H1B, J1, F1, Visa News – 2024-03-06
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
- Understanding Priority Dates in the U.S. Green Card Application Process
- Understanding the Process of Applying for PERM Labor Certification
- USCIS Announces Inflation Adjustment to Premium Processing Fees Effective February 2024
- March 2024 Visa Bulletin Released by U.S. Department of State: Insights from Boundless Immigration Law Firm
- Can I include dependents on my NIW application?
- US Government Takes Steps to Improve H-1B Work Permit Process
- Can I include my family in my EB1A application?
- Immigration Challenges and Opportunities: College Athletes, Economic Boost and Policy Adjustments in the U.S.
- Understanding the EB-5 Reform and Integrity Act of 2022: New Regulations and Impact on Indian Investors
Understanding Priority Dates in the U.S. Green Card Application Process
A foreign national seeking a green card in the U.S. must be aware of their priority date, which determines when they can file an adjustment of status application and when it can be approved. The priority date is established when the immigrant petition is approved, and its assignment depends on the case type. For PERM labor certification cases, the priority date is based on the date the case was filed with the U.S. Department of Labor. If the case doesn’t require a PERM LC, the priority date is the date the I-140 was filed with the U.S. Citizenship and Immigration Services. Once an I-140 is approved, the beneficiary can keep and use the priority date for any other approved I-140. However, a priority date can be lost if the I-140 is revoked due to fraud, willful misrepresentation, or material error by the USCIS.
Date: 2024/03/04
Understanding the Process of Applying for PERM Labor Certification
To apply for a PERM labor certification, an employer must first request a prevailing wage determination from the U.S. Department of Labor (DOL). This wage is the minimum the employer can offer for the sponsored position and is determined by the job’s nature, intended employment area, and wages for comparable positions in the same area. In some cases, an employer may be required to, or opt to, provide alternate data for a wage determination. If the position is covered by a collective bargaining agreement or professional sports league’s rules, the wage rate contained in the agreement or dictated by the league’s rules must be used. An employer covered by the Davis-Bacon Act or McNamara-O’Hara Service Contract Act may request the DOL use the current contracted wage for the PERM prevailing wage determination.
Date: 2024/02/29
USCIS Announces Inflation Adjustment to Premium Processing Fees Effective February 2024
The U.S. Citizenship and Immigration Services (USCIS) has announced an inflation adjustment to premium processing fees, which offer expedited processing for a variety of commonly used form types. The fee increases will take effect from February 26, 2024, and applications postmarked on or after this date with incorrect fees will be rejected. The funds generated from the fee increases will be used to provide premium processing services, improve existing adjudications processes, reduce processing backlogs, and enhance funding for other adjudication and naturalization services. The list of updated premium processing fees has been provided in a press release.
Date: 2024/02/28
March 2024 Visa Bulletin Released by U.S. Department of State: Insights from Boundless Immigration Law Firm
The U.S. Department of State has released its Visa Bulletin for March 2024, which is significant for individuals waiting for their green card application to progress. The bulletin calculates the current backlog for various categories and creates a projected date for immigrants to begin the next step in their process. It includes “dates of filing”, indicating when the next step can be started, and “final action dates”, determining when the application can be adjudicated. Boundless, a non-traditional law firm specializing in immigration law, offers a guide on how to read the Visa Bulletin and provides monthly updates. Despite not being a traditional law firm, Boundless employs licensed attorneys and offers certain legal services in immigration law.
Date: 2024/02/28
Can I include dependents on my NIW application?
Yes, you can include dependents in your EB2-NIW application. Dependents, in this case, are defined as your legally wedded spouse and unmarried children under 21 years old. They can be included in your application as derivative beneficiaries, meaning they can receive green cards contingent upon the approval of your application. However, they will need to submit separate I-485 applications. It’s important to note that their eligibility is directly tied to your application; if your application is denied, theirs will be as well. For someone with an advanced degree, being able to include dependents can be particularly beneficial as it can provide stability for their family while they continue their professional pursuits in the United States.
Date: 2024/03/06
US Government Takes Steps to Improve H-1B Work Permit Process
The United States is working to reduce backlogs and wait times for H-1B and other work permits. The H-1B visa, which allows US companies to hire foreign skilled workers, has recently become a point of focus. The H-1B electronic registration period is open from March 06, 2024, to March 22, 2024. From FY 2025, registrants must provide valid passport or travel document details for every beneficiary. The USCIS announced the launch of online filing for Form I-129 and associated Form I-907 for no-cap H-1B petitioners, with online filing beginning on April 01, 2024. USCIS has also introduced myUSCIS organizational accounts and Tech Talks sessions to assist with the new processes.
Date: 2024/03/06
Can I include my family in my EB1A application?
Yes, you can include your spouse and any unmarried children under the age of 21 in your EB1A application. For individuals with advanced degrees, this can be particularly beneficial as it allows for the possibility of your immediate family members joining you in the United States. They would be eligible for derivative EB1A status, meaning they can also apply for a green card as dependents on your application. However, they need to prove their relationship to you through marriage or birth certificates. It’s important to note that each family member will have their own application, fees, and processing time. While your EB1A petition focuses on your extraordinary ability, your family members’ applications will primarily deal with their relationship to you. They will not need to demonstrate any extraordinary abilities themselves.
Date: 2024/03/06
Immigration Challenges and Opportunities: College Athletes, Economic Boost and Policy Adjustments in the U.S.
International college athletes in the U.S. risk losing their F-1 student visas if they are deemed employees of their schools, as this would conflict with the work restrictions of the visa. Meanwhile, the Congressional Budget Office has predicted a $7 trillion boost to the U.S. economy over the next decade due to increased immigration. President Biden is considering using Trump-era executive actions to control migrant crossings at the U.S.-Mexico border. Additionally, the green card backlog increased by 16% in January, with the number of applicants ready for an interview and those scheduled for interviews also rising.
Date: 2024/03/02
Understanding the EB-5 Reform and Integrity Act of 2022: New Regulations and Impact on Indian Investors
The EB-5 visa program allows foreigners to live and work in the US through investment-driven employment. The EB-5 Reform and Integrity Act of 2022 introduced new regulations, prioritizing rural projects and reducing the sustainment period for investment capital to two years. The Act also increased the filing fee for the I-526/E from $3,675 to $11,160, which will be used to decrease EB-5 application processing times. Indian nationals, in particular, have shown interest in rural projects, with 36% of their EB-5 applications being for these types of projects. The US government highly values rural projects for their potential to develop underserved areas and positively impact the US economy. Investors are advised to conduct thorough due diligence before committing to an EB-5 project, considering factors such as business viability, immigration viability, and potential returns.
Date: 2024/03/02
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.