Green Card Self Petition

Proposed Changes to the H1B Program by U.S. Citizenship and Immigration Services

The U.S. Citizenship and Immigration Services (USCIS) will publish a notice of proposed rulemaking on October 23, 2023, that could significantly alter the H1B program. The proposed rule will codify existing rules and introduce significant changes. However, it’s currently just a proposal and the Department of Homeland Security is seeking input from all stakeholders. The public will have 60 days from the date of publication to provide input on the proposed changes. The USCIS will then consider these comments before deciding how to proceed. The proposed rule is over 200 pages long and has no immediate impact on U.S. immigration law. Updates will be posted on MurthyDotCom.

USCIS Introduces E-COA Self-Service Tool for Efficient Address Updates

On October 12, 2023, the U.S. Citizenship and Immigration Service (USCIS) introduced the Enterprise Change of Address (E-COA) self-service tool. This tool allows individuals to quickly and efficiently update their address with the USCIS, whether they have a pending application, petition, or request, or are required to notify the USCIS of a change in address. However, it is not currently available to applicants for Violence Against Women Act benefits, T nonimmigrant status, or U nonimmigrant status. The E-COA tool replaces the need to submit a change of address card, call the USCIS Contact Center, or visit a USCIS office. This tool is seen as a positive step towards modernizing the U.S. immigration process.

Understanding U.S. Export Control Laws: Implications for Foreign Workers in the Space Tech Industry

Sophie Alcorn, an immigration law specialist, discusses the implications of U.S. export control laws for foreign workers in the space tech industry. These laws regulate how technology and data are shared with foreign countries or individuals, including those on work visas. Alcorn advises that anyone in this situation should seek legal advice. She also mentions a recent fact sheet from the U.S. Department of Justice on complying with these laws, and a discussion with space law expert Chris Hearsey on the requirements for space tech startups. The market for commercial space technologies is growing, making it crucial for international founders to understand these regulations.

Understanding Export Control Laws for Foreign-Born Aerospace Entrepreneurs in the U.S.

Sophie Alcorn, an immigration law specialist, advises a J-1 visa holder in the aerospace industry about the need for an export control license if they wish to start a space tech startup. U.S. export control laws regulate how technology, software, and technical data are shared with foreign countries or foreign-born individuals, including those on valid work visas. Alcorn recommends familiarizing oneself with the U.S. Department of Justice’s fact sheet on complying with export control laws, and consulting with an expert attorney for personal legal advice. The commercial space technologies market is growing rapidly, and international founders should be aware of these requirements.

Additional Backlogs in US Green Card Quota System Announced by State and Homeland Security Departments

The US Departments of State and Homeland Security have announced additional backlogs in the Green Card quota system, affecting employers and foreign national employees. The Immigration Nationality Act authorizes the government to issue 675,000 Green Cards annually, divided into different categories. The Visa Bulletin, issued monthly, tracks the availability of green card eligibility in these categories. Recently, significant backlogs have been observed in the EB-1, EB-2 and EB-3 categories due to increased immigrant visa use. This has affected applicants who have undergone the PERM Process or National Interest Waiver process as concurrent filings are no longer possible. Employers and individuals are being advised to consider EB-1 petitions and to be proactive with employees on L-1 status.

To show that you have been recognized by organizations within your field, you would need to provide evidence of your achievements that have been acknowledged by these organizations. This could be in the form of awards, honors, or recognitions that you have received from reputable organizations in your field. For someone with an advanced degree, this recognition could have come during your academic career or post-graduation professional work, and it can significantly strengthen your EB1A application. Other evidence could include membership in associations that require outstanding achievements, letters of recommendation, or published material about you in professional publications. Remember, the key is to demonstrate that you have sustained national or international acclaim and that your achievements have been recognized by your peers in the field.

Proposed Changes to H1B Visa Process Could Impact India’s IT Industry

The US government has proposed several changes to the H1B visa process, which could have significant implications for India’s IT industry. The Department of Homeland Security aims to clarify eligibility requirements, benefit both employers and workers, enhance integrity measures, and improve programme efficiency. The changes aim to reduce misuse of the lottery system, which selects 65,000 people each year from a pool of applications. The proposed changes include a modification in the registration selection process to minimise potential fraud, offering applicants more flexibility in choosing valid job offers, streamlining the application and selection processes, and expanding the H1B cap for non-profit entities, governmental research organisations, and beneficiaries not directly employed by qualifying companies.

Proposed Changes to the H1B Visa Process Aim to Attract Global Talent and Prevent Fraud

The US Government is proposing changes to the H1B visa process, aimed at defining eligibility, aiding employees and workers, and strengthening integrity measures. The changes, still in the proposal stage, are intended to attract global talent, prevent fraud, and reduce the burden on employers. If implemented, applicants may not be able to submit multiple applications, and employees may be exempt from the H1B visa lottery system. The changes could also regulate employers to hire those with specializations rather than generic qualifications. These proposals, which will take at least six months or more to finalize and implement, are intended to streamline the application process.

DHS Proposes Regulations to Modernize and Improve H-1B Visa Program

The Department of Homeland Security (DHS) has proposed regulations to modernize and improve the H-1B visa program. The regulations aim to redefine “specialty occupation”, simplify cap exemptions, and confirm the authority of U.S. Citizenship and Immigration Services (USCIS) to conduct site visits. The changes also propose new requirements for petitioners, such as filing an amended petition for changes in worksite, and providing evidence of maintenance of status. The regulations also propose eliminating the itinerary requirement for H-1B petitions and allowing for more flexibility in petition start dates. The USCIS may also deny or revoke H-1B visas if an employer or third party fails to cooperate with an inspection. DHS is currently in the 60-day comment period before finalizing the provisions.

What happens if my job changes or I switch employers during the NIW process?

During the NIW (National Interest Waiver) process, changing jobs or employers is generally permissible because the EB2-NIW category is not employer-specific, but is based on the applicant’s qualifications and the proposed endeavor’s substantial merit and national importance. Your new job should be in the same or similar occupational classification as the job for which the NIW was filed. If the job change significantly deviates from the original proposal, it could potentially impact the NIW petition. Therefore, it’s advisable to consult with an immigration attorney before making major changes. For individuals with advanced degrees, the EB2-NIW category is beneficial as it recognizes the value of their specialized education and skills, and allows flexibility in employment without being tied to a specific employer.

Proposed Changes to H1B Visa Rules Could Impact India’s IT Services Industry

The US Department of Homeland Security and the US Citizenship and Immigration Services have proposed changes to the H1B visa rules, which could impact India’s $245 billion IT services industry. The proposed rules aim to streamline eligibility requirements, make the programme more efficient, provide more benefits and flexibility for employers and workers, and reinforce integrity measures. The changes would prevent misuse of the lottery system that selects 65,000 people every year for the non-immigrant work visa. The new rules would ensure that each individual is entered into the selection process only once, regardless of the number of registrations submitted for them, reducing the potential for misuse and fraud.

US Department of Homeland Security Proposes Changes to H-1B Visa Program to Improve Efficiency and Prevent Fraud

The US Department of Homeland Security (DHS) has proposed changes to the H-1B temporary work visa program. The new rules, published by the US Citizenship and Immigration Services (USCIS), aim to streamline eligibility requirements, improve efficiency, provide more benefits for employers and workers, and strengthen integrity measures. The Biden-Harris Administration’s goal is to attract global talent, ease burdens on employers, and prevent fraud and abuse in the immigration system. The new proposal would change how the H-1B registration selection process is conducted to reduce misuse and fraud. The changes also clarify that a position may require a range of degrees, but there must be a direct relationship between the degree field and the job’s duties. Other proposed changes include extending certain flexibilities for students on an F-1 visa and establishing new H-1B eligibility requirements for rising entrepreneurs.