Self Petition News – 2023-10-19
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
- Can I apply for an NIW if I have a pending H-1B or other visa status?
- Understanding U.S. Export Control Laws: An Insight for Foreign-Born Workers and International Founders
- Understanding U.S. Export Control Laws: Crucial Advice for Foreign-born Aerospace Workers on J-1 Research Visas
- What if I have significant contributions to my field but no major awards?
- Further Backlogs in Green Card Quota System Announced by US DOS and DHS: Impact on Employers and Foreign National Employees
- USCIS Launches Self-Service Tool for Address Changes to Modernize Immigration Process
- USCIS Extends Validity Period for Certain Employment Authorization Documents to Five Years
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: 2023/10/19
Understanding U.S. Export Control Laws: An Insight for Foreign-Born Workers and International Founders
Sophie Alcorn, a certified specialist attorney in Immigration and Nationality Law, discusses the complexities of U.S. export control laws for foreign-born individuals working in the U.S. on valid work visas. These laws govern how technology, software, technical data, and other materials are physically or electronically exported or shared with foreign countries or individuals. The U.S. Department of Justice recently released an employer fact sheet on complying with these laws. Alcorn advises international founders, particularly in the rapidly growing commercial space technologies sector, to be aware of these requirements. She also suggests consulting with an expert attorney for personal legal advice.
Date: 2023/10/19
Understanding U.S. Export Control Laws: Crucial Advice for Foreign-born Aerospace Workers on J-1 Research Visas
Sophie Alcorn, an award-winning immigration attorney, advises that foreign-born individuals working in the U.S. aerospace industry on a J-1 research visa need to be aware of U.S. export control laws if they wish to start their own space tech startup. These laws regulate how technology, software, and technical data are exported or shared with foreign countries or individuals. The recent increase in the commercial space technologies market makes it crucial for international founders to understand these requirements. Alcorn recommends consulting an expert attorney for personal legal advice.
Date: 2023/10/19
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: 2023/10/19
Further Backlogs in Green Card Quota System Announced by US DOS and DHS: Impact on Employers and Foreign National Employees
The US Department of State (DOS) and Department of Homeland Security (DHS) have announced further backlogs in the Green Card quota system, leading to changes in strategy for employers and their foreign national employees. The Immigration Nationality Act allows for 675,000 Green Cards to be issued annually, with specific quotas for family preference, employment-based immigrants, and Diversity Visa lottery winners. However, recent backlogs have affected the EB-1, EB-2, and EB-3 categories, particularly impacting those subject to the Worldwide Quota who have undergone the PERM Process or National Interest Waiver process. Employers and individuals may now consider EB-1 petitions, while those in L-1A and L-1B status face a precarious situation with limited authorized stay in the US.
Date: 2023/10/18
USCIS Launches Self-Service Tool for Address Changes to Modernize Immigration Process
The U.S. Citizenship and Immigration Service (USCIS) launched the Enterprise Change of Address (E-COA) self-service tool on October 12, 2023. The tool allows individuals with a pending application, petition, or request with the USCIS, and noncitizens required to notify the USCIS of a change in address within 10 days, to update their address details efficiently. The E-COA tool is not available for applicants for Violence Against Women Act (VAWA) benefits, T nonimmigrant status, or U nonimmigrant status during the initial phase. It replaces the need for an individual to submit an alien’s change of address card (form AR-11), call the USCIS Contact Center, or visit a USCIS field or asylum office. The tool is seen as a positive step towards modernizing the U.S. immigration process.
Date: 2023/10/19
USCIS Extends Validity Period for Certain Employment Authorization Documents to Five Years
The U.S. Citizenship and Immigration Services (USCIS) has increased the maximum validity period of certain categories of employment authorization documents (EADs) from one or two years to five years. This change is expected to reduce burdens on applicants and help alleviate USCIS backlogs. However, H-4 EADs are not included in this extension and will continue to be limited in duration to the applicant’s H-4 status. USCIS expects that the reduction in the number of EAD renewal applications will help reduce backlogs and processing times.
Date: 2023/10/16
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.