Self Petition News – 2024-09-11
News Articles:
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- Filing a Federal Lawsuit Against U.S. Government Under the Administrative Procedure Act for Immigration Cases.
- USCIS Updates Guidance on OPT for F-1 Students: Potential Increase in STEM OPT Denials.
- Understanding the J-1 Au Pair Visa Program in the U.S.
- USCIS Updates Guidance on F-1 and M Visa Classifications for International Students.
- USCIS Updates Policy Guidelines for International Students’ OPT and STEM OPT Extensions.
- USCIS Holds Second H-1B Visa Lottery for Fiscal Year 2025 to Fill Remaining Slots.
- Self Petition FAQ: Do I need to be in the U.S. to apply for an NIW?
- Guide to Updating Your Address with the United States Citizenship and Immigration Services.
- Self Petition FAQ: Who should write my letters of recommendation?
Filing a Federal Lawsuit Against U.S. Government Under the Administrative Procedure Act for Immigration Cases
The Administrative Procedure Act (APA) allows individuals or employers to file a federal lawsuit against the U.S. government if an immigration case decision is contrary to the law. These lawsuits can challenge erroneous denials, revocations, fraud findings, or unreasonable delays. The ability to file an APA lawsuit depends on the specific legal issue and some discretionary agency actions cannot be challenged. A recent Supreme Court decision has increased the likelihood of success in these cases as federal courts now have more authority to overturn agency decisions. Individuals concerned about governmental retribution should not worry as U.S. federal courts impartially review cases. If traditional options to challenge a decision are unsuccessful, filing a federal lawsuit may be necessary. Legal advice can be sought from a Murthy Law Firm attorney.
Date: 2024/09/09
USCIS Updates Guidance on OPT for F-1 Students: Potential Increase in STEM OPT Denials
On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued updated guidance on optional practical training (OPT) for F-1 students. The main change is the modification of when the STEM OPT extension must be filed. This could potentially lead to an increase in the number of STEM OPT denials, based on F-1 students who fail to file the applications in a timely manner. Therefore, F-1 students, like all foreign nationals, need to stay aware of changes in U.S. immigration law and act proactively.
Date: 2024/09/05
Understanding the J-1 Au Pair Visa Program in the U.S.
The J-1 Au Pair visa allows young people aged 18-26 to live in the U.S and provide childcare for an American host family. Managed by the U.S. Department of State, the visa program promotes mutual understanding through daily interactions and shared responsibilities. The arrangement supports educational and professional growth and ensures both au pairs and host families benefit from a well-regulated exchange. The visa is authorized for those participating in approved programs such as teaching, studying, conducting research, etc. Au pairs typically earn between $10,000 and $15,000 annually, with benefits including free room and board. Family members of the J-1 visa holder may apply for J-2 dependent visas. However, working outside this program is considered visa fraud and can lead to legal issues.
Date: 2024/09/11
USCIS Updates Guidance on F-1 and M Visa Classifications for International Students
The US Citizenship and Immigration Services (USCIS) has updated its guidance on F-1 and M visa classifications for international students studying at US academic institutions. The new policies address eligibility for optional practical training (OPT) in Science, Technology, Engineering, and Mathematics (STEM) fields. The update also covers online study, school transfers, grace periods, and study abroad. After full-time study, graduates can apply for one year of work authorization, or OPT, to gain practical experience. Students with a degree in a designated STEM field can apply for a 24-month extension of post-completion OPT, allowing for a total of 36 months of work experience. The new guidance is effective immediately and supersedes any previous guidance.
Date: 2024/09/05
USCIS Updates Policy Guidelines for International Students’ OPT and STEM OPT Extensions
The US Citizenship and Immigration Services (USCIS) has updated its policy guidelines for optional practical training (OPT) and STEM OPT extensions for international students. The new policy allows a 60-day grace period after the expiry of the first employment authorisation document during which a student can transfer to a different level of study, to a different school at the same level, or apply for a different visa. Limited online learning is also allowed as part of the degree requirements. Post-completion OPT allows international students to stay in the US for 12 months after completing their program to gain practical experience. STEM degree holders can get a 24-month extension on the first OPT period.
Date: 2024/09/04
USCIS Holds Second H-1B Visa Lottery for Fiscal Year 2025 to Fill Remaining Slots
The United States Citizenship and Immigration Services (USCIS) held a second lottery for H-1B applicants for fiscal year 2025 on July 30. This additional draw was exclusively for applicants who were unsuccessful in the first lottery. It aimed to fill the remaining slots of the regular H-1B cap of 65,000 visas. The second lottery included both master’s degree and regular cap entries. The USCIS did not hold a second lottery for the master’s degree cap, as it had already met the 20,000 limit. The H-1B visa allows US employers to temporarily employ foreign nationals in specialized fields. For fiscal year 2025, USCIS received about 442,000 applications and selected 114,017 to meet the 85,000 limit.
Date: 2024/09/06
Self Petition FAQ: Do I need to be in the U.S. to apply for an NIW?
No, you do not need to be in the U.S. to apply for a National Interest Waiver (NIW) under the EB2-NIW category. The NIW petition can be filed from anywhere in the world. The key requirement is that you must be able to demonstrate that your work is of substantial intrinsic merit and national in scope, and that it benefits the U.S. The U.S. Citizenship and Immigration Services will consider the petition based on the evidence provided, not your physical location. For someone with an advanced degree, an NIW could be a good option because it waives the requirement of a job offer and labor certification, which can expedite the green card process. However, you should consult with an immigration attorney to understand the specifics and potential challenges of your case.
Date: 2024/09/11
Guide to Updating Your Address with the United States Citizenship and Immigration Services
The text provides instructions on how to update your address with the United States Citizenship and Immigration Services (USCIS) if you have filed an immigration benefit request or are a noncitizen residing in the U.S. It is crucial to notify USCIS of any address changes to ensure all correspondence and benefits are received without delay. Noncitizens must report address changes within 10 days of moving. This can be done online through a USCIS account or by mail using Form AR-11. Changing your address with the U.S. Postal Service (USPS) does not update your USCIS records. Certain populations, such as those with adoption-related forms or civil surgeons, have specific procedures for address changes.
Date: 2024/09/04
Self Petition FAQ: Who should write my letters of recommendation?
The letters of recommendation for an EB1A self-petition should be written by experts in your field who can attest to your extraordinary ability. These could be professionals with whom you’ve worked closely, such as colleagues, professors, or supervisors, as well as renowned experts in your field who are familiar with your work. As an individual with an advanced degree, having letters from respected figures in your field of study can provide strong evidence of your extraordinary ability. Importantly, the authors of your recommendation letters should be able to provide specific examples of your contributions and their impact. They should also be capable of explaining why your work stands out and why you are considered one of the small percentage who has risen to the very top of the field of endeavor.
Date: 2024/09/11
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