Self Petition News – 2023-10-05
Welcome to the weekly news summary related to green card self-petition. This news page tries to capture immigration news that is relevant to self-petition applicants. It tries to gather broad immigration topics that may be of interest to self-petition EB1A, and EB2-NIW applicants. Hope you enjoy the news. All news sources are acknowledged. If you need additional details follow the source link.
News Articles
- Impact of Potential US Government Shutdown on Immigration Services
- Potential Government Shutdown Threatens US Immigration Services
- How does the EB1A application process differ for athletes versus scientists?
- USCIS Clarifies Evaluation of Evidence for EB1 Immigrant Subcategories in Updated Policy Manual
- Can I include my family members in my NIW green card application?
- USCIS to Abolish $85 Biometrics Service Fee for I-539 Applicants Starting October 2023
Impact of Potential US Government Shutdown on Immigration Services
A potential US government shutdown could affect immigration-related services, despite the fact that these are mainly funded by fees and not congressional appropriations. Past shutdowns have resulted in significant delays, with the US Citizenship and Immigration Services (USCIS) citing such delays as excusable. The shutdown could impact services like H-1B extensions, with only “essential” federal employees working during this period. The Department of Work, which processes applications for H-1B, E-3, and H-1B1 work conditions, will close, and the Office of Foreign Labour Certification will cease processing prevailing wage and PERM labor certification. Also, Immigration and Customs Enforcement (ICE) will continue enforcement and removal actions, while Immigration court cases on the detained docket will continue as planned.
Date: 2023/09/27
Potential Government Shutdown Threatens US Immigration Services
The US is on the brink of a government shutdown that could disrupt various immigration services. Although the US Citizenship and Immigration Services (USCIS) is funded by fees, some services could be affected. These include the US labor department’s processing of H-1B, E-3, and H-1B1 visas, and the processing of prevailing wage, PERM labor certification, and other operations of the Office of Foreign Labor Certification. Visa and passport operations through the state department may also be impacted, along with the Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program. The shutdown could also affect immigration court cases and the operations of the Citizenship and Immigration Services Ombudsman.
Date: 2023/09/27
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: 2023/10/05
USCIS Clarifies Evaluation of Evidence for EB1 Immigrant Subcategories in Updated Policy Manual
On September 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) clarified how it evaluates evidence for EB1 immigrant subcategories for individuals of extraordinary ability. The update offers guidance on the type of evidence required and explains how it is weighted. It also provides detailed instructions in its Policy Manual to help petitioners present stronger EB1 filings. The guidance includes specific examples of evidence and comparable evidence, particularly for the science, technology, engineering, or mathematics (STEM) fields. The update does not represent a major shift in qualifications for EB1 categories but offers more clarity on how USCIS officers are expected to review these cases, facilitating stronger filings and minimizing inconsistent decision-making.
Date: 2023/10/04
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: 2023/10/05
USCIS to Abolish $85 Biometrics Service Fee for I-539 Applicants Starting October 2023
Starting October 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) will no longer require I-539 applicants to pay the $85 biometrics service fee. The exemption will apply indefinitely. The biometrics requirement, implemented in 2019, led to significant delays and added costs, resulting in lawsuits against the USCIS. A settlement agreement temporarily suspended the biometrics requirement for certain dependents, but from October 1, 2023, all I-539 applicants will be exempt. USCIS may occasionally still require biometrics from an applicant, but no fee will be charged. This policy change is expected to be a welcome relief for applicants.
Date: 2023/09/28
Disclaimer: 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. Always consult the original source links for comprehensive information. This website assumes no liability for any errors.