H1B, J1, F1, Visa News – 2023-12-13
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
- How much evidence is enough?
- U.S. Department of State Releases January 2024 Visa Bulletin with Significant Changes in EB1 Visa Category
- Understanding Financial Sponsorship in Family-Based Immigration Cases
- Recent Updates to Nonimmigrant Visa Processing at U.S. Consular Posts in India
- USCIS Plans to Increase Immigration Fees by 2050%, Affecting H-1B and Green Card Applications
- What is the National Interest Waiver (NIW)?
- Addressing Green Card Backlogs: The Role of Bipartisan Legislation in Reforming U.S. Immigration System
- Proposed Changes to H-1B Visa Program Raise Concerns Among Experts
How much evidence is enough?
There is no specific number or type of evidence that is considered enough for an EB1A green card application. Instead, the evidence should collectively demonstrate that the applicant has sustained national or international acclaim and is recognized as one of the top few percent in their field. For those who do not have a major international award, meeting at least three out of the ten specific criteria set by USCIS is required. It is important to carefully select and organize the evidence to clearly show the applicant’s extraordinary abilities and significant accomplishments in their field. In addition to the evidence, strong letters of recommendation from experts in the field who can attest to the applicant’s exceptional skills and contributions are essential.
Date: 2023/12/13
U.S. Department of State Releases January 2024 Visa Bulletin with Significant Changes in EB1 Visa Category
The U.S. Department of State has released the January 2024 Visa Bulletin, showing significant movement in the EB1 visa category and modest changes in other oversubscribed categories. The EB1 cutoff date for India has moved forward to September 1, 2020, and for China to July 1, 2022. The EB1 remains current for all other countries. The EB2 cutoff for India is now March 1, 2012, and for China, January 1, 2020. For other countries, it’s November 1, 2022. In the EB3 category, the cutoff for India is June 1, 2012, for China, September 1, 2020, and for all other countries, August 1, 2022. The EB4 cutoff for all countries is May 15, 2019. In the EB5 category, India’s cutoff is December 1, 2020, and China’s is December 8, 2015.
Date: 2023/12/11
Understanding Financial Sponsorship in Family-Based Immigration Cases
Family-based immigration cases often require the petitioner to serve as a financial sponsor for the immigrant, ensuring they won’t become a public charge. The petitioner’s annual income is usually used to satisfy this requirement, but if it’s insufficient, assets can be used. The petitioner must complete form I-864, which financially protects U.S. taxpayers by making the petitioner liable if the sponsored family member collects certain public benefits. The petitioner’s income must typically be 125% of the federal poverty guideline level. If the income doesn’t meet this, certain assets can be included on the I-864. These assets must be readily convertible into cash within a year, and proof of ownership and net cash value is required.
Date: 2023/12/11
Recent Updates to Nonimmigrant Visa Processing at U.S. Consular Posts in India
Two recent updates have been made to the processing of nonimmigrant visas at U.S. consular posts in India. The first update, effective from November 15, 2023, requires applicants who made corrections to their DS-160 form after scheduling an appointment to bring both the original and corrected DS-160 confirmation pages to their appointment. If unable to do so, they must reschedule. The second update, effective from November 27, 2023, requires all Indian citizens applying for F, M, or J visas to input their personal passport information when setting up a profile and scheduling a visa appointment. This change aims to maintain the integrity of the visa application system and prevent abuse.
Date: 2023/12/06
USCIS Plans to Increase Immigration Fees by 2050%, Affecting H-1B and Green Card Applications
The United States Citizenship and Immigration Services (USCIS) plans to increase immigration fees by 2050%, affecting H-1B and green card applications. The proposal was criticized by over 6000 individuals and organizations. The new rule is expected to be finalized by early next year. The changes aim to cover agency operation costs, an ongoing issue since 2016. The H-1B E-registration fee could increase from $10 to $215, and the petition fee for an H-1B visa application could rise by 70% from $460 to $780. Citizenship application fees could increase by 19% from $640 to $760. The most significant increase is proposed for EB-5 investors, with initial 526 petitions potentially surging by 204% to $11,160.
Date: 2023/12/13
What is the National Interest Waiver (NIW)?
The National Interest Waiver (NIW) is a provision under the EB2 employment-based immigration category that allows foreign nationals with exceptional ability or advanced degree holders to apply for a green card without a job offer or labor certification if it is in the interest of the United States. The NIW waives the requirement of a job offer and thus the labor certification process, which significantly expedites the green card process. To qualify, applicants must demonstrate that their proposed endeavor has both substantial merit and national importance, they are well positioned to advance the proposed endeavor, and it would be beneficial to the U.S to waive the job offer and labor certification requirements. For advanced degree holders, NIW is particularly beneficial as it recognizes the value of their expertise and contributions to fields like science, arts, business or education, and facilitates their permanent residency application process.
Date: 2023/12/13
Addressing Green Card Backlogs: The Role of Bipartisan Legislation in Reforming U.S. Immigration System
Per-country caps on green cards have created extensive backlogs, forcing immigrants, especially from India and China, to wait years or even decades to receive their green cards. This system restricts their ability to work and contribute, makes the U.S. less attractive to global talent, and hinders economic competitiveness. Bipartisan legislation, including the Equal Access to Green cards for Legal Employment (EAGLE) Act and the Immigration Visa Efficiency and Security (IVES) Act, aims to eliminate the per-country cap on employment-based green cards and raise the per-country cap for family-based green cards. These reforms, while not eliminating the backlog, are seen as an urgent and necessary first step towards making the immigration system more efficient and fair.
Date: 2023/12/06
Proposed Changes to H-1B Visa Program Raise Concerns Among Experts
The U.S. Citizenship and Immigration Services (USCIS) has proposed changes to the H-1B visa program for skilled workers, particularly altering the definition of a “specialty occupation”. The proposed rule allows for a position to require a range of academic degrees, as long as these are directly related to the role. However, the proposed rule also states that general degrees, such as business administration, are not sufficient to qualify for an H-1B position. Experts have expressed concerns about the potential for restrictive interpretations of these changes, and the impact on employers and foreign workers. There is also disagreement over whether the new regulations accurately reflect current practices.
Date: 2023/12/06
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