Self Petition News – 2024-01-14
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
- February 2024 Visa Bulletin: Little Change in Employment-Based Categories, Reports U.S. Department of State
- How do I prove I have extraordinary ability?
- USCIS Announces Increase in Premium Processing Fees Effective from February 2024
- Understanding the National Interest Waiver (NIW) for US Lawful Permanent Resident Status Application
- US to Launch Online Filing System for H-1B Visa Applications for Fiscal Year 2025
- Proposed H-1B Visa Changes Could Undermine White House AI Goals, Critics Warn
- Proposed Revisions to the H-1B Visa Programme to Meet Demand for Skilled Jobs
- Can I apply for an NIW as a researcher, scientist, or professional?
- Major Immigration Reforms Announced for 2024: Changes to H-1B Visas and Green Card Backlogs
February 2024 Visa Bulletin: Little Change in Employment-Based Categories, Reports U.S. Department of State
The U.S. Department of State (DOS) has released the February 2024 Visa Bulletin, showing little change in most of the employment-based categories. The EB1 category remains unchanged with India’s cutoff date set at September 1, 2020, and China’s at July 1, 2022. The EB2 cutoff date for India is March 1, 2012, and for China, it’s January 1, 2020. The EB3 category shows some movement, with India’s cutoff date advancing to July 1, 2012, and China’s remaining at September 1, 2020. In the EB5 category, China’s unreserved cutoff date advances to December 15, 2015, while India’s remains at December 1, 2020. The Murthy Law Firm will continue to monitor and report on these developments.
Date: 2024/01/12
How do I prove I have extraordinary ability?
Proving extraordinary ability for an EB1A green card application requires a combination of documentation and expert testimony. The documentation and testimony should be support the claims you would like to make from the USCIS EB1A requirement list. Applicants must demonstrate that they are recognized as among the top experts in their field through sustained national or international acclaim. This can include receiving prestigious awards, being featured in major media outlets, or having a significant body of work that has been recognized by experts in the field. In addition to documentation, letters of recommendation from experts in the field who can attest to the applicant’s extraordinary abilities are also crucial. These letters should specifically detail the applicant’s accomplishments and explain why they are considered exceptional in their field.
Date: 2024/01/14
USCIS Announces Increase in Premium Processing Fees Effective from February 2024
The U.S. Citizenship and Immigration Services (USCIS) has announced an increase in premium processing fees, effective from February 26, 2024. The increase is based on the inflation index from June 2021 to June 2023. The revised fees apply to premium processing requests postmarked on or after the effective date. The USCIS is authorized by Congress to review and increase these fees every two years to keep up with inflation.
Date: 2024/01/10
Understanding the National Interest Waiver (NIW) for US Lawful Permanent Resident Status Application
A foreign national can apply for a US lawful permanent resident status (LPR) through the national interest waiver (NIW), which falls under the employment-based, second preference (EB2) category. This waives the need for a job offer and the labor certification (PERM) process. To qualify, the individual must be eligible for the EB2 category, either by holding an advanced degree or demonstrating exceptional ability in the sciences, arts, or business, and prove that it’s in the US national interest to grant the waiver. The USCIS uses a three-prong test to determine this, assessing the merit and national importance of the individual’s endeavor, their potential to advance it, and whether its benefits outweigh the government’s interest in protecting US workers. The NIW is particularly relevant for STEM professionals.
Date: 2024/01/08
US to Launch Online Filing System for H-1B Visa Applications for Fiscal Year 2025
The United States is set to launch an online filing system for H-1B visa applications for fiscal year 2025 in February. The US Citizenship and Immigration Services (USCIS) is introducing organizational accounts to allow collaborative online submissions of H-1B registrations. The accounts are designed for non-cap filings and the H-1B cap season for fiscal year 2025. They will enable multiple individuals within an organization and their legal representatives to collaborate on H-1B registrations, Form I-129 (Petition for a Nonimmigrant Worker), and Form I-907 (Request for Premium Processing Service). USCIS will host two national engagement sessions on organizational accounts on January 23 and January 24 to assist organizations and legal representatives in navigating the new process.
Date: 2024/01/14
Proposed H-1B Visa Changes Could Undermine White House AI Goals, Critics Warn
Proposed changes to the H-1B visa program could undermine the goals of a recent White House executive order on artificial intelligence (AI), according to employers, colleges, and policy groups. The proposed regulations would overhaul the annual H-1B lottery system and modify the definition of a “specialty occupation,” adding the requirement of a direct relationship between a degree held by a potential H-1B employee and the position the employer aims to fill. Critics argue that these changes would make it harder to hire talent needed for roles in emerging tech fields like AI. The proposal was released the same month that President Joe Biden issued an executive order that made adding foreign talent with essential expertise a central piece of his administration’s policy vision on AI.
Date: 2024/01/11
Proposed Revisions to the H-1B Visa Programme to Meet Demand for Skilled Jobs
The US Economic Innovation Group (EIG) has proposed revisions to the H-1B Visa programme to address the anticipated demand for skilled jobs created by the Chips and Science Act investments. The current system has several shortcomings, including a cap of 7% of total H-1B visas for any one nation, disadvantaging countries like China and India which produce many STEM workers. Proposals include issuing 10,000 ‘Chipmakers’ Visas’ per year with a faster path to a Green Card, and auctioning off 2,500 visas every quarter to qualifying firms. The U.S. State Department is also piloting a programme to allow eligible H-1B holders to renew their visas in the U.S. instead of leaving the country.
Date: 2024/01/09
Can I apply for an NIW as a researcher, scientist, or professional?
Yes, you can apply for a National Interest Waiver (NIW) as a researcher, scientist, or professional. The EB2-NIW category is specifically designed for individuals with exceptional ability in the sciences, arts, or business, or advanced degree professionals. To qualify, you must demonstrate 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. Having an advanced degree can strengthen your application, as it helps to demonstrate your exceptional ability in your field. However, it’s important to note that the approval of an NIW petition is at the discretion of USCIS and depends on the evidence provided. Taking help from prior successful petitions or consulting with an immigration attorney can help you navigate the complex process.
Date: 2024/01/14
Major Immigration Reforms Announced for 2024: Changes to H-1B Visas and Green Card Backlogs
The US is planning significant immigration reforms for 2024, including changes to H-1B visas and green card backlogs. From March 2024, the H-1B selection process will be altered due to policy changes announced by the US Citizenship and Immigration Services (USCIS) in October 2023. The changes aim to tackle multiple submissions by the same individual, with USCIS proposing to select H-1B registrations by unique beneficiaries. The new rules also require a US baccalaureate or higher degree in a related specific specialty to qualify for a specialty occupation, which has been criticized by experts. USCIS has also proposed to significantly increase fees, including a 2050% rise in the H-1B Electronic Registration Fee. The final rule is expected to be published in April 2024 or later.
Date: 2024/01/07
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