Green Card Self Petition

US Department of Homeland Security Announces Changes to H1B Registration System to Enhance Fairness and Integrity

The U.S. Department of Homeland Security (DHS) will publish a rule on February 2, 2024, to enhance the H1B registration system’s fairness and integrity. The changes include limiting foreign nationals to a single entry in the H1B lottery, regardless of the number of registrations submitted on their behalf. The new system will be tied to the individual’s passport or travel document, and the beneficiary cannot be registered under more than one such document. The rule, effective for the FY2025 H1B registration, also offers flexibility on the petition’s start date. The registration fee will remain $10 for the FY2025 H1B registration period but will increase to $215 in April 2024.

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.

USCIS Updates Guidance on Processing Immigrant Petitions for Foreign Workers Transferring Employers

On January 5, 2024, the U.S. Citizenship and Immigration Service (USCIS) updated guidance on how officers should process pending immigrant petitions for foreign workers transferring to a new employer under the American Competitiveness in the Twenty First Century Act (AC21). The employer must prove their financial ability to pay the wage indicated on the PERM labor certification at the time of filing. The updated guidance clarifies that, if an individual moves to a new position with a pending I-140, the USCIS will base their decision on the employer’s ability to pay at the time of filing, not throughout the pendency of the I-140 petition. This clarification is beneficial for individuals changing employers during the green card process.

US Government’s Plans to Expand STEM Workforce and Attract International Talent: A Strategy Aligned with CHIPS and Science Act and President Biden’s

The National Institute of Standards and Technology has outlined the US government’s plans to expand the STEM workforce in line with the CHIPS and Science Act and President Biden’s executive order on AI. The goal is to double the US semiconductor workforce in the next decade and triple graduates in semiconductor-related fields. The US also plans to attract international workers by streamlining visa policies for skilled laborers. The White House has created a webpage explaining different immigration pathways for STEM professionals and launched initiatives to attract and retain STEM talent. This includes expanding the STEM Optional Practical Training program, issuing new guidance on national interest waivers for EB-2 immigrant visas, and clarifying eligibility for O-1A nonimmigrant extraordinary ability visas. The Department of Labor is considering adding AI and other STEM occupations to the list of roles there are not enough qualified US workers to fill. The State Department is launching a pilot program allowing current H-1B visa holders to renew their visa without leaving the country.

US Launches Pilot Program for In-Country H1B Visa Renewal

The US Department of State has launched a pilot program allowing in-country visa renewal for H1B workers, a move that could benefit many Indian nationals working in the US. The announcement was made during Indian Prime Minister Narendra Modi’s visit to the US in June 2023 and is seen as a positive shift in diplomatic relations between the two countries. The program will accept 20,000 participants over five weeks, split equally between recent H-1B visa recipients from India and Canada. The initiative aims to streamline the visa process, making it more efficient and less burdensome, eliminating the need for applicants to travel abroad for visa renewal. The US Citizenship and Immigration Services is also introducing a new process, allowing applicants to pay for certain forms by mail or remotely.

The U.S. Citizenship and Immigration Services (USCIS) is set to increase its fees for various immigration applications starting April 1, 2024. This is the first major adjustment since 2016, with significant implications for family-based immigration applications. Meanwhile, the Supreme Court ruled in favor of the Biden administration’s request to remove razor wire fences installed by Texas officials along the U.S.-Mexico border. Furthermore, Republican lawmakers are pushing back against the Biden administration’s immigration parole policy, demanding that the issue of parole be addressed for a border policy proposal to advance. Lastly, the Department of State’s National Visa Center reported a 4% decrease in the immigrant visa backlog in December.

Can I self-petition for an NIW or does it require employer sponsorship?

Yes, you can self-petition for an EB2-NIW (Employment-Based Second Preference National Interest Waiver). Unlike other employment-based green card categories, an EB2-NIW does not require an employer sponsorship. This is a significant advantage as you can pursue your own endeavors in the U.S without being tied to a specific employer. You would have to demonstrate that your work is in the national interest of the U.S and you have the ability to continue contributing in your field. Having an advanced degree can strengthen your case as it shows you have specialized knowledge and skills. However, it’s not just about having the degree, but also about proving that your work is of substantial intrinsic merit and would benefit the U.S. Therefore, an advanced degree holder can leverage their expertise and achievements to make a strong case for an EB2-NIW self-petition.

USCIS to Increase Fees for Some Immigration and Naturalization Services Starting April 1

For the first time in over seven years, the U.S. Citizenship and Immigration Services (USCIS) is raising the cost of some immigration and naturalization requests from April 1. The new fees will apply to benefits related to employment-based visas, work authorizations, applications to register as a permanent resident, and those to apply for naturalization. Some fees, such as those to replace existing permanent resident cards, will slightly decrease. The revenues from the new fees will be used to improve customer experience and manage backlog growth. There is also a standard $50 discount for online applications and a reduction in fees for Employment Authorization Document applications in certain situations.

US Announces Significant Increase in Visa Fees for H-1B, L-1, and EB-5 Categories

The US has announced a significant increase in visa fees for categories such as H-1B, L-1, and EB-5, which are popular among Indians. The first fee hike since 2016 will be effective from April 1, 2024. The H-1B visa, which allows US employers to hire foreign nationals for specialized jobs, will see its application cost increase from $460 to $780. The H1B registration fee will rise from $10 to $215 from next year. The cost of EB-5 investment visas will increase from $3,675 to $11,160, while L-1 visas will go up from $460 to $1,385. The Department of Homeland Security expects the changes to decrease administrative burdens and fee processing errors, and improve process efficiency.

Major Overhaul Announced for US H1B Visa Lottery to Reduce Fraud and Streamline Process

The US has announced a major overhaul of its annual lottery for H1B speciality occupation visas to reduce fraud and streamline the registration process. The H1B visa allows US companies to employ foreign workers in speciality occupations, and is popular among Indian IT professionals. The new system will count and accept applications based on individual applicants, even if they file multiple applications. The US Citizenship and Immigration Services also announced new rules to strengthen the integrity of the H1B registration process, including reducing the potential for gaming the system. The initial registration period for the fiscal 2025 H1B cap will open in March.