Self Petition News – 2023-12-24
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
- Do I need a job offer to apply for EB1A?
- Understanding the PERM Labor Certification Process in Cases of Business Acquisition, Merger, or Ownership Change
- The Benefits and Process of Hiring International Students in the U.S.
- USCIS Updates Policy Guidance for F and M Student Visas to Increase Transparency and Reduce Confusion
- How do I qualify for an NIW?
- Major Changes in U.S. Visa Policies in 2023: Impacts on H-1B, EB-5, and Student Visas
- Major Changes to U.S. Visa Policies in 2023: Impacts on H-1B, EB-5, and Student Visas
Do I need a job offer to apply for EB1A?
No, one of the unique advantages of the EB1A green card is that you do not require a job offer or employer sponsorship to apply. This feature significantly broadens the scope of eligible candidates, allowing a diverse range of extraordinary talents to pursue their professional endeavors in the United States without the need for a pre-existing employment arrangement. If you hold a PhD or an advanced degree such as BS or MS, you are highly likely to meet some of the criteria needed to prove EB1A. While PhD is not a requirement, having one makes it easier to meet the criteria and to have success in the application process.
Date: 2023/12/24
Understanding the PERM Labor Certification Process in Cases of Business Acquisition, Merger, or Ownership Change
The PERM labor certification process can be lengthy and complicated, particularly when a company is acquired, merges, changes corporate structure, or changes ownership. In these cases, the new entity may qualify as a successor-in-interest and assume the approved labor certifications of the predecessor. This requires demonstrating that the job opportunity, eligibility elements, and successor qualifications match those of the predecessor. However, if the position becomes inactive during the merger or acquisition, a new labor certification must be filed. The successor must also provide evidence of the merger or transfer and assumption of ownership. Successfully demonstrating a successor-in-interest relationship can save time and expense in the PERM process.
Date: 2023/12/18
The Benefits and Process of Hiring International Students in the U.S.
Hiring international students can bring fresh perspectives to U.S. companies and provide students with professional networking opportunities. Most international students are on an F-1 visa, which allows them to participate in practical training related to their field of study. This allows students to take paid positions while studying or after graduating. To be eligible, students must have completed at least one academic year under F-1 visa status and maintain this status. The Optional Practical Training (OPT) is a common type of work authorization for F-1 students. Employers do not need to sponsor students on OPT, they just need to extend an employment offer once the student has received their Employment Authorization Document (EAD).
Date: 2023/12/21
USCIS Updates Policy Guidance for F and M Student Visas to Increase Transparency and Reduce Confusion
The U.S. Citizenship and Immigration Services (USCIS) has updated its policy guidance for F and M student visas. The aim is to reduce confusion and increase transparency for students and businesses. The updated policy consolidates various rules into one clear document, including clarifications on maintaining foreign residence while pursuing permanent residency, and new options for F-1 STEM students to work with startups during their Optional Practical Training (OPT) extensions. The policy emphasizes that students must maintain a foreign residence and not intend to abandon their home country permanently, but also allows them to apply for permanent residency through green cards in the U.S. For F-1 STEM students, the policy offers an extension of OPT for employment opportunities with startup companies.
Date: 2023/12/21
How do I qualify for an NIW?
To qualify for a National Interest Waiver (NIW) under the EB2 category, you must hold an advanced degree or possess exceptional ability in your field. The U.S. Citizenship and Immigration Services (USCIS) requires evidence that your proposed endeavor has both substantial merit and national importance, you 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. The merit of your endeavor could be in a range of areas like science, arts, business, or education. Your advanced degree can help establish your exceptional ability and your potential to contribute significantly to your field. However, USCIS assesses each case individually, taking into account the nature of the endeavor, your qualifications, and the potential benefit to the U.S. You can use the self-assessment page on our website or seek legal advice to determine your eligibility.
Date: 2023/12/24
Major Changes in U.S. Visa Policies in 2023: Impacts on H-1B, EB-5, and Student Visas
In 2023, the U.S. made significant changes to its visa policies, impacting H-1B, EB-5, and student visas. The H-1B domestic visa renewal pilot program was introduced, allowing 20,000 participants to renew their visas domestically, though this did not apply to their spouses. To address overrepresentation in H-1B visa registrations, a one-time registration per employee was mandated. The U.S. also unveiled a digital visa application system to streamline the process. The EB-5 visa policy was revised, allowing investors who create 10 jobs to be repaid after two years while remaining eligible for a green card. USCIS also improved the processing speed for EB-5 visa applications. Lastly, visa processing fees for F, M, and J visas increased, and consular officers were given more discretion in evaluating student visa applications.
Date: 2023/12/19
Major Changes to U.S. Visa Policies in 2023: Impacts on H-1B, EB-5, and Student Visas
In 2023, the United States made significant changes to its visa policies impacting H-1B, EB-5, and student visas (F, M, J). These changes include the introduction of a domestic renewal program for certain work visas, limitations on H-1B registrations to prevent overrepresentation, and the launch of a digital visa application process. The EB-5 visa policy was also revised, allowing investors to be repaid after creating 10 jobs and remaining eligible for a green card. Additionally, the processing speed for EB-5 visa applications improved significantly. For student visas, processing fees increased, and consular officers were given more discretion in evaluating applications.
Date: 2023/12/19
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.