Self Petition News – 2024-03-17
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
- U.S. Department of State Releases April 2024 Visa Bulletin with Updated Cutoff Dates
- USCIS Introduces New Process for Refugees’ Employment Authorization, Predicts Drop in H-1B Lottery Registrations
- USCIS Moves H1B Registration Process Online for Fiscal Year 2025
- What is the priority date for NIW applicants?
- US Lawmakers Call for Immigration Reforms to Address Green Card Backlog and H-1B Visa Issues
- Changes to the H-1B Lottery Registration Process for FY 2025
- Reported Errors in Issuance of Advance Paroles by USCIS
- Can my spouse work while we are waiting for the EB1A to be approved?
U.S. Department of State Releases April 2024 Visa Bulletin with Updated Cutoff Dates
The U.S. Department of State released the April 2024 Visa Bulletin, updating cutoff dates for various visa categories. For EB1, India’s cutoff date moves to March 1, 2021, and China’s to September 1, 2022. The EB2 cutoff dates are April 15, 2012 for India, February 1, 2020 for China, and January 15, 2023 for all other countries. The EB3 cutoff dates are August 15, 2012 for India, September 1, 2020 for China, and November 22, 2022 for all other countries. The EB4 cutoff dates for all countries advance to November 1, 2020. The EB5 category cutoff date remains set at December 15, 2015 for China and December 1, 2020 for India. The bulletin also includes predictions for visa category movement in the coming months.
Date: 2024/03/11
USCIS Introduces New Process for Refugees’ Employment Authorization, Predicts Drop in H-1B Lottery Registrations
The U.S. Citizenship and Immigration Services (USCIS) has introduced a new process where refugees will receive their Employment Authorization Documents (EADs) within 30 days of entering the U.S. This process applies to all eligible refugees admitted on or after December 10, 2023. In his 2024 State of the Union address, President Biden urged for progress on immigration reform and proposed new border security measures. Meanwhile, Indian citizens have become the third-largest group of undocumented immigrants in the U.S., with a 70% surge since 2011. The USCIS expects a 50% drop in H-1B lottery registrations for FY 2025, with a new process aimed at reducing fraud.
Date: 2024/03/16
USCIS Moves H1B Registration Process Online for Fiscal Year 2025
The US Citizenship and Immigration Services (USCIS) has moved the H1B registration process online for the fiscal year 2025 cap season. This step is intended to streamline the process, reduce paperwork, and save costs for employers filing H-1B petitions. The online system also allows case tracking. The H-1B cap will close on March 22, 2025. The new myUSCIS organisational accounts encourage collaboration within organisations and their legal representatives in preparing H-1B registrations. During the cap period, prospective petitioners must use the online account to register the beneficiary electronically. The registration fee remains $10, and each employee can be selected only once in a lottery. From April 1, 2024, USCIS service centres will no longer accept Form I-129 petitions.
Date: 2024/03/15
What is the priority date for NIW applicants?
The priority date for National Interest Waiver (NIW) applicants is the date when your immigrant petition is filed with USCIS (U.S. Citizenship and Immigration Services). For NIW applicants, this is the date when Form I-140, Immigrant Petition for Alien Worker, is received by USCIS. The priority date is crucial as it determines your place in line for an immigrant visa. In the EB2-NIW category, it can significantly influence the timeline of your green card process. For individuals with an advanced degree, understanding the priority date is important because the demand for EB2 category visas often exceeds the supply, leading to a backlog. Therefore, even though the NIW waives the job offer and labor certification, you still have to wait until a visa number is available based on your priority date.
Date: 2024/03/17
US Lawmakers Call for Immigration Reforms to Address Green Card Backlog and H-1B Visa Issues
At a recent ‘Tech Immigration Summit’ held at the US Capitol, lawmakers from both the Democratic and Republican parties highlighted the urgent need to address the Green Card backlog and issues related to the H-1B visa, which are significantly impacting Indian professionals. They advocated for the removal of the 7% country cap for issuing Green Cards to foreign guest workers in specialised categories. Without this change, the waiting period for Indian immigrants could exceed 70 years. Lawmakers emphasized the importance of immigrants in the US, particularly in the technology sector, and the need for a rational immigration policy. They also called for reforms to the immigration system, linking it to challenges in healthcare, environmental sustainability, and economic growth.
Date: 2024/03/13
Changes to the H-1B Lottery Registration Process for FY 2025
The H-1B lottery registration for FY 2025 opens on March 6th at 12PM EST. The process is changing this year. When demand for H-1B work visas exceeds the annual cap of 85,000, a lottery is conducted to select eligible applicants. Employers now first register their prospective H-1B employees electronically during a designated period. The registration period for FY 2025 runs from March 6, 2024, until March 22, 2024. U.S. Citizenship and Immigration Services will require a valid passport or travel document for all prospective H-1B applicants during the electronic registration process. Employers and prospective H-1B employees must have a shared “myUSCIS organizational account” to participate in the H-1B electronic registration process.
Date: 2024/03/10
Reported Errors in Issuance of Advance Paroles by USCIS
U.S. Citizen and Immigration Services (USCIS) has reportedly issued some Advance Paroles with errors, indicating Temporary Protected Status (TPS) instead of the correct adjustment of status or refugee/asylee process designation. Advance Parole is a travel authorization document that allows certain applicants for adjustment of status (green card) or refugee/asylee status to return to the U.S. TPS parole is only granted to an individual recognized in temporary protected status. The Advance Parole document should be carefully reviewed to ensure it is issued correctly. Adjustment of status or refugee/asylee Advance Parole documents should not include a TPS parole designation.
Date: 2024/03/16
Can my spouse work while we are waiting for the EB1A to be approved?
Yes, your spouse can work while waiting for the EB1A approval. This is beneficial to those with advanced degrees as it allows their spouses to contribute financially during the potentially lengthy approval process. Once you file your I-485 form (Application to Register Permanent Residence or Adjust Status), your spouse can apply for an Employment Authorization Document (EAD) using form I-765. The EAD is a work permit that allows your spouse to work in the U.S. while your green card application is being processed. It’s important to note that the EAD is not automatically granted and must be approved, which can take several months. Therefore, it’s advisable for your spouse to apply for the EAD as soon as you file your I-485 form to avoid any potential work disruption.
Date: 2024/03/17
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