H1B, J1, F1, Visa News – 2024-08-07
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
- Murthy Law Firm Successfully Assists in EB2 NIW Petition for Information Systems Expert
- Fluctuating U.S. Immigration Policies: The Impact of Deference Policy Under Different Administrations
- USCIS Announces Second H1B Lottery for Fiscal Year 2025; Master’s Cap Reached
- Can I apply for an NIW if I have a foreign degree?
- What if my field is very specialized and not well-known?
Murthy Law Firm Successfully Assists in EB2 NIW Petition for Information Systems Expert
The Murthy Law Firm assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category and the EB1(a) for immigrants with extraordinary ability. A recent case involved an expert in information systems, particularly data privacy and security. The individual had an advanced degree and needed to demonstrate that his proposed endeavor was of substantial merit and national importance. The firm provided evidence of the individual’s significant contributions to data privacy and security, which provide economic and technological leadership and security benefits to the U.S. The individual’s work has been implemented by U.S. corporations and aligns with government initiatives related to artificial intelligence. The USCIS approved the EB2 NIW petition, waiving the PERM labor certification requirement.
Date: 2024/08/05
Fluctuating U.S. Immigration Policies: The Impact of Deference Policy Under Different Administrations
U.S. immigration law policies can change depending on the current administration. The deference policy, which allows for extensions of stay for nonimmigrants based on previously approved petitions, is one such policy. Under the Trump administration, this policy was rescinded, leading to an increase in requests for evidence and denials, and longer processing times. However, the Biden administration reinstated the deference policy in April 2021, bringing back some consistency and efficiency to the process. If Trump wins the upcoming election, it is expected that the deference policy will be eliminated again, leading to more requests for evidence, longer processing times, and less consistency in adjudications. Therefore, nonimmigrants are advised to apply early for extensions.
Date: 2024/08/01
USCIS Announces Second H1B Lottery for Fiscal Year 2025; Master’s Cap Reached
The U.S. Citizenship and Immigration Services (USCIS) has announced it will conduct a second lottery for fiscal year 2025 to select additional H1B registrations from those submitted in March 2024. The second lottery will only be for the regular cap as the master’s cap has been reached. Those with selected registrations will receive a selection notice in their myUSCIS accounts. However, USCIS has not provided details about the number of additional registrations to be selected or the exact date of the second lottery.
Date: 2024/07/30
Can I apply for an NIW if I have a foreign degree?
Yes, you can apply for a National Interest Waiver (NIW) under the EB-2 category even if you have a foreign degree. The U.S. Citizenship and Immigration Services (USCIS) recognizes foreign degrees, provided they are equivalent to a U.S. advanced degree. You may need to get an educational credential evaluation to establish this equivalence. The NIW is particularly beneficial for individuals with advanced degrees as it waives the requirement of a job offer and labor certification, which are typically required for EB-2 green card applicants. This means, as an advanced degree holder, you can self-petition for a green card under the NIW category, demonstrating that your work is in the national interest of the U.S. However, you must meet certain criteria to prove that your work has substantial intrinsic merit, national in scope, and significantly benefits the U.S.
Date: 2024/08/07
What if my field is very specialized and not well-known?
Even if your field is highly specialized or not well-known, you can still apply for a green card under the EB1A category. This information is pertinent to individuals with advanced degrees as it opens opportunities for those who have excelled in niche areas of study or research. USCIS does not restrict the EB1A category to specific fields. The key is to demonstrate that you have “extraordinary ability” in your field. This can be shown through evidence of sustained national or international acclaim, such as awards, media coverage, or contributions to your field that have a significant impact. It may be more challenging to gather such evidence in a lesser-known field, but it is not impossible. It’s crucial to present a compelling case that you are one of the small percentage who has risen to the very top of your field.
Date: 2024/08/07
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