Self Petition News – 2023-11-21
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
- President Biden Issues Executive Order to Boost Immigration Opportunities for AI Experts
- Can I apply for an NIW as an entrepreneur or business owner?
- New USCIS Guidance on Two-Year Foreign Residency Requirement for J-1 Visa Holders
- What are the requirements for an EB1A green card?
President Biden Issues Executive Order to Boost Immigration Opportunities for AI Experts
On October 30, 2023, President Biden issued an executive order on artificial intelligence (AI), calling for expanded immigration opportunities for foreign nationals with expertise in AI or other critical technologies. The order directs relevant U.S. agencies to facilitate the immigration process for AI experts, including improving visa processing times, ensuring sufficient visa appointments, and easing the transition from nonimmigrant to permanent resident status. It also suggests updates to visa programs and the Schedule A list of occupations to include AI and other STEM-related roles. The order calls for increased education and outreach efforts for foreign AI talent and directs the Secretary of State and Homeland Security to support and attract foreign AI experts.
Date: 2023/11/15
Can I apply for an NIW as an entrepreneur or business owner?
Yes, you can apply for a National Interest Waiver (NIW) as an entrepreneur or business owner. The U.S. Citizenship and Immigration Services (USCIS) acknowledges that entrepreneurs can serve the national interest. To qualify, you must demonstrate that your business has substantial potential for job creation and will significantly contribute to the U.S. economy. You must also show that you will be playing an active and central role in the business. The USCIS will consider your past record of achievements and the significance of your contributions. Having an advanced degree can strengthen your case by demonstrating your expertise in your field. However, it’s important to note that the NIW process is complex and subjective, so it’s advisable to consult with an immigration attorney.
Date: 2023/11/21
New USCIS Guidance on Two-Year Foreign Residency Requirement for J-1 Visa Holders
The U.S. Citizenship and Immigration Services (USCIS) issued new guidance on October 24, 2023, clarifying the two-year foreign residency requirement for certain J-1 visa holders. The J-1 visa is a nonimmigrant status for exchange visitors to the U.S., and certain holders must reside in their home country for at least two years before being eligible for an immigrant visa or nonimmigrant H or L status. USCIS determines whether the requirement has been met using a preponderance of evidence standard. Circumstances such as war, civil unrest, or political changes can result in a waiver of this requirement. Additionally, foreign medical graduates may apply for a waiver through a state or federal agency interested in their employment in a medically underserved area. The guidance also outlines three exceptions to this waiver requirement.
Date: 2023/11/13
What are the requirements for an EB1A green card?
To qualify for an EB1A green card, an individual must demonstrate extraordinary ability in their field through sustained national or international acclaim. This means they must show that they are among the top few percent of experts in their field. This can be done by providing evidence of a major international award (such as a Nobel Prize) or by meeting at least three out of ten specific criteria outlined by the United States Citizenship and Immigration Services (USCIS). You can see details of the latest criteria from USCIS website. These criteria include receiving lesser-known national or international awards, membership in associations that demand outstanding achievement, published material about the applicant, and serving as a judge of others in the field, among others. In short, the requirements are: 1. You must have extraordinary ability in one of the following fields: arts, sciences, education, business, or athletics. 2. Your extraordinary ability must be demonstrated by sustained national or international acclaim. 3. You must be entering the United States to continue working in your field of extraordinary ability.
Date: 2023/11/21
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