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Green Card Self Petition

Self Petition News – 2024-08-18

August 18, 2024



Self Petition News – 2024-08-18

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 use unpaid work or volunteer experience as evidence in my NIW petition?

Yes, you can use unpaid work or volunteer experience as evidence in your EB2-NIW (Employment-Based Second Preference – National Interest Waiver) petition. The U.S. Citizenship and Immigration Services (USCIS) considers all relevant post-degree experience, paid or unpaid, full-time or part-time, in evaluating whether you have influenced your field and whether your work is of substantial intrinsic merit. You should provide evidence of your unpaid work or volunteer experience, such as letters of recommendation, awards, or recognitions. This evidence should demonstrate the significance of your contributions to your field. As someone with an advanced degree, your unpaid work or volunteer experience can be especially valuable if it demonstrates your ability to make significant contributions to your field beyond what is typically expected from someone with your level of education.

Date: 2024/08/18

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Understanding the Residency Requirements for U.S. Citizenship Application

To apply for U.S. citizenship, a lawful permanent resident (LPR) must maintain continuous residence in the U.S. for a specific period, usually three or five years. Extended absences may jeopardize this requirement, although there are exceptions for qualifying employment abroad. Temporary trips do not usually interrupt continuous residence, but absences of over six months can breach residence, requiring the LPR to restart the period. Absences of over a year are usually irreparable. To preserve U.S. residence during an extended absence, the LPR must file form N-470 with the U.S. Citizenship and Immigration Services. This can include dependents and must be done before the LPR has been abroad for a year. The LPR must also maintain physical presence in the U.S. for at least half of the statutory period. The LPR may also need a reentry permit after an absence of a year or more.

Date: 2024/08/15

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Understanding the Special Handling PERM Labor Certification Process for U.S. Academic Institutions

Special handling is a PERM labor certification process for teachers at U.S. colleges and universities, offering distinct advantages over the regular PERM process. It allows the academic institution to use the labor market test that was used in the initial hiring of the teacher and allows the institution to use a “more qualified” standard. It also enables the institution to use the previously conducted recruitment process to file a labor certification with the U.S. Department of Labor (DOL), provided certain criteria are met. This process can streamline the PERM process significantly for faculty members. If the special handling application is not filed within the 18-month window, the institution can still use a “more qualified” standard in the regular PERM process or initiate a new recruitment round that meets the special handling requirements.

Date: 2024/08/12

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How do I show that I have been judged by experts in my field?

To demonstrate that you have been judged by experts in your field, you can provide evidence of peer reviews, panel participations, or judging the work of others in the same or related academic fields. For someone with an advanced degree, this could include serving as a reviewer for academic journals, being invited to speak at conferences, or sitting on thesis committees. Other forms of evidence could be letters of recommendation from recognized experts in your field attesting to your contributions and recognition. It is important that these letters not only vouch for your qualifications, but also provide detailed examples of your work and its impact. The more specific and detailed the evidence, the stronger your case will be. Remember, the goal is to demonstrate that you are a top expert and have sustained national or international acclaim for your work.

Date: 2024/08/18

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September 2024 Visa Bulletin Released by U.S. Department of State with No Changes in Family and Employment Categories

The U.S. Department of State has released its Visa Bulletin for September 2024, which shows no changes across all family- and employment-based categories. The priority date is the date when the green card application petition was filed. Some countries may have longer wait times due to high demand, leading to a slower movement of cut-off dates or even a backward movement (retrogression). The wait time depends on the category and country backlog. The bulletin includes cut-off dates for family-based categories (F-1 to F-4) and employment-based categories (EB-1 to EB-5). The cut-off dates for most countries remained unchanged. The bulletin also provides a guide to understanding the Visa Bulletin and finding the priority date.

Date: 2024/08/11

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USCIS Announces Second Lottery for 2025 H-1B Regular Cap Category

The United States Citizenship and Immigration Services (USCIS) has announced a second lottery for the fiscal year 2025 H-1B regular cap category. The initial selection process was held in March, but an additional lottery is required to ensure the cap allocation is met. The second lottery will not include beneficiaries under the master’s cap as enough master’s cap registrations were already selected. The second round will consist of previously submitted registrations that indicated eligibility for the master’s cap and the regular cap. Last year, the agency registered a 61% increase in H-1B applications, with a total of 780,884 submissions for FY 2024. The H-1B visa allows US employers to hire internationally qualified workers to fill labour shortage gaps.

Date: 2024/08/16

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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.