Immigration Insights 2024-10-10

Immigration Newsletter For Scholars and Professionals

October 12, 2024

Self Petition News - 2024-10-10

Weekly immigration news summary curated by greencardselfpetition.com, helping the community with Do-It-Yourself self petition packets and EB1A & NIW Knowledge Bot.

News Articles:


Self Petition FAQ: How long does it take to get a Green Card after NIW approval?

The time it takes to get a Green Card after National Interest Waiver (NIW) approval can vary significantly and depends on several factors including the applicant's country of origin, the current processing times at USCIS, and whether the applicant is applying from within the U.S. or from abroad. On average, it can take anywhere from 1 to 3 years. However, it's important to note that the NIW is just one step in the process. After the NIW is approved, the applicant must then file an I-485 to adjust their status to a permanent resident, which can also take several months to process. For those with advanced degrees, the NIW is a valuable path to a Green Card as it waives the requirement of a job offer and labor certification, allowing them to self-petition based on their contribution to their field of expertise.

Date: 2024/10/10

Source

USCIS Clarifies Evaluation of Eligibility Criteria for EB1 Category: Impact and Updates

The U.S. Citizenship and Immigration Services (USCIS) released a policy alert on October 2, 2024, to clarify the evaluation of eligibility criteria under the employment-based, first preference (EB1) category for persons of extraordinary ability. The changes are mainly positive for EB1(a) petitioners. Even minor changes to the USCIS Policy Manual can significantly impact immigration cases, so it's important to stay informed. The Murthy Law Firm provides updates on changes made by the USCIS and other important issues related to U.S. immigration law.

Date: 2024/10/07

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Recent Changes in US Immigration Policies: Updates from Smith Stone Walters

Smith Stone Walters, a UK immigration specialist, has noted several recent changes to US immigration policies. Qatar has been added to the Visa Waiver Program (VWP), allowing its citizens to travel to the US for up to 90 days without a visa from 1 December 2024. The cap on H-2B visas for temporary non-agricultural workers for the first half of fiscal year 2025 has been reached. Additionally, procedures have been established for Liberians covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid until 30 June 2026. The firm offers expert assistance in corporate transfers and individual visa applications, with a team of partners and specialists around the world.

Date: 2024/10/05

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Justice Department Settles Employment Discrimination Cases: A Lesson for Employers

The Immigrant and Employee Rights Section (IER) of the Department of Justice has recently settled several cases of employment discrimination, serving as valuable lessons for employers. In one case, a transportation and parking management company refused to honor an employee's valid Employment Authorization Document (EAD) because it appeared expired, even though it had been automatically extended. The company was ordered to reinstate the employee, pay backpay and civil penalties, and revise any problematic policies. Another case involved a transportation management company that withdrew a job offer because the candidate was not a U.S. citizen, resulting in backpay and civil penalties. A third case saw a staffing company fined for requiring non-U.S. citizens to present specific types of documentation to prove their permission to work.

Date: 2024/10/02

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Pathways to Permanent Residency for Foreign Nationals in U.S. Higher Education: The National Interest Waiver

The U.S. higher education system is often a pathway for foreign nationals to contribute to the country's economy and society through innovation and discovery. When their temporary stay expires, one common way to obtain permanent residency is through the Permanent Labor Certification (PERM) process. This process requires a U.S. employer to prove that there is no suitable U.S. worker for the position before hiring a foreign national. However, this can be time-consuming and expensive. An alternative is the National Interest Waiver, which waives the requirement for a job offer and labor certification. This exception is particularly suitable for entrepreneurs and individuals with advanced degrees in areas important to U.S. competitiveness and national security. The Biden-Harris administration affirmed this exception in January 2022.

Date: 2024/10/04

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Intensifying Race for EB1A Visas: The Rising Role of PR Services in Securing Approvals

The race for EB1A visas, designed for individuals with "extraordinary ability" in fields like science, arts, education, business, or sports, is intensifying due to the looming fiscal year 2024 deadline. The U.S. Citizenship and Immigration Services (USCIS) reported a 30% increase in EB1A applications compared to the previous year. To stand out, applicants are increasingly using professional PR services such as Baden Bower, which helps clients fulfill critical EB1A criteria through customized strategies. This includes securing features in major publications, arranging speaking engagements, and facilitating industry awards. A study found that applicants with professional media coverage were 40% more likely to have their EB1A petitions approved without a request for evidence.

Date: 2024/10/02

Source

Revolutionizing Talent Acquisition: CEO Develops Data-Driven Approach for Evaluating EB-1A Visa Applicants

Ranjeet Mudholkar, CEO of Next League Executive Board LLC, has developed a data-driven approach to evaluating EB-1A visa applicants, which could reshape global talent acquisition. The EB-1A visa is a key pathway for skilled individuals to work in the US. Mudholkar, along with AI expert Ankit Virmani and law expert Mohammad Shair, created the Mudholkar-Virmani-Shair Extraordinary Ability Score (MVS-EAS), a framework that uses AI, statistical methods, and legal principles to objectively assess EB-1A petitions. The model quantifies an applicant's expertise and achievements into a comprehensive score. This approach could be used by businesses to improve their talent acquisition processes by shifting from subjective assessments to objective, measurable outcomes. Future research will focus on validating the model with real-world data and exploring further integration of qualitative expert assessments.

Date: 2024/09/29

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PR Firm Assists AI Experts with Visa Process Following Biden's Executive Order

President Biden’s recent executive order on AI has simplified the visa process for AI experts seeking EB1A visas. This has led PR firm Baden Bower to assist these professionals in meeting the strict visa requirements. The firm helps applicants turn their technical achievements into compelling stories that align with immigration officials' criteria. This includes getting clients featured in top-tier publications, securing speaking opportunities at leading AI conferences, and enhancing applicants’ visibility to industry leaders. The firm is preparing for an expected increase in EB1A applications from AI professionals following the executive order. It collaborates with immigration lawyers and AI experts to ensure its PR campaigns are legally sound and technically up-to-date.

Date: 2024/09/29

Source

Self Petition FAQ: Can I apply for EB1A if I am a coach or trainer?

Yes, you can apply for EB1A as a coach or trainer. This category is not limited to people with advanced degrees; it is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The key to a successful EB1A application is demonstrating that you have "sustained national or international acclaim" and that your achievements have been recognized in your field of expertise. This could include awards, media coverage, or a high salary relative to others in the field. You also need to show that you will continue working in your area of expertise in the U.S., and that your work will substantially benefit the U.S.

Date: 2024/10/10

Source

DIY Packets for Self-Petitioners


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.