Self Petition News – 2024-09-15
News Articles:
- October 2024 Visa Bulletin: U.S. Department of State Reveals New Cutoff Dates for EB1, EB2, EB3,.
- Address Change Requirements for Individuals Filing Immigration Benefit Requests with USCIS.
- USCIS Extends EAD Renewal Period to Support Noncitizen Employment and Streamline Processes.
- USCIS Extends Automatic Extension Period for Certain Employment Authorization Documents to 540 Days.
- Understanding the EB-2 Visa Category in the US and Its Implications for Indian Professionals.
- Exploring the National Interest Waiver Pathway for Foreign National Workers: An Article by Haseena Enu.
- Self Petition FAQ: Do I need to be in the U.S. to apply for an NIW?
- USCIS Releases H-1B Cap Lottery Statistics for FY 2025: Employers Explore Alternative Visa Options.
- Self Petition FAQ: Who should write my letters of recommendation?
October 2024 Visa Bulletin: U.S. Department of State Reveals New Cutoff Dates for EB1, EB2, EB3,
The U.S. Department of State has released the October 2024 Visa Bulletin, revealing less progress than anticipated for the start of fiscal year 2025. The EB1 cutoff dates for China and India are set at November 8, 2022, and February 1, 2022, respectively, while other countries remain current. The EB2 cutoff dates for China and India are March 22, 2020, and July 15, 2012, respectively, with other countries set at March 15, 2023. The EB3 cutoff dates have advanced for India to November 1, 2012, but retrogressed for China to April 1, 2020, while other countries are set at November 15, 2022. The EB4 cutoff date is set at January 1, 2021, and may expire for certain religious workers on September 30, 2024. The EB5 cutoff dates for China and India have moved to July 15, 2016, and January 1, 2022, respectively.
Date: 2024/09/11
Address Change Requirements for Individuals Filing Immigration Benefit Requests with USCIS
The U.S. Citizenship and Immigration Services (USCIS) requires individuals who have filed an immigration benefit request to notify them of any address changes as soon as possible to ensure uninterrupted correspondence and benefits. Noncitizens in the U.S. must report address changes within 10 days of moving, except for A and G visa holders and visa waiver visitors. The preferred method of address change is through the USCIS online account, as it is processed almost immediately and eliminates the need to mail a paper form. Changing your address with the U.S. Postal Service will not update your address with USCIS. Certain populations may need to follow other program-specific procedures for address changes.
Date: 2024/09/08
USCIS Extends EAD Renewal Period to Support Noncitizen Employment and Streamline Processes
The United States Citizenship and Immigration Services (USCIS) has extended the automatic renewal period for Employment Authorization Documents (EADs) from 180 to 540 days. This change aims to provide stability for noncitizens legally working in the US by preventing employment gaps while they await the processing of their renewal applications. This initiative is part of a broader USCIS effort to streamline processes and support noncitizen employment. The extended EAD renewal period will be in effect from April 8, 2024, until September 20, 2027, benefiting thousands of noncitizens. The rule also modernizes the EAD application process, expanding online filing options and streamlining adjudication procedures. USCIS is also actively educating work-eligible individuals about the new rule and providing support for EAD applications.
Date: 2024/09/11
USCIS Extends Automatic Extension Period for Certain Employment Authorization Documents to 540 Days
The U.S. Citizenship and Immigration Services (USCIS) has extended the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to 540 days. This rule is designed to prevent noncitizens with valid work authorization from facing employment eligibility lapses while waiting for their EAD renewal applications to be adjudicated. The change applies to eligible noncitizens who filed an EAD renewal application on or after October 27, 2023, if the application was still pending as of April 8, 2024. This is part of USCIS’s ongoing initiative to support the employment of noncitizens by reducing barriers to work authorization and streamlining the EAD adjudication process. The rule will remain in effect through September 20, 2027.
Date: 2024/09/08
Understanding the EB-2 Visa Category in the US and Its Implications for Indian Professionals
The EB-2 visa category in the US is granted to professionals with advanced degrees or extraordinary abilities in arts, science, or business, and those whose work benefits the national interest. A bachelor’s degree with five years of work experience also qualifies. No American sponsor is required for the National Interest Waiver (NIW) sub-category. The USCIS has set a limit of issuing 47,000 EB-2 visas for the financial year 2024, making up 28.6% of the 1.65 lakh employment-based visas allotted annually. However, Indian citizens have been facing challenges in obtaining this visa. Despite this, it is expected that Indians, who constitute a large number in the advanced degrees category, will benefit when new visas are issued.
Date: 2024/09/14
Exploring the National Interest Waiver Pathway for Foreign National Workers: An Article by Haseena Enu
Haseena Enu, a partner based in Dallas, TX, has written an article for the Dallas Bar Association’s official publication, Headnotes. In the article, she discusses the National Interest Waiver pathway for foreign national workers. Typically, the path to permanent residency for temporary foreign workers begins with a labor certificate from the U.S. Department of Labor, which can take two years to prepare, file, and adjudicate. The National Interest Waiver pathway, however, allows individuals to bypass this by demonstrating their work is in the national interest. This waives the requirement for a labor market test and labor certification, allowing for the direct filing of an I-140 Immigrant Visa Petition.
Date: 2024/09/10
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: 2024/09/15
USCIS Releases H-1B Cap Lottery Statistics for FY 2025: Employers Explore Alternative Visa Options
The United States Citizenship and Immigration Service (USCIS) has released statistics for the H-1B cap lottery for FY 2025. Approximately 442,000 unique beneficiaries were registered, with 135,137 selected in total. This includes 120,603 from the initial selection and an additional 14,534 from the second lottery. The H-1B program allows US employers to temporarily employ foreign workers in highly specialized fields. The current cap on H-1B visas is 65,000 per fiscal year, with an additional 20,000 for beneficiaries with a master’s degree or higher from a US institution. Due to the limited number of H-1B visas, US employers are looking to alternatives like the O-1A and EB-2 NIW visas, particularly for jobs in STEM fields. The approval rates for these alternatives have shown an upward trend.
Date: 2024/09/08
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: 2024/09/15
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