Immigration Insights 2024-09-21

Immigration Newsletter For Scholars and Professionals

September 21, 2024

Self Petition News - 2024-09-21

Weekly immigration news summary curated by GCSP, helping the community with DIY self petition packets.

News Articles:


Understanding the PERM Labor Certification Process for Foreign Nationals Seeking Employment-Based Green Cards in the U.S.

The PERM labor certification is the first step in most employment-based green card cases. Foreign nationals studying in the U.S. often start the process after graduation due to its lengthy duration. However, the PERM process does not grant direct immigration status, so individuals must maintain valid nonimmigrant status during the process. Many students are eligible for one year of optional practical training (OPT) after graduation, which may be extended for STEM graduates. However, OPT often does not cover the full duration of the PERM process, so alternative nonimmigrant status, such as H1B, should be considered. The PERM process requires prior relevant experience, which can be a challenge for recent graduates, and each case requires a specific strategy. The Murthy Law Firm offers assistance throughout the PERM and green card process.

Date: 2024/09/16

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October 2024 Visa Bulletin: U.S. Department of State Reveals New Cutoff Dates for EB1, EB2, EB3,

The U.S. Department of State has released the October 2024 Visa Bulletin, revealing less progress than anticipated for the start of fiscal year 2025. The EB1 cutoff dates for China and India are set at November 8, 2022, and February 1, 2022, respectively, while other countries remain current. The EB2 cutoff dates for China and India are March 22, 2020, and July 15, 2012, respectively, with other countries set at March 15, 2023. The EB3 cutoff dates have advanced for India to November 1, 2012, but retrogressed for China to April 1, 2020, while other countries are set at November 15, 2022. The EB4 cutoff date is set at January 1, 2021, and may expire for certain religious workers on September 30, 2024. The EB5 cutoff dates for China and India have moved to July 15, 2016, and January 1, 2022, respectively.

Date: 2024/09/11

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Self Petition FAQ: What is the "Dhanasar" standard for NIW adjudication?

The "Dhanasar" standard is a three-pronged test used by the United States Citizenship and Immigration Services (USCIS) for adjudicating National Interest Waiver (NIW) petitions under the EB2 immigrant visa category. The standard was established in the 2016 precedent decision, Matter of Dhanasar. The three prongs are: 1) the foreign national's proposed endeavor has both substantial merit and national importance; 2) the foreign national is well-positioned to advance the proposed endeavor; and 3) on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. For individuals with an advanced degree, the Dhanasar standard can be particularly beneficial as their educational background and professional experience can be utilized to demonstrate that they are well-positioned to advance an endeavor of substantial merit and national importance.

Date: 2024/09/21

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Overview of the J-1 Au Pair Visa Program in the U.S.

The J-1 Au Pair visa is a program managed by the U.S. Department of State that allows young people aged 18-26 to live in the U.S. while providing childcare for an American host family. This program promotes mutual understanding through daily interactions and shared responsibilities and supports educational and professional growth. Au pairs typically earn between $10,000 and $15,000 annually, but also receive free room and board. Family members of the J-1 visa holder may apply for J-2 dependent visas, depending on the specific exchange program. Working outside of the J-1 program is considered visa fraud and can lead to legal issues. The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program.

Date: 2024/09/11

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Address Change Requirements for Individuals Filing Immigration Benefit Requests with USCIS

The U.S. Citizenship and Immigration Services (USCIS) requires individuals who have filed an immigration benefit request to notify them of any address changes as soon as possible to ensure uninterrupted correspondence and benefits. Noncitizens in the U.S. must report address changes within 10 days of moving, except for A and G visa holders and visa waiver visitors. The preferred method of address change is through the USCIS online account, as it is processed almost immediately and eliminates the need to mail a paper form. Changing your address with the U.S. Postal Service will not update your address with USCIS. Certain populations may need to follow other program-specific procedures for address changes.

Date: 2024/09/08

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USCIS Extends EAD Renewal Period to Support Noncitizen Employment and Streamline Processes

The United States Citizenship and Immigration Services (USCIS) has extended the automatic renewal period for Employment Authorization Documents (EADs) from 180 to 540 days. This change aims to provide stability for noncitizens legally working in the US by preventing employment gaps while they await the processing of their renewal applications. This initiative is part of a broader USCIS effort to streamline processes and support noncitizen employment. The extended EAD renewal period will be in effect from April 8, 2024, until September 20, 2027, benefiting thousands of noncitizens. The rule also modernizes the EAD application process, expanding online filing options and streamlining adjudication procedures. USCIS is also actively educating work-eligible individuals about the new rule and providing support for EAD applications.

Date: 2024/09/11

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Understanding the EB-2 Visa Category in the US and Its Implications for Indian Professionals

The EB-2 visa category in the US is granted to professionals with advanced degrees or extraordinary abilities in arts, science, or business, and those whose work benefits the national interest. A bachelor's degree with five years of work experience also qualifies. No American sponsor is required for the National Interest Waiver (NIW) sub-category. The USCIS has set a limit of issuing 47,000 EB-2 visas for the financial year 2024, making up 28.6% of the 1.65 lakh employment-based visas allotted annually. However, Indian citizens have been facing challenges in obtaining this visa. Despite this, it is expected that Indians, who constitute a large number in the advanced degrees category, will benefit when new visas are issued.

Date: 2024/09/14

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Self Petition FAQ: Can I use media coverage of my work as evidence?

Yes, you can use media coverage of your work as evidence in an EB1A green card application. This is particularly relevant to individuals with advanced degrees as their work can sometuimes receive public attention and discussion. Media coverage can be used to demonstrate sustained national or international acclaim, a key requirement for the EB1A category. The media coverage must be in recognized media outlets, and it should specifically discuss your work, contributions, and achievements in your field of expertise. It's not enough to simply have media coverage; it should show that you stand out significantly from others in the field. The more prestigious or well-recognized the media outlet, the stronger the evidence. Remember, it's about quality, not just quantity. It's important to provide translations if the coverage is not in English.

Date: 2024/09/21

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Exploring the National Interest Waiver Pathway for Foreign National Workers: An Article by Haseena Enu

Haseena Enu, a partner based in Dallas, TX, has written an article for the Dallas Bar Association's official publication, Headnotes. In the article, she discusses the National Interest Waiver pathway for foreign national workers. Typically, the path to permanent residency for temporary foreign workers begins with a labor certificate from the U.S. Department of Labor, which can take two years to prepare, file, and adjudicate. The National Interest Waiver pathway, however, allows individuals to bypass this by demonstrating their work is in the national interest. This waives the requirement for a labor market test and labor certification, allowing for the direct filing of an I-140 Immigrant Visa Petition.

Date: 2024/09/10

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USCIS Releases H-1B Cap Lottery Statistics for FY 2025: Employers Explore Alternative Visa Options

The United States Citizenship and Immigration Service (USCIS) has released statistics for the H-1B cap lottery for FY 2025. Approximately 442,000 unique beneficiaries were registered, with 135,137 selected in total. This includes 120,603 from the initial selection and an additional 14,534 from the second lottery. The H-1B program allows US employers to temporarily employ foreign workers in highly specialized fields. The current cap on H-1B visas is 65,000 per fiscal year, with an additional 20,000 for beneficiaries with a master’s degree or higher from a US institution. Due to the limited number of H-1B visas, US employers are looking to alternatives like the O-1A and EB-2 NIW visas, particularly for jobs in STEM fields. The approval rates for these alternatives have shown an upward trend.

Date: 2024/09/08

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Disclaimer: The summarized content here is provided for informational purposes only. It does not constitute legal advice and may not be applicable to specific situations or circumstances. All news sources are acknowledged. If you need additional details follow the source link. This website/email assumes no liability for any errors.