Self Petition News – 2023-10-28
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 concurrent I-140 and I-485 filings under NIW?
- Impact of Pandemic and Tech Industry Shifts on EB-1 and EB-2 Green Card Categories: Insights from ‘Ask Sophie’ Column
- New USCIS Policy Guidance for Physicians Seeking National Interest Waiver of Job Offer Requirement
- Understanding Green Card Categories and Wait Times for Indian and Chinese Immigrants in Tech Sector: An ‘Ask Sophie’ Column Overview
- Impact of Potential US Government Shutdown on Immigration Services
- Potential US Government Shutdown Could Disrupt Immigration Services
- Understanding Cloudflare’s Security Measures and User Blocking Procedures
- Potential Government Shutdown Could Impact Immigration Processing in 2023
- Potential US Government Shutdown: Impact on Immigration and Visa Programs
- Potential Government Shutdown and its Impact on Immigration Services; Updates on Work Permit Policies in Denmark, Switzerland, and Canada
- USCIS to Eliminate Biometrics Service Fee for I-539 Applicants Starting October 2023
- What if my work has commercial or critical success?
- Urgent Call for Congress to Pass Spending Bill to Avoid Government Shutdown in 2023
- U.S. Department of State Announces Expiration Date for Visa Fee Receipts Issued Before October 2022
Can I apply for concurrent I-140 and I-485 filings under NIW?
Yes, you can apply for concurrent I-140 (Immigrant Petition for Alien Workers) and I-485 (Application to Register Permanent Residence or Adjust Status) filings under the EB2-NIW (National Interest Waiver) category. This process is known as “concurrent filing” and it can potentially expedite the green card process. However, it’s essential to remember that the I-140 must be approved for the I-485 to be approved. If the I-140 is denied, the I-485 will also be denied. For someone with an advanced degree, the NIW category can be beneficial because it waives the requirement of a job offer and labor certification, allowing you to self-petition. This means that you can apply for a green card based on your qualifications, skills, and the benefit your work brings to the U.S. without needing an employer to sponsor your application.
Date: 2023/09/28
Impact of Pandemic and Tech Industry Shifts on EB-1 and EB-2 Green Card Categories: Insights from ‘Ask Sophie’ Column
“Ask Sophie” is an advice column that provides answers to immigration-related questions about working in the tech industry. In a recent column, Sophie Alcorn, a Silicon Valley immigration attorney, discussed how the pandemic, the Great Resignation, and tech layoffs have impacted the EB-2 and EB-1 green card categories. Annually, at least 140,000 employment-based green cards are available. Each employment-based category has a minimum allocation and a per-country cap of 7%. Individuals born in India and China often face longer waits due to high demand. The EB-2 category for individuals born in India has had a consistent cutoff date since July 2007. In 2023, the cutoff date for those born in India was January 1, 2011. The projected wait time for an EB-2 green card for individuals born in India peaked at 221 years due to the pandemic-related shutdowns in 2020.
Date: 2023/09/25
New USCIS Policy Guidance for Physicians Seeking National Interest Waiver of Job Offer Requirement
The U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance for physicians seeking a national interest waiver of the job offer requirement. This applies to physicians who have worked or agreed to work full-time in areas with a shortage of health care professionals or at a health care facility under the U.S. Department of Veterans Affairs. The job offer and permanent labor certification requirements may be waived for these physicians. The guidance applies only in cases where the physician has not yet started working. The six-month requirement does not apply to work the physician has already started or completed before the petition filing date.
Date: 2023/09/25
Understanding Green Card Categories and Wait Times for Indian and Chinese Immigrants in Tech Sector: An ‘Ask Sophie’ Column Overview
The “Ask Sophie” column, which addresses immigration-related queries about working in tech companies, discusses the EB-2 and EB-1 green card categories for immigrants born in India and China. Every fiscal year, at least 140,000 employment-based green cards are allocated, with each category having a minimum allocation. Each category also has a 7% per-country cap, disadvantaging those from India and China due to the high demand. Unused EB-4 or EB-5 green cards are moved to the EB-1 category, and unused EB-1 cards go to the EB-2 category. The EB-2 category has had a cutoff date since 2007 due to insufficient numbers. The projected EB-2 wait time for individuals from India was 106 years in 2018, lower than the Cato Institute’s 151-year estimate. The wait time peaked at 221 years due to the pandemic-induced shutdown of in-person services.
Date: 2023/09/25
Impact of Potential US Government Shutdown on Immigration Services
A potential US government shutdown could significantly disrupt immigration-related services. Even though US Citizenship and Immigration Services (USCIS) are supported by stakeholder fees and not reliant on congressional appropriations, past shutdowns have caused notable delays. During a partial shutdown, only “essential” federal employees will work, while others are placed on leave. This could affect the processing of work condition applications by the US Department of Work, which will close, and the Department of Labour’s Office of Foreign Labour Certification will stop processing various activities. Consular availability and processing may also be impacted. Immigration and Customs Enforcement (ICE) will continue enforcement and removal actions, and immigration court cases will be affected depending on their status. The Department of Homeland Security’s Office of the CIS Ombudsman would also cease operations.
Date: 2023/09/27
Potential US Government Shutdown Could Disrupt Immigration Services
The US is facing a potential government shutdown that could disrupt various immigration services. The US Citizenship and Immigration Services (USCIS) is largely funded by fees, but some services could still be affected. In previous shutdowns, delays were deemed excusable by USCIS. Services potentially affected include the processing of H-1B, E-3, and H-1B1 visas by the US labor department, visa and passport operations through the state department, and the Student and Exchange Visitor Program through Immigration and Customs Enforcement (ICE). During a funding lapse, immigration court cases on detained dockets will proceed, but those on nondetained dockets will be rescheduled. The DHS Office of the CIS Ombudsman would also close.
Date: 2023/09/27
Understanding Cloudflare’s Security Measures and User Blocking Procedures
The website uses a security service to guard against online attacks. The user’s recent action activated this security feature, which could have been prompted by various activities such as entering a specific word or phrase, a SQL command, or malformed data. Users who find themselves blocked can contact the site owner, providing details of their activity when the block occurred and the Cloudflare Ray ID located at the page’s end. The user’s IP address is also displayed. Cloudflare is responsible for the site’s performance and security.
Date: 2023/09/25
Potential Government Shutdown Could Impact Immigration Processing in 2023
A potential federal government shutdown on October 1st, 2023, due to disagreements over spending cuts and the budget in Congress, could significantly slow immigration processing. Agencies like the U.S. Citizenship and Immigration Services, which are fee-funded, would continue operations, but programs that receive appropriated funds could be impacted. Consular operations could be affected if fees are insufficient to support operations, and border offices will continue to operate but with some services affected. Immigration court cases could also be delayed, and the Department of Homeland Security Office of the USCIS Ombudsman would close. The shutdown could result in delays in the processing of H1-B visa applications and employment green card processing, impacting thousands of families awaiting the conclusion of their immigration cases.
Date: 2023/09/25
Potential US Government Shutdown: Impact on Immigration and Visa Programs
A potential federal government shutdown in the US could impact some immigration and visa programs, especially those that rely on congressional appropriations for funding. The greatest impact will be on US Department of Labor (DOL) programs for permanent labor certification and H-1B, E-3, H-1B1, and H-2B matters. However, US Citizenship and Immigration Services (USCIS) is largely funded by fees, so it typically continues operating during a shutdown, with exceptions like the E-Verify, EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 doctors, and non-minister religious workers programs. Visa and passport operations are fee-funded and not expected to be significantly impacted. However, the processing of labor condition applications for H-1B, E-3, and H-1B1 petitions will be shut down. Immigration and Customs Enforcement (ICE) enforcement and removal operations will continue.
Date: 2023/09/25
Potential Government Shutdown and its Impact on Immigration Services; Updates on Work Permit Policies in Denmark, Switzerland, and Canada
A potential partial government shutdown could occur at midnight on October 1st if Congress fails to agree on an appropriations bill or short-term spending measure. This could significantly impact immigration services, particularly those provided by the Department of Labor. While many immigration services are funded by filing fees and may not be directly affected, some could come to a halt. Employers are advised to submit time-sensitive Department of Labor filings before September 30th. Danish immigration authorities have released new rules updating the work permit exemption policy for employees within affiliated companies. The Swiss government has set unchanged work permit quotas for 2024. Canadian officials have announced a dedicated humanitarian pathway for permanent residence for Colombian, Haitian, and Venezuelan foreigners.
Date: 2023/09/25
USCIS to Eliminate 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 a $85 biometrics service fee from all I-539 applicants. This policy change comes after the biometrics requirement, implemented in 2019, caused significant delays in processing applications and led to numerous lawsuits against the USCIS. The indefinite exemption of the biometrics fee will replace the temporary suspension of the biometrics requirement for certain dependents, which ends on September 30, 2023. Although the USCIS may still occasionally require I-539 applicants to undergo biometrics, they will not have to pay a service fee.
Date: 2023/09/28
What if my work has commercial or critical success?
Commercial or critical success of your work can significantly strengthen your EB1A green card self-petition. For advanced degree holders, this can be particularly beneficial as it validates the significance and impact of your work in your field. USCIS may consider commercial success as a form of “sustained national or international acclaim”, one of the key criteria for EB1A eligibility. You would need to provide substantial evidence of this success, such as sales figures, profits, or other financial data. Critical success can be demonstrated by positive reviews, awards, or other recognitions from reputable sources. Remember, the more compelling the evidence, the stronger your case will be. It’s also important to note that while commercial or critical success can help, it is only one factor among many that USCIS considers in EB1A petitions.
Date: 2023/09/28
Urgent Call for Congress to Pass Spending Bill to Avoid Government Shutdown in 2023
Congress must pass a spending bill by October 1, 2023, to avoid a government shutdown, the first under the Biden Administration. The government is currently funded by an appropriations bill passed at the end of 2022. If a full spending bill or continuing resolution is not passed and signed by the President, a shutdown will occur. However, agencies responsible for national security and other vital functions remain operational during a shutdown. Fee-based services such as the U.S. Citizenship and Immigration Services and the U.S. Department of State also continue to operate. However, the U.S. Department of Labor, responsible for approving LCAs and the labor certification process, would largely be shuttered. Most government shutdowns are resolved quickly, with the longest in U.S. history lasting 35 days.
Date: 2023/09/25
U.S. Department of State Announces Expiration Date for Visa Fee Receipts Issued Before October 2022
The U.S. Department of State (DOS) has reminded visa applicants that all machine-readable visa fee receipts issued before October 1, 2022, will expire on September 30, 2023. If action is not taken before this date, the fee will be forfeited. To avoid this, applicants must schedule a visa interview or submit an interview waiver application before September 30, 2023. The interview can be scheduled for after this date, but the appointment date should not be changed on or after October 1, 2023, to avoid losing the visa fee receipt and having to pay a new fee. This comes due to significant backlogs in consular processes during the COVID-19 pandemic.
Date: 2023/09/20
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.