 21, 2022
semmyk:
Just to add-on a bit on consular VO, extract of earlier post: FAQ


Thanks @ semmyk.
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Helpout12345: 7:31pm On Sep 21, 2022
semmyk:
Just to add-on a bit on consular VO, extract of earlier post: FAQ



Thanks. I like how you are helping merge these information together. It's alot of information and can be all over the place.
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by Helpout12345: 7:50pm On Sep 21, 2022
adedammy009:

Many thanks to you for addressing this affidavit of support part because it has been an area of concern to me. I like to know for like a family of 3, which the expected financial support according the 125pct is around $29k. Can I present savings of $20k in USD and the remaining $9k in naira equivalence of official rate? Looking forward to your reply. Thanks

Hmm. This is a tricky one because of the high disparity between official and common exchange rates in Nigeria.

To answer your question, you can present your savings in both USD and/or NGN. You can even add more other liquid assets like stocks etc. But I will advise you use common black market rate to present equivalent of your NGN in dollars to be on the safe side because the VOs know many individuals in Nigeria cannot get dollars at official rates.

Your organization is very important here. The VO has just 1 to 3 minutes to review everything around this. Do a listing of all your asset details in a printed excel format, back up with all required documents to proof all the listed assets (raw cash in banks, stocks, other assets).

If you are presenting other type of assets like stocks, real estate, remember to back them up with stocks certificates and other official documents.

All well arranged and put together in a folder you can just hand over to the VO at a go.
Re: USA Employment-based Immigration (EB-1,EB-2,EB-3 Visa) by adedammy009: 8:16pm On Sep 21, 2022
Helpout12345:


Hmm. This is a tricky one because of the high disparity between official and common exchange rates in Nigeria.

To answer your question, you can present your savings in both USD and/or NGN. You can even add more other liquid assets like stocks etc. But I will advise you use common black market rate to present equivalent of your NGN in dollars to be on the safe side because the VOs know many individuals in Nigeria cannot get dollars at official rates.

Your organization is very important here. The VO has just 1 to 3 minutes to review everything around this. Do a listing of all your asset details in a printed excel format, back up with all required documents to proof all the listed assets (raw cash in banks, stocks, other assets).

If you are presenting other type of assets like stocks, real estate, remember to back them up with stocks certificates and other official documents.

All well arranged and put together in a folder you can just hand over to the VO at a go.

Thanks for taking time to explain. I actually mentioned the use of official dollar rate as other countries that demand for financial support e.g for Canada PR uses the official rate to calculate the PoF.

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