Self Petition News – 2023-11-08
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
- Understanding Immigration Regulations for International Cruises
- Is premium processing available for NIW petitions?
- Immigration Attorney Discusses Biden’s Executive Order on AI and Suggested Strategies for Attracting Global AI Talent
- USCIS Issues New Policy Guidance on J-1 and L-1 Visas; DHS Proposes Rule to Modernize H-1B
- Consolidated Immigration Statistics: An Overview of the Center’s Data Portal
- Proposed Modernization of H-1B Program to Benefit International Students and Employers
- Biden Administration Proposes Changes to H-1B Foreign Workers Program
- Supreme Court Declines Review of STEM OPT Expansion Case, Upholding 36-Month Training for International Students
- What if I am not sure if I qualify for EB1A?
Understanding Immigration Regulations for International Cruises
Foreign nationals need to be aware of the immigration regulations related to international cruises, just like air travel. Depending on the individual’s immigration status, they may require certain travel documents to enter the US. Nonimmigrants typically need a valid visa, while those with a pending form I-485 need an advance parole document or valid nonimmigrant visa. International cruises are classified as either closed-loop or open-loop for travel document purposes. Nonimmigrants must show valid passports and other appropriate travel documents to reenter the US, regardless of the type of cruise. Those entering under the Visa Waiver Program can use their I-94W for reentry, given certain conditions. They must also receive Electronic System for Travel Authorization approval before boarding.
Date: 2023/11/06
Is premium processing available for NIW petitions?
No, premium processing is not available for EB2-NIW (National Interest Waiver) petitions. Premium processing is a service provided by USCIS that expedites the processing of certain employment-based visa petitions. However, as of now, USCIS does not offer this service for EB2-NIW petitions. This means that the processing times for these petitions can vary and may take several months. For individuals with advanced degrees, this might mean a longer wait time for their green card application to be processed. However, having an advanced degree can potentially strengthen the case for a National Interest Waiver, as demonstrating exceptional ability and benefit to the U.S. is key in a successful NIW petition.
Date: 2023/11/08
Immigration Attorney Discusses Biden’s Executive Order on AI and Suggested Strategies for Attracting Global AI Talent
Sophie Alcorn, an immigration attorney, discusses President Biden’s recent executive order on artificial intelligence (AI). The order aims to create a federal approach to AI development and use, and includes efforts to attract global AI talent to the US. Alcorn suggests that an effective way to achieve this would be to increase the number of H-1B visas and employment-based green cards for individuals in the AI field. However, she notes that this would require congressional action. Instead, the administration is improving the immigration process through executive action to meet national security goals and maintain global AI leadership. The order includes measures to improve immigration for top AI talent, such as making certain visas and green cards easier to obtain, expanding visa renewals, and creating new recruitment programs.
Date: 2023/11/02
USCIS Issues New Policy Guidance on J-1 and L-1 Visas; DHS Proposes Rule to Modernize H-1B
The US Citizenship and Immigration Services (USCIS) has issued new policy guidance on J-1 and L-1 visa categories. The update clarifies the two-year foreign residence requirement for J-1 visas, which are for exchange visitors, and the evidence needed to show compliance. It also clarifies that a sole proprietorship cannot submit a petition on behalf of its owner, distinguishing it from self-incorporated petitioners. The Department of Homeland Security (DHS) has proposed a rule to modernize the H-1B specialty occupation worker program by streamlining eligibility requirements, improving efficiency, and strengthening integrity measures. The proposed rule aims to reduce misuse and fraud in the H-1B registration selection process by limiting the number of registrations per individual.
Date: 2023/11/02
Consolidated Immigration Statistics: An Overview of the Center’s Data Portal
The Center’s Data Portal consolidates the most recent immigration statistics from various government agencies into one location. This includes annual jail surveys, demographic characteristics of federally sentenced offenders, inmate citizenship, annual estimates of the resident population, characteristics of native and foreign-born populations, and asylum statistics. The data also covers all USCIS application and petition form types, alien relative petitions, approved H-1B petitions, characteristics of H-2B non-agricultural temporary workers, credible fear and reasonable fear statistics, and data on DACA. The portal provides a comprehensive collection of immigration statistics, including naturalizations, refugee claims, temporary and permanent admissions, and enforcement and removal operations.
Date: 2023/11/02
Proposed Modernization of H-1B Program to Benefit International Students and Employers
The US Department of Homeland Security (DHS) and the US Citizenship and Immigration Services (USCIS) have proposed rules to modernize the H-1B program, which could benefit international students on an F-1 visa. The changes aim to simplify eligibility criteria, improve program efficiency, provide increased benefits and flexibilities for employers and employees, and strengthen measures for program integrity. The H-1B program allows US employers to hire skilled employees to meet business demands. The new rules would also change the H-1B registration selection process to reduce misuse and fraud. The proposals include an extended “cap-gap protection period,” giving students an extra six months of legal status and employment authorization.
Date: 2023/11/02
Biden Administration Proposes Changes to H-1B Foreign Workers Program
The Biden administration is proposing changes to the H-1B foreign workers programme to streamline eligibility, provide flexibility to F-1 students and entrepreneurs, and improve conditions for non-immigrant workers. The rules, to be published by the US Citizenship and Immigration Services on October 23, will not change the annual limit of 60,000 visas. The changes aim to reduce misuse and fraud in the H-1B registration process, clarify the criteria for specialty occupation positions, and expand certain exemptions to the H-1B cap. The Department of Homeland Security will also extend flexibility for F-1 visa students seeking to change their status to H-1B and establish new H-1B eligibility requirements for rising entrepreneurs.
Date: 2023/11/02
Supreme Court Declines Review of STEM OPT Expansion Case, Upholding 36-Month Training for International Students
The U.S. Supreme Court has decided not to review a case regarding the expansion of Optional Practical Training (OPT) for international students in STEM fields from 12 to 36 months. The decision is seen as a victory for universities, employers, and international students. Several court decisions had previously found that the Department of Homeland Security had the authority to expand STEM OPT to 36 months. This additional time allows employers a better chance to secure an H-1B petition for students. The decision also provides some certainty for the Biden administration’s 2022 STEM immigration initiatives. The ruling was also cited in a separate case allowing spouses of H-1B visa holders to work.
Date: 2023/11/02
What if I am not sure if I qualify for EB1A?
If you’re unsure about qualifying for EB1A, you can try the suggestion on the self-assessment page of our website or you should consult with an immigration attorney who specializes in EB1A petitions. Having an advanced degree can contribute to your eligibility, but it’s not the only factor considered. USCIS considers various elements such as awards, media coverage, judge work, scholarly articles, original contributions, and more. It’s crucial to demonstrate that you’ve sustained national or international acclaim and your achievements have been recognized in your field of expertise.
Date: 2023/11/08
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.