Immigration Insights 2024-10-17

Immigration Newsletter For Scholars and Professionals

October 17, 2024

Self Petition News - 2024-10-17

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:


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Self Petition FAQ: What if I have significant contributions to my field but no major awards?

Even without major awards, you can still qualify for an EB1A green card if you meet other criteria demonstrating your extraordinary ability. As an individual with an advanced degree, your significant contributions to your field can be demonstrated through other evidence such as published material about you, your membership in associations, your role in judging the work of others, or your original scholarly contributions. USCIS uses a points-based system and you need to meet at least three out of ten criteria to be eligible. Therefore, while major awards can strengthen your case, they are not the only way to establish your eligibility. You can take help from our DIY packets or consult an immigration attorney to present a strong case based on your specific circumstances and achievements.

Date: 2024/10/17

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November 2024 Visa Bulletin Released by U.S. Department of State: Little Movement in Employment-Based Categories Noted

The U.S. Department of State (DOS) has released the November 2024 Visa Bulletin, revealing little movement in employment-based categories. The exception is the EB4 program for certain religious workers, reauthorized by Congress through 20 Dec. 2024. EB1 China and EB1 India cutoff dates remain unchanged at 08 Nov. 2022 and 01 Feb. 2022 respectively. The EB2 cutoff dates for China and India remain at 22 Mar. 2020 and 15 Jul. 2012, while EB3 cutoff dates remain unchanged. The EB4 cutoff date for all countries remains set at 01 Jan. 2021. In the EB5 category, China and India's unreserved cutoff dates remain at 15 Jul. 2016 and 01 Jan. 2022 respectively. EB5 remains current for all other categories and countries.

Date: 2024/10/11

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USCIS Launches New Online Filing Process for Immigration Forms

The U.S. Citizenship and Immigration Service (USCIS) has launched a new online filing process, enabling individuals to upload completed PDF application forms, rather than filling out an online form or posting documents. Initially, the process is limited to forms I-765 (employment authorization) and I-912 (fee waiver), and is only open to applicants in certain adjustment of status categories. Although a fee is usually required, fee waivers are available. To use the service, individuals must download the relevant form, fill it out, and upload it via their myUSCIS account. The USCIS will accept or reject the filing within 30 days. Currently, the service is only available to individual applicants not represented by an attorney, but there are plans to expand it in future.

Date: 2024/10/10

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USCIS Issues Policy Alert Clarifying EB1 Eligibility Criteria: Implications and Legal Support

The U.S. Citizenship and Immigration Services (USCIS) has issued a policy alert to clarify eligibility criteria for the employment-based, first preference (EB1) category for persons of extraordinary ability. The changes are generally positive for EB1(a) petitioners, but it's important to stay updated with the USCIS Policy Manual as even minor changes can significantly impact cases. The Murthy Law Firm offers consultation and representation for clients on U.S. immigration matters, both within the U.S. and abroad.

Date: 2024/10/07

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Updates on US Immigration Changes: Qatar Joins Visa Waiver Program, H-2B Visa Cap Reached, and New Procedures for Liberians

Smith Stone Walters, a firm specializing in UK immigration, has shared updates on recent US immigration changes. The US has designated Qatar into the Visa Waiver Program (VWP), making it the first Gulf country to join the program. From December 2024, Qatari citizens can apply to travel to the US for up to 90 days without a visa. The US Citizenship and Immigration Services (USCIS) has reached its cap on H-2B visas for temporary non-agricultural workers for the first half of fiscal year 2025. USCIS has also established procedures for Liberians covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid until June 2026.

Date: 2024/10/06

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Self Petition FAQ: Can I apply for an NIW if I have a pending H-1B or other visa status?

Yes, you can apply for a National Interest Waiver (NIW) even if you have a pending H-1B or other visa status. You can hold multiple immigration petitions at the same time. The EB2-NIW category is not dependent on your current visa status. However, it's important to note that applying for an NIW does not automatically grant you a change of status. You will still need to maintain your current visa status while your NIW application is being processed. For individuals with advanced degrees, the EB2-NIW category can be a beneficial pathway to permanent residency as it waives the requirement for a job offer and labor certification, provided you can demonstrate that your work is of substantial intrinsic merit and national importance.

Date: 2024/10/17

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Understanding the I-9 Form and Employment Eligibility Verification in the United States

When hiring a new employee in the United States, it is required to verify their legal eligibility to work in the country. The employee must complete the I-9 Form, Employment Eligibility Verification, after a job offer has been made. The employer is responsible for ensuring the form is completed and kept with other employment records. The I-9 form is divided into three parts, filled out by both the employee and employer. The employee provides personal information and attests to their eligibility to work in the U.S., while the employer verifies the employee's documents and attests to their belief in the employee's work authorization. The form is also used for re-verification when re-hiring an employee. Employers must retain I-9s for a minimum of three years.

Date: 2024/10/06

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Nigerian Engineer Bathlomew Ebika Earns US National Interest Waiver for Exceptional Contributions to Engineering and Research

Nigerian engineer Bathlomew Ebika has earned the United States National Interest Waiver (NIW) for exceptional ability, due to his significant contributions to engineering and research. After earning his B. Eng in Electrical Engineering in Nigeria, he pursued a Master’s degree in Systems and Control Engineering at Case Western Reserve University (CWRU) in the U.S., where he later secured a full-time research position. His work in additive manufacturing and predictive modeling led to the development of a machine learning model for predicting bead height in 3D printing. He also serves as a Co-Investigator for NASA’s U.S. Research Collaboration (USRC) and contributes to the National Science Foundation’s NSF-HAMMER program. His work spans control systems, the Internet of Things (IoT), machine learning, and biomedical engineering.

Date: 2024/10/09

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Immigration Attorney Thomas J. Arkell to Hold Free Seminar at Southern Illinois University

Immigration attorney Thomas J. Arkell will be holding a seminar at Southern Illinois University on October 8, 2024. The seminar, which is free and does not require pre-registration, will provide essential immigration information and employment options for faculty, staff, graduate and postdoctoral students. The Office of the Associate Provost for Academic Administration is co-presenting the seminar. It will take place at 1:30 p.m. in the Student Services Building, Room 170. For more information, contact Lori Johnson at 618-536-5535 or [email protected].

Date: 2024/10/08

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Pathways to U.S. Permanent Residency for Highly Skilled Foreign Workers: The Role of PERM and National Interest Waiver

The U.S. benefits greatly from highly trained foreign nationals who work and innovate in the country, often on temporary visas. When these visas expire, one pathway to permanent residency, or a "green card", is through the Permanent Labor Certification (PERM) process. However, this requires a U.S. employer to demonstrate that no suitable U.S. worker is available for the job, a process that can be complex and expensive. An alternative is the National Interest Waiver, which bypasses the labor certification process for those with advanced degrees or exceptional ability, provided they can demonstrate their work is in the U.S.'s interest. The Biden-Harris administration affirmed this exception in January 2022, particularly for those in science, technology, engineering, and math fields.

Date: 2024/10/06

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Biden Administration Ends Temporary Humanitarian Program for Certain Migrants, Updates on DACA, Border Crossings, and Visa Waiver Program

The Biden administration has decided not to renew a temporary humanitarian program that allows migrants from Cuba, Venezuela, Haiti, and Nicaragua to legally stay in the U.S., putting many at risk of deportation. Meanwhile, the Deferred Action for Childhood Arrivals (DACA) program, which protects over 535,000 undocumented immigrants, is being debated in a federal appeals court. In September, illegal crossings at the U.S.-Mexico border fell to their lowest level since 2020 due to President Biden’s restrictions on asylum seekers. The Department of Homeland Security (DHS) plans to add Qatar to the Visa Waiver Program starting December 1, 2024. The U.S. Citizenship and Immigration Services (USCIS) is also updating Form I-131, used for travel, parole, and arrival/departure documents.

Date: 2024/10/12

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The Impact and Importance of H-1B Visa Workers in the U.S. Labor Market

Foreign workers, particularly in the STEM fields, fill a critical need in the U.S. labor market. The H-1B visa allows employers to hire highly educated foreign professionals for specialty occupations. However, demand for H-1B visas has often exceeded the available number, which is capped annually at 65,000, plus an additional 20,000 for foreign professionals with a U.S. master’s degree or doctorate. Research suggests H-1B workers complement U.S. workers, fill employment gaps, and expand job opportunities. Changes to the H-1B petition process, including a registration system and a beneficiary-centric system, aim to reduce burden on employers and prevent system abuse. Despite a decrease in H-1B visa holders admitted in 2020 due to COVID-19 restrictions, their economic contributions remain significant, with low unemployment rates in occupations employing large numbers of H-1B workers.

Date: 2024/10/09

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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.