Green Card Self Petition

Understanding the Impact of Mergers and Acquisitions on the PERM Labor Certification Process

The PERM labor certification process can be lengthy and if a company is acquired or merges during this time, the new entity may qualify as a successor-in-interest and assume the predecessor’s approved labor certifications. However, to qualify, the new entity must prove it has assumed certain rights, duties, obligations, and liabilities of the predecessor. The U.S. Citizenship and Immigration Services (USCIS) will assess three factors to determine eligibility: job opportunity, eligibility elements as of the priority date, and evidence of being a true successor-in-interest. If the job opportunity ceases to exist during the merger or acquisition, a new labor certification must be filed. If a successor-in-interest relationship is established, it can save time and expense of filing a new labor certification.

How do I qualify for an NIW?

To qualify for a National Interest Waiver (NIW) under the EB2 category, you must hold an advanced degree or possess exceptional ability in your field. The U.S. Citizenship and Immigration Services (USCIS) requires evidence that your proposed endeavor has both substantial merit and national importance, you are well-positioned to advance the proposed endeavor, and it would be beneficial to the U.S. to waive the job offer and labor certification requirements. The merit of your endeavor could be in a range of areas like science, arts, business, or education. Your advanced degree can help establish your exceptional ability and your potential to contribute significantly to your field. However, USCIS assesses each case individually, taking into account the nature of the endeavor, your qualifications, and the potential benefit to the U.S. You can use the self-assessment page on our website or seek legal advice to determine your eligibility.

Major Changes to U.S. Visa Policies in 2023: Impacts on H-1B, EB-5, and Student Visas

In 2023, the U.S. made significant changes to its visa policies, impacting H-1B, EB-5, and student visas. The H-1B domestic visa renewal pilot program was launched, allowing 20,000 participants to renew their visas without leaving the country, though this did not extend to spouses. Measures were introduced to address overrepresentation in H-1B visa registrations, including a one-time registration per employee. The U.S. also unveiled an online visa application system to streamline the process. The EB-5 visa policy was revised, allowing investors to be repaid after creating 10 jobs and remaining eligible for a green card. Processing speed for EB-5 visas improved significantly. Visa processing fees for F, M, and J visas increased and consular officers were given more discretion in evaluating student visa applications.

Guidance on January 2024 U.S. Visa Bulletin for Immigrants Awaiting Green Card Application Processing

The January 2024 bulletin is crucial for those waiting for their priority date to be current so that their green card application can proceed. The Department of State calculates the current backlog for various categories each month and uses this data to project a date. Immigrants with a priority date on or before that date can begin the next step in their process. The bulletin also posts “final action dates” which determine when the application can be adjudicated. Boundless provides monthly updates on the Visa Bulletin.

1. Significant Changes to US Visa Policies in 2023: Impacts on H-1B, EB-5, and Student Visas

In 2023, changes were made to US visa policies, impacting H-1B, EB-5, and student visas. The US began a pilot program for domestic renewal of certain work visas, allowing 20,000 participants to renew their visas without leaving the country. However, spouses of H1B employees cannot renew their visas domestically. To address overrepresentation in H-1B visa registrations, a one-time registration per employee was mandated. The US also introduced an online visa application system to streamline the process. Changes to the EB-5 visa policy clarified that if an investor creates 10 jobs, they can be repaid after two years while remaining eligible for a green card. Finally, visa processing fees for student visas were increased.

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 Reaches H-1B Visa Cap for Fiscal Year 2024

The United States Citizenship and Immigration Services (USCIS) announced on December 13, 2023, that it has received enough applications to meet the regular regulatory maximum number of 65,000 H-1B visas and the US graduate waiver cap of 20,000 H-1B visas for the fiscal year 2024. These visas are available each fiscal year for qualified professionals in various fields, such as architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, and specializations in business, accounting, law, etc. USCIS will send non-selection notifications to the online accounts of registrants and will continue to accept and process petitions exempt from the statutory maximum amount.

USCIS Reaches H-1B Visa Cap for 2024; State Department Launches Renewal Pilot Program

The United States Citizenship and Immigration Services (USCIS) has hit its cap for the 65,000 H-1B visas and the 20,000 H-1B visas for US advanced degree holders for fiscal year 2024. USCIS will notify those not selected online and will continue to process requests exempt from the cap, including current H-1B workers who have previously been counted against the cap. The H-1B visa allows US employers to hire international workers in specific fields. The State Department has started a pilot program to renew H-1B visas in the US, excluding dependents of H-1B professionals. This program allows over 20,000 H-1B visa holders to mail their visas to the State Department without leaving the US.

USCIS Proposes Significant Increase in Immigration and Citizenship Fees Amid Pandemic Revenue Challenges

The US Citizenship and Immigration Services (USCIS) is considering a significant increase in fees for various immigration processes to address revenue challenges worsened by the pandemic. The proposed fee hikes include a 2050% increase for the H-1B E-registration fee, a 70% increase for the H-1B visa application, and a 19% increase for citizenship applications. The most substantial increases are for EB-5 investors in the investment-linked green card program, with initial I-526 petitions possibly seeing a 204% increase and I-829 petitions for the removal of conditions on permanent resident status potentially seeing a 148% increase. The finalization of the proposed fee rule is expected in December 2023 or January 2024.