H1B, J1, F1, Visa News – 2024-08-21
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
- Ensuring Correct Payment for FY2025 Cap Lottery: Avoiding Rejection by USCIS Due to Payment Issues
- Understanding the Impact of Extended Absence on U.S. Citizenship Application Process for Lawful Permanent Residents
- USCIS to Hold Second Lottery for FY 2025 H-1B Regular Cap Category
- What is the role of the labor certification process in NIW petitions?
- Can I use letters of recommendation in my application?
Ensuring Correct Payment for FY2025 Cap Lottery: Avoiding Rejection by USCIS Due to Payment Issues
The second round of the FY2025 cap lottery has begun and it is crucial to ensure correct payment to avoid rejection of any petition or application by the U.S. Citizenship and Immigration Services (USCIS). Cases submitted without the required filing fees may be rejected. Anti-fraud features on payment methods can also lead to rejection if the bank denies payment to the USCIS. A rejected filing is different from a denial, as a rejected filing does not meet minimum requirements for acceptance. Banks may flag government filing fees as potential fraud, leading to payment rejection. To avoid this, applicants are urged to notify their credit card companies prior to filing. Additionally, anti-fraud measures used by banks can sometimes cause unexpected problems, as checks may be flagged for suspected fraud and declined if not promptly confirmed by the issuer.
Date: 2024/08/20
Understanding the Impact of Extended Absence on U.S. Citizenship Application Process for Lawful Permanent Residents
To apply for U.S. citizenship, a lawful permanent resident (LPR) must maintain continuous residence in the U.S. for a specified period. Extended absence may jeopardize this, but under certain circumstances, an LPR can preserve U.S. residency during a prolonged absence if engaged in qualifying employment abroad. An absence of more than six months but less than a year results in a rebuttable breach of residence, while an absence of a year or more usually can’t be rebutted. However, an LPR can file an application to preserve residence for naturalization purposes (form N-470) if they will be engaged in qualifying employment abroad. Dependents can be included in this application. An N-470 doesn’t protect against abandonment of LPR status if the individual doesn’t maintain ties to the U.S.
Date: 2024/08/15
USCIS to Hold Second Lottery for FY 2025 H-1B Regular Cap Category
The US Citizenship and Immigration Services (USCIS) will hold a second lottery for the fiscal year 2025 H-1B regular cap category, after the initial selection process in March. The second lottery aims to ensure the regular cap allocation is met, selecting more unique beneficiaries. Unlike the first round, the second will not include beneficiaries under the master’s cap, as sufficient petitions were received to meet the FY 2025 masters cap numerical allocation. The second round will include previously submitted registrations eligible for both the master’s and regular cap. Those selected will be notified via their USCIS online accounts. Last year, USCIS registered a 61% increase in H-1B applications, with 780,884 submissions for FY 2024.
Date: 2024/08/16
What is the role of the labor certification process in NIW petitions?
The labor certification process, also known as PERM, is a step typically required in the EB-2 green card process. It involves proving that there are no qualified U.S. workers for the job being offered. However, in the case of EB2-NIW (National Interest Waiver) petitions, this labor certification process is waived. The reason for this waiver is that it is in the U.S. national interest to do so. The petitioners must demonstrate that their proposed endeavor has substantial merit and national importance, they are well-positioned to advance the proposed endeavor, and it would be beneficial to waive the job offer and labor certification requirements. For someone with an advanced degree, this process can be advantageous, as it allows them to self-petition for a green card without needing an employer to sponsor them or prove the unavailability of U.S. workers.
Date: 2024/08/21
Can I use letters of recommendation in my application?
Yes, letters of recommendation are a crucial part of your EB1A application. These letters can provide evidence of your extraordinary ability and achievements in your field. For applicants with advanced degrees, these letters can further highlight the impact and significance of your academic research or scholarly contributions. The letters should ideally come from experts in your field, both from your home country and internationally, who can attest to your extraordinary abilities and your achievements. They should provide specific examples of your work, explain the significance of your contributions in layman’s terms, and make a case for why you are one of the few individuals at the very top of your field. The more detailed and specific the letters are, the more convincing they will be to the immigration officers reviewing your case.
Date: 2024/08/21
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