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- Immigration Insights 2024-09-12
Immigration Insights 2024-09-12
Immigration Newsletter For Scholars and Professionals
Weekly immigration news summary curated by GCSP, helping the community with DIY self petition packets.
News Articles:
- Filing a Federal Lawsuit Against U.S. Government Under the Administrative Procedure Act for Immigration Cases.
- Self Petition FAQ: Do I need to be in the U.S. to apply for an NIW?
- USCIS Updates Guidance on OPT for F-1 Students: Potential Increase in STEM OPT Denials.
- Understanding the J-1 Au Pair Visa Program in the U.S.
- Self Petition FAQ: Who should write my letters of recommendation?
- Guidelines for Updating Address with the United States Citizenship and Immigration Services (USCIS).
- USCIS Conducts Second Lottery for H-1B Visa Applicants for Fiscal Year 2025.
Filing a Federal Lawsuit Against U.S. Government Under the Administrative Procedure Act for Immigration Cases
The Administrative Procedure Act (APA) allows individuals or employers to file a federal lawsuit against the U.S. government if an immigration case decision is contrary to the law. These lawsuits can challenge erroneous denials, revocations, fraud findings, or unreasonable delays. The ability to file an APA lawsuit depends on the specific legal issue and some discretionary agency actions cannot be challenged. A recent Supreme Court decision has increased the likelihood of success in these cases as federal courts now have more authority to overturn agency decisions. Individuals concerned about governmental retribution should not worry as U.S. federal courts impartially review cases. If traditional options to challenge a decision are unsuccessful, filing a federal lawsuit may be necessary. Legal advice can be sought from a Murthy Law Firm attorney.
Date: 2024/09/09
SourceSelf Petition FAQ: Do I need to be in the U.S. to apply for an NIW?
No, you do not need to be in the U.S. to apply for a National Interest Waiver (NIW) under the EB2-NIW category. The NIW petition can be filed from anywhere in the world. The key requirement is that you must be able to demonstrate that your work is of substantial intrinsic merit and national in scope, and that it benefits the U.S. The U.S. Citizenship and Immigration Services will consider the petition based on the evidence provided, not your physical location. For someone with an advanced degree, an NIW could be a good option because it waives the requirement of a job offer and labor certification, which can expedite the green card process. However, you should consult with an immigration attorney to understand the specifics and potential challenges of your case.
Date: 2024/09/12
SourceUSCIS Updates Guidance on OPT for F-1 Students: Potential Increase in STEM OPT Denials
On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued updated guidance on optional practical training (OPT) for F-1 students. The main change is the modification of when the STEM OPT extension must be filed. This could potentially lead to an increase in the number of STEM OPT denials, based on F-1 students who fail to file the applications in a timely manner. Therefore, F-1 students, like all foreign nationals, need to stay aware of changes in U.S. immigration law and act proactively.
Date: 2024/09/05
SourceUnderstanding the J-1 Au Pair Visa Program in the U.S.
The J-1 Au Pair visa allows young people aged 18-26 to live in the U.S and provide childcare for an American host family. Managed by the U.S. Department of State, the visa program promotes mutual understanding through daily interactions and shared responsibilities. The arrangement supports educational and professional growth and ensures both au pairs and host families benefit from a well-regulated exchange. The visa is authorized for those participating in approved programs such as teaching, studying, conducting research, etc. Au pairs typically earn between $10,000 and $15,000 annually, with benefits including free room and board. Family members of the J-1 visa holder may apply for J-2 dependent visas. However, working outside this program is considered visa fraud and can lead to legal issues.
Date: 2024/09/11
SourceSelf Petition FAQ: Who should write my letters of recommendation?
The letters of recommendation for an EB1A self-petition should be written by experts in your field who can attest to your extraordinary ability. These could be professionals with whom you've worked closely, such as colleagues, professors, or supervisors, as well as renowned experts in your field who are familiar with your work. As an individual with an advanced degree, having letters from respected figures in your field of study can provide strong evidence of your extraordinary ability. Importantly, the authors of your recommendation letters should be able to provide specific examples of your contributions and their impact. They should also be capable of explaining why your work stands out and why you are considered one of the small percentage who has risen to the very top of the field of endeavor.
Date: 2024/09/12
SourceGuidelines for Updating Address with the United States Citizenship and Immigration Services (USCIS)
The text provides guidelines for updating one's address with the United States Citizenship and Immigration Services (USCIS). This is particularly important for noncitizens who must report a change of address within 10 days of moving. The address change can be done online through a USCIS account, which is the recommended method since it ensures immediate processing and continuity of case processing. Changing one's address with the U.S. Postal Service does not update it with USCIS and mail will not be forwarded. If one doesn't have online access, they can mail a Form AR-11 to fulfill the legal requirement. There are also specific procedures for certain populations, such as those with pending or approved adoption applications, attorneys, civil surgeons, and beneficiaries of approved petitions residing outside the U.S.
Date: 2024/09/04
SourceUSCIS Conducts Second Lottery for H-1B Visa Applicants for Fiscal Year 2025
The United States Citizenship and Immigration Services (USCIS) conducted an additional lottery for H-1B visa applicants for fiscal year 2025 on July 30, after an initial lottery earlier in the year. The second lottery was only for those who were unsuccessful in the first round. The USCIS did not hold a second lottery for the master's degree cap as it had already filled the 20,000 cap for FY 2025. The H-1B visa allows U.S. employers to temporarily employ foreign nationals in specialized fields. For FY 2025, USCIS received approximately 442,000 applications and selected 114,017 to meet the 85,000 limit.
Date: 2024/09/06
SourceDisclaimer: The summarized content on this webpage 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.