Self Petition News – 2023-12-17
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 Hits H1B Cap Limit for Fiscal Year 2024
- January 2024 Visa Bulletin: Significant Movement in EB1 and EB2 Categories for India and China
- Understanding Financial Sponsorship Requirements in Family-Based Immigration Cases
- What is the National Interest Waiver (NIW)?
- How much evidence is enough?
- Maryland Reopens Conrad 30 Waiver Application for J-1 Physicians to Address Physician Shortage
- USCIS Proposes Significant Fee Increases for Immigration Processes Amid Pandemic Revenue Challenges
USCIS Hits H1B Cap Limit for Fiscal Year 2024
The U.S. Citizenship and Immigration Services (USCIS) has reached the H1B cap limit for fiscal year 2024 (FY24). This includes both the 65,000 regular H1B cap limit and the 20,000 advanced degree cap exemptions. To reach this annual limit, USCIS conducted two rounds of selections from the registrations submitted in March 2023. The registration period for the fiscal year 2025 lottery will commence in March 2024.
Date: 2023/12/13
January 2024 Visa Bulletin: Significant Movement in EB1 and EB2 Categories for India and China
The U.S. Department of State has released the January 2024 Visa Bulletin, showing significant movement in the employment-based, first preference (EB1) category. The cutoff date for EB1 India has moved to September 1, 2020, and for China to July 1, 2022. The EB1 category remains current for all other countries. The EB2 category cutoff date for India has advanced to March 1, 2012, and for China to January 1, 2020. For other countries, it is November 1, 2022. The EB3 cutoff dates have also moved forward. Additional visa numbers were made available due to January being the start of the second quarter of the fiscal year, allowing some cutoff dates to advance.
Date: 2023/12/11
Understanding Financial Sponsorship Requirements in Family-Based Immigration Cases
Family-based immigration cases often require the petitioner to serve as a financial sponsor for the immigrant, ensuring they will not require government support. This is typically demonstrated through the petitioner’s income, which must be at or above 125% of the federal poverty guideline level. If the petitioner’s income is insufficient, assets can be used to qualify as a sponsor. The petitioner must complete form I-864, which financially protects U.S. taxpayers, and contracts the petitioner to be financially liable if the sponsored family member collects certain public benefits. Assets used must be able to be converted into cash within a year, and proof of ownership and net cash value must be provided. If necessary, attorneys can provide case-specific advice on meeting these requirements.
Date: 2023/12/11
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: 2023/12/17
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: 2023/12/17
Maryland Reopens Conrad 30 Waiver Application for J-1 Physicians to Address Physician Shortage
The Maryland Department of Health (MDH) has reopened its application period for J-1 physicians who missed the Conrad 30 waiver application deadline on December 1. The waiver allows physicians who completed graduate medical education in J-1 status to provide medical services in Maryland, bypassing the two-year home residence requirement. The reopening comes after MDH received fewer than 30 applications before the original deadline. The state is now accepting applications until February 1, 2024, for both “flex” and “non-flex” spots, meaning J-1 physicians can work in both non-designated shortage areas and federally designated Health Professional Shortage Areas. The Conrad J-1 waiver application is crucial for employing foreign medical graduates in H-1B status, authorized by the USCIS, to address the physician shortage in Maryland.
Date: 2023/12/10
USCIS Proposes Significant Fee Increases for Immigration Processes Amid Pandemic Revenue Challenges
The US Citizenship and Immigration Services (USCIS) is considering a significant increase in fees across various immigration processes to address revenue challenges worsened by the pandemic. The proposal includes increases for H-1B visas, green card applications, and other immigration categories. Notable increases include a 2050% hike for the H-1B E-registration fee, a 70% increase for the H-1B visa application fee, and a 204% increase for initial I-526 petitions in the EB-5 investment-linked green card program. The USCIS justifies these increases as necessary to cover the full cost of agency operations and prevent future backlogs. The final rule is expected to be finalized by early 2024 and will be effective 60-90 days later.
Date: 2023/12/15
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