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  • Immigration Insights (2024-11-14): Essential USCIS Updates for Self-Petitioners and Employment-Based Immigrants

Immigration Insights (2024-11-14): Essential USCIS Updates for Self-Petitioners and Employment-Based Immigrants

Immigration Newsletter For Scholars and Professionals

November 15, 2024

Self Petition News - 2024-11-14

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Weekly Immigration News Summary (November 14, 2024), curated by greencardselfpetition.com, helping the community with Do-It-Yourself self petition packets and EB1A & NIW Knowledge Bot.

News Articles:


Self Petition FAQ: What is the EB1A green card?

The EB1A green card is a special immigrant visa category for individuals who have extraordinary ability in the arts, sciences, education, business, or athletics. This type of visa allows these exceptionally talented individuals to live and work permanently in the United States. The EB1A category is particularly attractive because it is a first preference visa, meaning that it is given priority over other employment-based visas. This often results in faster processing times compared to other green card categories. In addition, EB1A applicants can self-petition, meaning they do not need a specific job offer or employer sponsorship to apply. Note that current processing times and priority dates for applicants can be found on the USCIS and the latest Visa Bulletin from the Department of State websites respectively.

Date: 2024/11/14

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December 2024 Visa Bulletin Released: Minimal Changes in EB Category Cutoff Dates

The U.S. Department of State has released the December 2024 Visa Bulletin with minimal changes from the previous month. The EB1 cutoff dates remain at 08.Nov.2022 for China and 01.Feb.2022 for India, while it is current for all other countries. In the EB2 category, India's cutoff date has moved to 01.Aug.2012, while China's remains at 22.Mar.2020, and all other countries at 15.Mar.2023. EB3 India's cutoff date has improved slightly to 08.Nov.2012, while China's remains at 01.Apr.2020, and all other countries at 15.Nov.2022. The EB4 cutoff date for all countries is set at 01.Jan.2021. In the EB5 category, China's unreserved cutoff date remains at 15.Jul.2016 and India's at 01.Jan.2022, while it remains current for all other countries.

Date: 2024/11/12

Source

Understanding the PERM Labor Certification Process for Employment-Based Green Cards

The PERM labor certification is the first step in most employment-based green card cases. A crucial part of the PERM process is the labor market test, where the employer must show through a strict recruitment process that no qualified U.S worker is willing to take the job. The employer must conduct good-faith recruitment, which is not specifically defined in law, so we look to adjudication trends and analysis to understand the Department of Labor's (DOL) reasoning. The DOL requires employers to ensure the job opportunity is open to any qualified U.S. worker and they can only reject U.S. workers for lawful job-related reasons. Employers must show serious intent to consider all qualified applicants to avoid certification denial. They must also contact all potentially qualified U.S. applicants and inquire further if it is unclear whether they meet the job requirements.

Date: 2024/11/11

Source

USCIS Clarifies Policy on Three- and Ten-Year Bars for Overstayed I-94 Visas: Potential Impact on Noncitizens

The USCIS has clarified its policy on the three- and ten-year bars applied to those who overstay their I-94 visas in the US. Previously, a foreign national who accrued unlawful presence but obtained an advance parole (AP) document before leaving the US was not subject to the three-year bar. USCIS has now extended this to the ten-year bar. However, the Department of State (DOS) maintains that this protection does not apply to those applying for a nonimmigrant visa. This difference in interpretation could significantly impact noncitizens navigating the immigration system, influencing strategies adopted by lawyers and noncitizens when addressing their immigration status.

Date: 2024/11/07

Source

Self Petition FAQ: What is the difference between a national interest waiver and a labor certification?

A labor certification is a document that an employer must obtain to sponsor a foreign worker for a green card. The employer must demonstrate that there are no qualified U.S. workers available for the job and that the foreign worker's employment will not adversely affect U.S. workers. On the other hand, a national interest waiver (NIW) is a type of green card application under the EB2 category where the applicant can bypass the labor certification process. The applicant must demonstrate that their work is of national interest to the U.S., and it is beneficial to waive the labor certification requirement. For individuals with an advanced degree, the NIW is particularly beneficial as it allows them to self-petition for a green card without an employer sponsor, providing more flexibility and independence in their career path.

Date: 2024/11/14

Source

USCIS Extends Ruling on Unlawful Presence and Advance Parole: Implications and Complexities in Immigration Law

The USCIS has extended the ruling from the Matter of Arrabally and Yerrabelly (2012) to apply to situations where a person accrues one year or more of unlawful presence in the U.S. but obtains an advance parole (AP) document before leaving. This means that regardless of the duration of unlawful presence, an individual will not be subject to a three- or ten-year bar if they obtain an AP document before departing. However, the U.S. Department of State maintains that the protections against these bars do not apply to a foreign national who wishes to obtain a nonimmigrant visa. These differing interpretations highlight the complexity of the immigration system and the importance of understanding these nuances when navigating immigration pathways.

Date: 2024/11/07

Source

Understanding Travel Rules for Lawful Permanent Residents in the U.S.

Lawful Permanent Residents (LPRs) in the U.S. can travel freely to and from the country, but there are limits to how long they can stay abroad. If an LPR plans to stay outside of the U.S. for more than a year, they need to apply for a reentry permit before leaving. This permit can also serve as evidence against a presumption of LPR abandonment if the individual stays abroad for an extended period. However, it does not exempt an individual from the requirement to demonstrate continuous residence in the U.S. for naturalization. To apply for a reentry permit, an LPR must file form I-131 with the U.S. Citizenship and Immigration Services (USCIS) while physically present in the U.S. The initial reentry permit is valid for two years, but can't be renewed or extended.

Date: 2024/11/04

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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.