H1B, J1, F1, Visa News – 2024-04-10
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
- May 2024 Visa Bulletin: No Forward Movement in Employment-Based Categories, Department of State Reports
- Self-Employment as an Alternative for F-1 OPT Students: Guidance and Legal Considerations
- USCIS to Extend Automatic Extension Period for Certain Employment Authorization Documents
- Frustrations Rise Over US H1B Visa Lottery System Among International Students and Professionals
- How do I prove that my work benefits the national interest of the United States?
- Overview of the National Law Review’s Services and Disclaimer
- Can I appeal if my EB1A application is denied?
- USCIS Hits FY 2025 H-1B Cap: New Filing Procedures and Fees Announced
- Technical Glitch in New myUSCIS System Affects H1B Visa Registrations for FY 2025
- USCIS Completes H1B Visa Lottery Selection for Fiscal Year 2025 Amidst Technical Glitches
May 2024 Visa Bulletin: No Forward Movement in Employment-Based Categories, Department of State Reports
The U.S. Department of State has released the May 2024 Visa Bulletin, which shows no forward movement in employment-based categories from the previous month. The EB1 cutoff date is set at March 1, 2021 for India and September 1, 2022 for China, and remains current for all other countries. The EB2 cutoff date is April 15, 2012 for India and February 1, 2020 for China, with no change for other countries. The EB3 cutoff date is August 15, 2012 for India and September 1, 2020 for China, with no change for other countries. The EB4 cutoff date is November 1, 2020 for all countries. The EB5 cutoff date is December 15, 2015 for China and December 1, 2020 for India, with no change for other countries.
Date: 2024/04/09
Self-Employment as an Alternative for F-1 OPT Students: Guidance and Legal Considerations
A student with F-1 status and optional practical training (OPT) authorization can meet employment requirements through self-employment as an alternative to traditional employment. This can be a viable option for students struggling to find traditional work during their first year of F-1 OPT. Other alternative employment options are detailed in the MurthyDotCom NewsBrief F-1 OPT Employment Options and Requirements for Students. Before pursuing these options, it is recommended to consult with a qualified immigration attorney. The Murthy Law Firm is available for consultation and representation on U.S. immigration matters for clients located in the U.S. or abroad.
Date: 2024/04/08
USCIS to Extend Automatic Extension Period for Certain Employment Authorization Documents
The U.S. Citizenship and Immigration Services (USCIS) is set to publish a temporary final rule to extend the automatic extension period of certain employment authorization documents (EADs) while the form I-765 renewal application is pending. This rule change will benefit certain renewal applicants but not those applying for initial EADs or those not eligible for the previous 180-day validity extension. However, the USCIS is urged to address the ongoing issues caused by adjudication delays.
Date: 2024/04/04
Frustrations Rise Over US H1B Visa Lottery System Among International Students and Professionals
Many visa holders and seekers have expressed frustration over the US H1B visa system. Despite a second lottery conducted by the US Citizenship and Immigration Services (USCIS) to meet the numerical allocations for fiscal year 2024, many were not selected. Shreya Mishra, a former international student pursuing a STEM degree in the US, voiced her disappointment on LinkedIn, stating that she has one chance left to secure an H1B visa. Other users echoed her sentiments, highlighting the challenges of the immigration journey and the uncertainty surrounding the visa lottery system. The situation has led to increased stress for international students and professionals, many of whom have invested significant time and money in their US education and careers.
Date: 2024/04/06
How do I prove that my work benefits the national interest of the United States?
To prove that your work benefits the national interest of the United States in an EB2-NIW (National Interest Waiver) self-petition, you need to satisfy three main criteria set by the USCIS. First, you need to demonstrate that your proposed endeavor has both substantial merit and national importance. This could be through your work’s potential contributions to the U.S. economy, education, healthcare, or other sectors. Second, you must show that you are well positioned to advance the proposed endeavor, typically through your educational background, skills, knowledge, record of success in related or similar efforts, a plan or model for future activities, and progress towards achieving the proposed endeavor. Lastly, you must demonstrate that it would be beneficial to the U.S. to waive the job offer and labor certification requirements. As someone with an advanced degree, you may already have the necessary qualifications and achievements to meet these criteria, especially if your work is in a specialized or high-demand field.
Date: 2024/04/10
Overview of the National Law Review’s Services and Disclaimer
The National Law Review (NLR) is a free to use, no-log in database of legal and business articles. The content and links on the NLR website are for general information purposes only and should not be seen as legal or professional advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the NLR website or any of the law firms, attorneys or other professionals or organizations who include content on the NLR website. If you require legal or professional advice, you should contact an attorney or other suitable professional advisor. The NLR is not a law firm and does not intend to solicit business or refer anyone to an attorney or other professional.
Date: 2024/04/04
Can I appeal if my EB1A application is denied?
Yes, you can appeal if your EB1A application is denied. This is relevant to someone with an advanced degree, as the EB1A category is often used by such individuals who have demonstrated extraordinary ability in their field. If your EB1A petition is denied, USCIS will send a denial notice that explains the reason for the decision. This notice will also provide information on how to appeal. The appeal must be filed with the Administrative Appeals Office (AAO) within 30 days of the denial notice date. It’s important to note that the appeal process can be complex and time-consuming, and there’s no guarantee of success. Therefore, it can be beneficial to work with an immigration attorney who can help you understand the reasons for the denial and build a strong appeal case.
Date: 2024/04/10
USCIS Hits FY 2025 H-1B Cap: New Filing Procedures and Fees Announced
The U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough electronic registrations to reach the FY 2025 H-1B cap. The selected beneficiaries have been notified and can now file an H-1B cap-subject petition. The filing period will be at least 90 days from April 1. Applicants filing Form I-129 must use the new edition of the form, and USCIS will reject any outdated forms from April 1 with no grace period. Additional instructions have been provided for supporting documents. Paper-based Form I-129 petitions must be filed at USCIS lockbox locations. New fees apply from April 1, with employers required to pay $780 to file Form I-129, or $460 for small employers and nonprofits.
Date: 2024/04/03
Technical Glitch in New myUSCIS System Affects H1B Visa Registrations for FY 2025
The US Citizenship and Immigration Services (USCIS) introduced new myUSCIS organisation accounts on February 28, with H1B Visa registrations for FY 2025 starting on March 6. The deadline was extended by three days due to a technical glitch. Selected registrant results started appearing before the official announcement. USCIS announced that 20 million online filings had been registered. However, a glitch was found that showed some selected cases as still ‘submitted’. Immigration attorney Emily Neumann discovered that by clicking on ‘View submission’, additional selection notices were revealed. Despite this, as of March 30, no further selections were found manually, leading to speculation that the glitch had been fixed.
Date: 2024/04/03
USCIS Completes H1B Visa Lottery Selection for Fiscal Year 2025 Amidst Technical Glitches
The United States Citizenship and Immigration Services (USCIS) has completed the lottery selection for H1B visas for fiscal year 2025, following the closure of the initial sign-up period on March 25. The lottery was used due to a technical glitch causing a delay in the deadline for visa applications. USCIS has started notifying selected beneficiaries. The demand for H-1B visas consistently exceeds the annual cap of 85,000, leading USCIS to use a lottery system. Starting April 1, USCIS will shift the H-1B Form I-129 filing location to a lockbox and will no longer accept applications at its service centers. USCIS also introduced “MyUSCIS,” an online account for H-1B registrations and petitions.
Date: 2024/04/03
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