Green Card Self Petition

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.

Mistaken Denials of STEM OPT Applications by USCIS: Murthy Law Firm Steps In

The Murthy Law Firm has noted that the U.S. Citizenship and Immigration Services (USCIS) has been mistakenly denying STEM optional practical training (OPT) applications from F-1 students, claiming that their degree is not in a STEM designated field. The USCIS uses the DHS STEM Designated Degree Program List to determine if a student’s degree qualifies for the STEM OPT extension. Erroneous denials or requests for evidence have been issued when a degree program title doesn’t match the name given to a CIP code’s corresponding field of study on the DHS list, overlooking the curriculum requirements used by each institution in assigning a CIP code. The Murthy Law Firm has successfully challenged and reversed these denials for numerous clients.

USCIS Announces Plans to Introduce Organizational Accounts for H-1B Filings and Premium Processing Requests

The U.S. Citizenship and Immigration Services (USCIS) has announced plans to introduce organizational accounts for H-1B fiscal year 2025 cap filings, H-1B non-cap filings, and associated premium processing requests on Form I-907. The initiative, aimed at improving customer experience and facilitating collaboration between organizations and their legal representatives, is expected to roll out in February 2024. The program will later expand to online filings of Form I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service. USCIS will host webinars introducing the new program to companies and legal representatives in late January 2024.

USCIS Plans Major Increase in Immigration Application Fees

The United States Citizenship and Immigration Services (USCIS) is set to implement significant changes to its immigration fee structure, with the final rule suggesting an average increase of 40% in application fees. This could see costs for employers and applicants significantly increase, with fees for many marriage-based green card applications doubling from $1760 to over $3640. Fees for accompanying children will also mirror adult applications. The changes could be in effect as soon as spring 2024. The American Immigration Lawyers Association and the American Immigration Council have voiced concerns about the impact of these increases on businesses, the workforce, and families.

What is the difference between EB-2 and EB-2 NIW?

EB-2 is an employment-based, second-preference visa category for U.S. immigration. It is generally for professionals with advanced degrees or individuals with exceptional ability in the sciences, arts, or business. Normally, an EB-2 petition requires a job offer and labor certification, which confirms there are no qualified U.S. workers for the job.

However, the EB-2 National Interest Waiver (NIW) is an exception to this rule. With an NIW, you can self-petition, meaning you don’t need a job offer or labor certification. Instead, you must demonstrate that your work has substantial merit and national importance, you are well-positioned to advance the proposed endeavor, and it would be beneficial to waive the job offer and labor certification requirements.

For individuals with an advanced degree, the EB-2 NIW can be a valuable pathway to a green card, especially if their work is in an area of national interest, as it allows more autonomy and flexibility

Understanding the H-1B Visa Program: Challenges, Proposed Changes, and Top Startup Employers

The H-1B visa program, the largest temporary work visa program in the U.S., has served as a pathway for skilled foreign labor into the American job market. Despite its popularity, the program only has a capacity of 85,000 visas per year, leading to a lottery system due to high demand. The 2024 lottery saw a record-breaking 780,000 applications. Concerns have been raised about potential exploitation of the system, leading to proposed legislative changes to select applicants from a pool of unique individuals rather than the total number of entries. This would level the playing field for startups and smaller companies. The article also lists the top H-1B startup employers, with the most visas sponsored coming from companies based in San Francisco and Beijing.

USCIS to Introduce Digital Enhancements for H-1B Visa Applications

The United States Citizenship and Immigration Services (USCIS) plans to introduce a series of digital enhancements to improve the customer experience for H-1B visa applications. These improvements include the introduction of organizational accounts, which will allow multiple individuals within an organization to collaborate and prepare H-1B registrations. The changes will also allow for the online filing of visa applications and premium processing requests. These enhancements are expected to increase efficiency and ease the process for organizations and their legal representatives. The USCIS plans to launch organizational accounts in February 2024 and will subsequently allow for the online submission of Forms I-129 and I-907. The USCIS will also move the paper filing location for these forms from service centers to the USCIS lockbox to standardize processes and reduce costs.