Self Petition News – 2024-08-04
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
- Can I apply for EB1A if I am a postdoctoral researcher?
- What are the educational qualifications required for an NIW?
- The Impact of Presidential Administrations on U.S. Immigration Law: The Case of Deference Policy
- USCIS Announces Second H1B Lottery for Fiscal Year 2025
- Project 2025: The Heritage Foundation’s Proposal for Restructuring Federal Government Policies
Can I apply for EB1A if I am a postdoctoral researcher?
Yes, as a postdoctoral researcher, you can apply for an EB1A visa. For someone with PhD degree, this category is particularly relevant because your background generally tends to include various evidence that can meet the EB1A requirements. The EB1A category does not require a job offer or labor certification, making it a viable option for individuals who can demonstrate that they are among the small percentage who have risen to the very top of their field. You need to provide evidence for this, which can include major awards or prizes, membership in associations, published material about you, evidence of your role as a judge of others in your field, original contributions of major significance, authorship of scholarly articles, or evidence of commercial success in the performing arts. You can use our DIY packets or consult an immigration attorney.
Date: 2024/08/04
What are the educational qualifications required for an NIW?
The National Interest Waiver (NIW) under the EB2 category does not have explicit educational qualifications. However, it is generally easier to demonstrate that your work is in the national interest if you have an advanced degree or exceptional ability in your field. The USCIS uses a three-prong test to determine eligibility: your proposed endeavor must have substantial merit and national importance, you are well positioned to advance the proposed endeavor, and it would be beneficial to waive the job offer and labor certification requirements. Having an advanced degree can help you meet these criteria by demonstrating your expertise and ability to contribute significantly to your field. For example, if you have a PhD or PostDoc, it could be used as evidence of your unique skills and knowledge, enhancing your chances of a successful NIW application.
Date: 2024/08/04
The Impact of Presidential Administrations on U.S. Immigration Law: The Case of Deference Policy
The U.S. immigration law has a unique aspect where certain policies can change based on the presidential administration. This is particularly true for the deference policy, which allows the U.S. Citizenship and Immigration Service (USCIS) to defer to a previously approved petition in cases where a nonimmigrant requests an extension of stay involving the same parties and facts. This policy was rescinded under the Trump administration, leading to an increase in requests for evidence and denials, and longer processing times. However, it was reinstated under the Biden administration. If Trump wins the upcoming election, it is expected that the deference policy will be eliminated again, leading to more challenges in the immigration process. Nonimmigrants are advised to consider applying early for extensions.
Date: 2024/08/01
USCIS Announces Second H1B Lottery for Fiscal Year 2025
The U.S. Citizenship and Immigration Services (USCIS) announced that a second lottery for H1B registrations will be held for fiscal year 2025. This lottery will select additional registrations from those submitted in March 2024. The master’s cap has already been reached, so this lottery will only be for the regular cap. Selected registrations will receive a selection notice via their myUSCIS accounts. However, the USCIS did not provide information on the number of additional registrations to be selected or the exact date of the second lottery.
Date: 2024/07/30
Project 2025: The Heritage Foundation’s Proposal for Restructuring Federal Government Policies
The Heritage Foundation’s 2025 Presidential Transition Project, also known as Project 2025, is a policy proposal aimed at restructuring federal government policies, including U.S. immigration policy. Despite efforts by Donald Trump to distance himself from the project, many see it as his blueprint for governance. Key proposals include consolidating several agencies into a standalone border and immigration agency at the Cabinet level, limiting discretionary authority for guest worker visas, and restructuring the Fraud Detection and National Security to make it a top priority of U.S. Citizenship and Immigration Services. If adopted, these changes could significantly impact visa availability, processing times, and regulatory compliance requirements.
Date: 2024/07/29
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