Self Petition News – 2024-06-30
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
- What is the difference between the “self-sponsored” and “employer-sponsored” NIW?
- Do I need to be a member of professional associations?
- Proposed DHS Rule to Change 9-11 Response and Biometric Entry-Exit Fee for H1B and L-1 Visas
- USCIS Announces Extension for Paper-Based H1B Petitions Due to Weekend Deadline
- The Influence of Presidential Administrations on US Immigration Law
- USCIS to Initiate Online Filing for H-1B Applications and Introduce Organizational Accounts in FY25
- DHS Proposes Additional Fees for Extending Work Visas, Impacting Indian IT Companies
What is the difference between the “self-sponsored” and “employer-sponsored” NIW?
In the National Interest Waiver (NIW) category of the EB2 employment-based green card, there are two options: self-sponsored and employer-sponsored. In a self-sponsored NIW, you petition for yourself, demonstrating that your work is in the national interest of the United States. You don’t need a job offer or labor certification. In an employer-sponsored NIW, your employer petitions on your behalf, also demonstrating that your work is in the national interest. The key difference is who submits the petition and the requirement of a job offer. For individuals with advanced degrees, the self-sponsored NIW can be particularly beneficial as it allows them to seek permanent residency based on their qualifications and the significance of their work, without being tied to a specific employer or job offer. This provides greater flexibility and independence in their career development.
Date: 2024/06/30
Do I need to be a member of professional associations?
Membership in professional associations is one of the ten criteria set by USCIS to demonstrate extraordinary ability for an EB1A green card. However, it’s not mandatory. If you meet at least three of the ten criteria, you may qualify. For individuals with advanced degrees, membership could demonstrate recognition in the field, which could strengthen your case. This is especially true if the memberships are by invitation to top experts. But you can also prove your extraordinary ability through other criteria such as published material, high salary, or significant contributions to the field. The key is to provide substantial evidence for whichever criteria you choose. Remember, the EB1A category is for individuals who are recognized as being at the very top of their field, so the evidence should reflect that level of achievement.
Date: 2024/06/30
Proposed DHS Rule to Change 9-11 Response and Biometric Entry-Exit Fee for H1B and L-1 Visas
The U.S. Department of Homeland Security (DHS) has proposed a rule that would change the application of the 9-11 response and biometric entry-exit fee for H1B and L-1 visas. If implemented, this rule would mean that employers would have to pay the added fee on almost all H1B and L-1 petitions, including extensions. This would add an extra cost for certain employers filing these petitions. However, this is currently just a proposed regulation and does not yet affect U.S. immigration law. Any updates on this proposal will be posted on MurthyDotCom.
Date: 2024/06/27
USCIS Announces Extension for Paper-Based H1B Petitions Due to Weekend Deadline
The United States Citizenship and Immigration Services (USCIS) has informed the American Immigration Lawyers Association (AILA) that H1B petitions that are subject to the cap and are properly filed on Monday, July 1, 2024, will be considered as filed on time, due to June 30, 2024 falling on a Sunday. However, this applies only to paper-based H1B filings. H1B petitions filed electronically still need to be submitted by June 30, 2024.
Date: 2024/06/25
The Influence of Presidential Administrations on US Immigration Law
US immigration law can change depending on the presidential administration, with changes potentially affecting statutory, regulatory, or administrative policy rules. Much of the immigration framework is set by statute, requiring an act of Congress to change. However, a president can propose legislative immigration reforms to Congress and influence administrative policy through executive orders and agency appointments. For example, President Biden issued an executive order in 2021 that led to updated policy guidance for special consideration of individuals in STEM fields. However, as this is an administrative policy, a new president could end it with an executive order without Congressional action. Therefore, it’s important to understand which immigration laws or policies are most susceptible to change depending on the presidential administration.
Date: 2024/06/24
USCIS to Initiate Online Filing for H-1B Applications and Introduce Organizational Accounts in FY25
The US Citizenship and Immigration Services (USCIS) will initiate online filing of H-1B applications for FY25 from February. It will also introduce organizational accounts to simplify online collaboration and submission of H-1B registrations. The accounts will allow multiple individuals within an organization and their legal representatives to collaborate on H-1B registrations and related forms. The official announcement is expected by the end of the month. The USCIS will host two national engagement sessions on January 23 and January 24 to guide organizations through the process. In 2023, the Biden administration aimed to improve the H-1B system efficiency, maintaining the 60,000-visa cap, and preventing misuse and fraud.
Date: 2024/06/28
DHS Proposes Additional Fees for Extending Work Visas, Impacting Indian IT Companies
The US Department of Homeland Security (DHS) is proposing a rule to mandate employers to pay additional fees for extending work visas for foreign employees from July 8. The proposed fees are USD 4,000 for extending an H-1B visa and USD 4,500 for extending an L-1 visa. The plan is an extension of the 9/11 Response and Biometric Entry-Exit Fee, which currently applies only to initial visa petitions and changes of employers, and is aimed at funding national security programs. The new rule could impact Indian IT companies significantly as they rely heavily on H-1B visas to send their software engineers to the US, with Indians accounting for 77% of the approved H-1B visas in 2022.
Date: 2024/06/25
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.