Immigration Insights 2024-10-03

Immigration Newsletter For Scholars and Professionals

October 07, 2024

Self Petition News - 2024-10-03

Weekly immigration news summary curated by greencardselfpetition.com, helping the community with Do-It-Yourself self petition packets.

News Articles:


Understanding Employment-Based Immigration Processes: Prevailing Wage Determination and Requirements

Employment-based immigration processes like PERM labor certification and H1B nonimmigrant visa classification require employers to obtain a prevailing wage determination from the U.S. Department of Labor (DOL). This wage is determined by the DOL using the O*NET classification system and Occupational Employment Statistics (OES) program. The DOL or employer assigns the wage level based on job requirements, education, work experience, special skills, supervisory duties, and in the case of PERM, travel requirements. The wage must be paid to the employee at the time of hire for nonimmigrant visas, and upon obtaining lawful permanent resident status for PERM labor certification. The employer must also show their ability to pay this wage from when the certification is filed until the employee obtains a green card.

Date: 2024/09/26

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Understanding the ETA Form 9089 and Its Importance in Permanent Employment Certification for Foreign Workers

The ETA form 9089, or PERM labor certification, is an application for permanent employment certification that requires employers to disclose any ownership interest a foreign worker has in the sponsoring entity. This is to ensure the integrity of the process, protect U.S. workers, and confirm that a bona fide job opportunity exists. The U.S. Department of Labor (DOL) may consider the ownership interest as a form of self-employment if it makes the sponsoring entity inseparable from the sponsored employee. The DOL typically audits cases where the employer has disclosed the employee's ownership interest. Failure to disclose this information can lead to severe consequences, including revocation of the approved I-140 petition, delays in the employee's green card, or findings of fraud. It is recommended that employers consult with experienced immigration attorneys before entering such agreements.

Date: 2024/09/23

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Significant Increase in O-1A Visas and National Interest Waivers for High-Skilled Immigrants in the US Following 2022

The US has seen a significant increase in approvals for O-1A visas and National Interest Waivers (NIW) for high-skilled immigrants, particularly in STEM fields, following the Biden Administration's favorable 2022 guidance. The O-1A visa, designed for individuals with extraordinary abilities, has no annual limit, unlike the H-1B visa, making it more accessible. The 2022 guidance clarified eligibility for O-1A visas, leading to increased applications and approvals. NIWs, which bypass the labor certification process for green cards, also expanded eligibility. The changes have impacted approval rates, making it easier for high-skilled professionals to contribute to the US economy. Both visas offer a path to long-term tenure in the US without relying on the H-1B lottery. However, USCIS has begun issuing more Requests for Evidence on these visa applications.

Date: 2024/09/25

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Next League CEO Develops AI-Based Framework for EB-1A Visa Talent Evaluation and Acquisition

Ranjeet Mudholkar, CEO of Next League Executive Board LLC, has devised a data-driven framework to help businesses evaluate talent, particularly for the EB-1A visa category. The EB-1A visa is a crucial pathway for skilled individuals, particularly in the technology and biotech sectors. Mudholkar, in collaboration with AI expert Ankit Virmani and law expert Mohammad Shair, developed the Mudholkar-Virmani-Shair Extraordinary Ability Score (MVS-EAS), a framework that uses artificial intelligence, advanced statistical methods and legal principles to objectively assess EB-1A petitions. This data-driven approach can improve the consistency and objectivity of the evaluation process, making it more transparent and equitable. The framework can also be used by businesses to refine their talent acquisition processes, moving from subjective assessments to objective, measurable outcomes.

Date: 2024/09/25

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Self Petition FAQ: Can I include my family members in my NIW green card application?

Yes, you can include your spouse and unmarried children under the age of 21 in your NIW green card application. They are considered derivative beneficiaries of your application and can apply for an adjustment of status to permanent residency along with you. This is beneficial as it allows your family to obtain their green cards without having to separately meet the eligibility requirements for the EB2-NIW category. For individuals with an advanced degree, this is particularly advantageous as it eases the immigration process for their family members who may not have similar educational qualifications. However, it's important to note that each family member will need to submit separate forms and pay individual processing fees. The success of their applications is contingent upon the approval of your NIW petition.

Date: 2024/10/03

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Self Petition FAQ: How does the EB1A application process differ for athletes versus scientists?

The EB1A application process for athletes and scientists is essentially the same, as both must demonstrate extraordinary ability in their respective fields. However, the key difference lies in the type of evidence provided. Athletes might present records of their performance in international competitions, awards, and testimonials from other recognized athletes, while scientists might present their research findings, patents, publications in prestigious journals, and letters of recommendation from other distinguished scientists. Both athletes and scientists must meet at least 3 out of 10 criteria set by USCIS or provide evidence of a one-time achievement (i.e., a major internationally recognized award). Therefore, the process and criteria are the same, but the evidence provided will depend on the specific field of extraordinary ability.

Date: 2024/10/03

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Biden's Executive Order Eases EB1A Visa Process for AI Professionals; PR Firm Assists with Requirements

President Biden's recent executive order on artificial intelligence (AI) has made it easier for AI professionals to secure EB1A visas. The order streamlines the visa process, prioritizes applications from AI professionals, and updates the criteria to better recognize their unique skills. Baden Bower, a public relations firm, is helping these professionals meet the strict visa requirements by turning their technical achievements into compelling stories that align with immigration officials. The firm's strategy includes getting clients featured in top-tier publications, securing speaking opportunities at leading AI conferences, and enhancing applicants’ visibility to industry leaders. The order is part of a larger strategy to maintain U.S. leadership in AI advancement.

Date: 2024/09/25

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EB1A Visa Program Updates: Easier Access to U.S. Residency for Olympic Medalists

The EB1A visa program now offers Olympic medalists easier access to U.S. permanent residency. Recent updates to the program recognize Olympic medals as a "one-time achievement" of an internationally recognized award, simplifying the application process. However, to obtain a green card through the EB1A, applicants must show that they continue contributing to their sport and maintain high recognition. The new policy has led to a 15% rise in EB1A applications from athletes with Olympic achievements. The EB1A is also open to non-medalists who excel in other areas, provided they meet at least three of ten benchmarks. Professional support, such as that offered by public relations firm Baden Bower, can significantly improve the chances of securing the visa.

Date: 2024/09/22

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Baden Bower Assists International Talent in Navigating the EB1A Visa Process through Media Coverage

Baden Bower, a leading public relations firm, is helping international talent navigate the EB1A visa process to work in the United States. The EB1A visa is for exceptionally skilled individuals who can enhance American industry and culture. With competition for these visas intensifying, Baden Bower guides applicants through the process, improving their chances of success. The firm uses its media connections to secure high-quality press coverage for applicants, providing tangible proof of their prominence. It also offers a money-back guarantee if it does not achieve publication. Baden Bower has assisted over 1,400 EB1A and O-1 visa applicants in securing positive media coverage, playing a crucial role in successful applications.

Date: 2024/09/22

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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.