Self Petition News – 2024-08-11
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
- September 2024 Visa Bulletin: No Forward Movement in Employment-Based Categories, U.S. Department of State Reports
- Murthy Law Firm Successfully Assists Foreign National in Self-Sponsored Immigrant Petition Under EB2 NIW Category
- What if my field is very specialized and not well-known?
- September 2024 Visa Bulletin: No Changes in Family and Employment-Based Categories Announced by U.S. Department of State
- Can I apply for an NIW if I have a foreign degree?
- USCIS Completes Second Round of H-1B Visa Lottery Selection for FY2025
September 2024 Visa Bulletin: No Forward Movement in Employment-Based Categories, U.S. Department of State Reports
The U.S. Department of State (DOS) released the September 2024 Visa Bulletin, noting no forward movement in any employment-based categories from the previous month. The EB3 category cutoff date for certain countries has retrogressed due to increased demand. If the visa limit is reached for most employment-based categories in September 2024, no additional visas will be issued until the new fiscal year. Cutoff dates for EB1, EB2, and EB3 categories for countries like India, China, Mexico, and the Philippines remain unchanged, while some have retrogressed. The cutoff date for all countries in the EB4 category remains at January 1, 2021, while in the EB5 category, China and India’s unreserved cutoff remains unchanged.
Date: 2024/08/08
Murthy Law Firm Successfully Assists Foreign National in Self-Sponsored Immigrant Petition Under EB2 NIW Category
The Murthy Law Firm assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category and in the EB1(a) for immigrants with extraordinary ability. In a recent case, the firm helped a client, an expert in information systems, file an I-140 immigrant petition. Unlike other categories, the NIW doesn’t require employer sponsorship and waives the need for a PERM labor certification. The client had to show that his work had substantial merit and national importance, and that it would be beneficial for the U.S. to waive the job offer and labor certification requirement. The firm used expert opinion letters and evidence of the client’s contributions to data privacy and security to demonstrate his eligibility. The USCIS approved the EB2 NIW petition based on the client’s background and contributions.
Date: 2024/08/05
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: 2024/08/11
September 2024 Visa Bulletin: No Changes in Family and Employment-Based Categories Announced by U.S. Department of State
The U.S. Department of State has released its Visa Bulletin for September 2024, indicating no changes in all family- and employment-based categories. The priority date, which is the date a green card application petition was initially filed, is important in determining the wait time for a green card. Some countries may have longer wait times due to high demand, causing cut-off dates to move slower or even go backward. The wait time varies depending on the category and country backlog. The Visa Bulletin provides a guide to understanding these categories and finding the priority date.
Date: 2024/08/09
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: 2024/08/11
USCIS Completes Second Round of H-1B Visa Lottery Selection for FY2025
The US Citizenship and Immigration Services (USCIS) has completed the second round of H-1B visa lottery selection for fiscal year 2025, reaching its annual limit of 65,000 visas. The agency notified selected prospective petitioners that they can now file an H-1B cap-subject petition. However, there will be no second selection for the advanced degree exemption, or master’s cap, as the first round met the required numbers. The H-1B visa cap for FY2025 is set at 65,000 for the regular cap and an additional 20,000 under the master’s cap. The H-1B visa is popular among Indian professionals, particularly in the IT sector, and Indians consistently make up the largest group of H-1B recipients.
Date: 2024/08/08
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