Self Petition News – 2023-11-15
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
- USCIS Clarifies Foreign Residency Requirement for J-1 Visa Holders
- December 2023 Visa Bulletin Released by U.S. Department of State: Minor Changes Noted
- Choosing Between Consular Processing and Adjustment of Status for Green Card Application: A Comparative Analysis
- What is the EB1A green card?
- What is the difference between a national interest waiver and a labor certification?
- The Benefits and Regulations of Hiring International Students in the U.S.
USCIS Clarifies Foreign Residency Requirement for J-1 Visa Holders
On October 24, 2023, the U.S. Citizenship and Immigration Services (USCIS) clarified the two-year foreign residency requirement for J-1 visa holders. The J-1 visa is a nonimmigrant status for exchange visitors in the U.S. The updated policy provides guidance on how USCIS determines if the foreign residency requirement has been met, and in certain cases, if it can be waived. Evidence such as passport stamps, travel receipts, and employment records can be used to prove the requirement has been met. The requirement can be waived in cases where it is impossible for the individual to meet it due to circumstances such as war or civil unrest in their home country. The policy also clarifies exceptions for foreign medical graduates who can apply for a waiver through a state or federal agency.
Date: 2023/11/13
December 2023 Visa Bulletin Released by U.S. Department of State: Minor Changes Noted
The U.S. Department of State has released the December 2023 Visa Bulletin, with minimal changes from the previous month. The EB1 category remains unchanged, with cutoff dates for China and India still at February 15, 2022, and January 1, 2017, respectively. The EB2 category sees a slight change, with China’s cutoff date advancing to October 22, 2019. All other EB categories remain the same, with the exception of EB4 for certain religious workers, which is set to expire on November 17, 2023. EB5 remains current for all categories and countries. The next release of immigrant visa numbers is expected to bring some changes, as it marks the start of a new fiscal quarter.
Date: 2023/11/09
Choosing Between Consular Processing and Adjustment of Status for Green Card Application: A Comparative Analysis
In the process of obtaining a green card, applicants must decide between consular processing (CP) or adjustment of status (AOS). The choice often involves strategic considerations and eligibility restrictions. Over time, changes have made AOS more attractive, eliminating some benefits associated with CP. AOS provides applicants with benefits and safeguards not available with CP, such as the ability to apply for an employment authorization document and an advance parole travel document. However, CP may be the only option for individuals processing a green card case from abroad or those who have not maintained status in the US. It’s advised to consult an experienced immigration attorney to make this decision.
Date: 2023/11/09
What is the EB1A green card?
The EB1A green card is a special immigrant visa category for individuals who have extraordinary ability in the arts, sciences, education, business, or athletics. This type of visa allows these exceptionally talented individuals to live and work permanently in the United States. The EB1A category is particularly attractive because it is a first preference visa, meaning that it is given priority over other employment-based visas. This often results in faster processing times compared to other green card categories. In addition, EB1A applicants can self-petition, meaning they do not need a specific job offer or employer sponsorship to apply. Note that current processing times and priority dates for applicants can be found on the USCIS and the latest Visa Bulletin from the Department of State websites respectively.
Date: 2023/11/15
What is the difference between a national interest waiver and a labor certification?
A labor certification is a document that an employer must obtain to sponsor a foreign worker for a green card. The employer must demonstrate that there are no qualified U.S. workers available for the job and that the foreign worker’s employment will not adversely affect U.S. workers. On the other hand, a national interest waiver (NIW) is a type of green card application under the EB2 category where the applicant can bypass the labor certification process. The applicant must demonstrate that their work is of national interest to the U.S., and it is beneficial to waive the labor certification requirement. For individuals with an advanced degree, the NIW is particularly beneficial as it allows them to self-petition for a green card without an employer sponsor, providing more flexibility and independence in their career path.
Date: 2023/11/15
The Benefits and Regulations of Hiring International Students in the U.S.
Hiring international students can provide companies with fresh perspectives and new ideas. Most international students in the U.S. are on an F-1 visa, allowing them to take part in practical training related to their field of study. This can be a paid position while they continue their degrees or after graduation. To be eligible, they must have completed at least one academic year under the F-1 visa and maintain their status. One form of work authorization is Optional Practical Training (OPT), a temporary employment benefit. Employers can hire students on OPT without a sponsorship process, but must pay attention to the details of the Employment Authorization Document (EAD), which outlines the dates the individual can work in the U.S. under OPT status.
Date: 2023/11/11
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