H1B, J1, F1, Visa News – 2024-09-18
News Articles:
- Self Petition FAQ: Can I use media coverage of my work as evidence?
- Understanding the PERM Labor Certification Process for Foreign Nationals Seeking Employment-Based Green Cards in the U.S.
- Self Petition FAQ: What is the “Dhanasar” standard for NIW adjudication?
- Overview of the J-1 Au Pair Visa Program in the U.S.
- Supporting DACA Recipients through Advance Parole: A Role for Businesses.
Self Petition FAQ: Can I use media coverage of my work as evidence?
Yes, you can use media coverage of your work as evidence in an EB1A green card application. This is particularly relevant to individuals with advanced degrees as their work can sometuimes receive public attention and discussion. Media coverage can be used to demonstrate sustained national or international acclaim, a key requirement for the EB1A category. The media coverage must be in recognized media outlets, and it should specifically discuss your work, contributions, and achievements in your field of expertise. It’s not enough to simply have media coverage; it should show that you stand out significantly from others in the field. The more prestigious or well-recognized the media outlet, the stronger the evidence. Remember, it’s about quality, not just quantity. It’s important to provide translations if the coverage is not in English.
Date: 2024/09/18
Understanding the PERM Labor Certification Process for Foreign Nationals Seeking Employment-Based Green Cards in the U.S.
The PERM labor certification is the first step in most employment-based green card cases. Foreign nationals studying in the U.S. often start the process after graduation due to its lengthy duration. However, the PERM process does not grant direct immigration status, so individuals must maintain valid nonimmigrant status during the process. Many students are eligible for one year of optional practical training (OPT) after graduation, which may be extended for STEM graduates. However, OPT often does not cover the full duration of the PERM process, so alternative nonimmigrant status, such as H1B, should be considered. The PERM process requires prior relevant experience, which can be a challenge for recent graduates, and each case requires a specific strategy. The Murthy Law Firm offers assistance throughout the PERM and green card process.
Date: 2024/09/16
Self Petition FAQ: What is the “Dhanasar” standard for NIW adjudication?
The “Dhanasar” standard is a three-pronged test used by the United States Citizenship and Immigration Services (USCIS) for adjudicating National Interest Waiver (NIW) petitions under the EB2 immigrant visa category. The standard was established in the 2016 precedent decision, Matter of Dhanasar. The three prongs are: 1) the foreign national’s proposed endeavor has both substantial merit and national importance; 2) the foreign national is well-positioned to advance the proposed endeavor; and 3) on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. For individuals with an advanced degree, the Dhanasar standard can be particularly beneficial as their educational background and professional experience can be utilized to demonstrate that they are well-positioned to advance an endeavor of substantial merit and national importance.
Date: 2024/09/18
Overview of the J-1 Au Pair Visa Program in the U.S.
The J-1 Au Pair visa is a program managed by the U.S. Department of State that allows young people aged 18-26 to live in the U.S. while providing childcare for an American host family. This program promotes mutual understanding through daily interactions and shared responsibilities and supports educational and professional growth. Au pairs typically earn between $10,000 and $15,000 annually, but also receive free room and board. Family members of the J-1 visa holder may apply for J-2 dependent visas, depending on the specific exchange program. Working outside of the J-1 program is considered visa fraud and can lead to legal issues. The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program.
Date: 2024/09/11
Supporting DACA Recipients through Advance Parole: A Role for Businesses
Companies can significantly assist Deferred Action for Childhood Arrivals (DACA) recipients by supporting opportunities for them to use “Advance Parole” (AP) to travel abroad temporarily. AP allows certain noncitizens, including DACA recipients, to legally reenter the U.S. after traveling abroad, helping some overcome immigration barriers that previously hindered their adjustment to a more permanent immigration status. However, the DACA program is under threat and could be terminated at any time, leaving recipients in legal limbo. While the program remains, it is crucial to protect those in it and create opportunities for them to continue building their futures in the U.S. Businesses can support their DACA employees by helping them access AP opportunities, despite the high costs associated with this process.
Date: 2024/09/11
Disclaimer: The summarized content here is provided for informational purposes only. It does not constitute legal advice and may not be applicable to specific situations or circumstances. All news sources are acknowledged. If you need additional details follow the source link. This website/email assumes no liability for any errors.