Self Petition News – 2024-09-22
News Articles:
- Self Petition FAQ: Can I use media coverage of my work as evidence?
- Understanding the Shift from EB2 to EB3 Downgrade Filings in Indian Employment-Based Immigration.
- Understanding the PERM Labor Certification Process for Employment-Based Green Card Applications: A Guide for Foreign Nationals and Recent Graduates.
- Potential Impact of Trump’s Second Term on H-1B Visa Holders and Their Spouses.
- USCIS Extends Automatic Renewal of Employment Authorization Documents to Support Noncitizen Workers.
- Olympic Medals Now Recognized in EB1A Visa Program, Leading to Increase in Applications.
- Self Petition FAQ: What is the “Dhanasar” standard for NIW adjudication?
- U.S. State Department Releases October 2024 Visa Bulletin: Changes in Green Card Waiting Periods Detailed.
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: 2024/09/22
Understanding the Shift from EB2 to EB3 Downgrade Filings in Indian Employment-Based Immigration
The employment-based, second preference (EB2) category for India historically had a more favorable cutoff date than the third preference (EB3) category. However, this has changed, leading to increased interest in EB2-to-EB3 downgrade filings. A downgrade case involves the employer filing an I-140 petition in the EB3 category based on a PERM labor certification approved for a position that qualifies under the EB2 category. The EB2 priority date can be used for the EB3 case, making it a good option when the EB3 category has a more favorable cutoff date. There is no law or regulation prohibiting such filings. However, the employer may face challenges in satisfying the ability-to-pay requirement, which could result in the denial of the I-140 petition. An experienced immigration attorney should be consulted before filing an I-140 downgrade petition.
Date: 2024/09/19
Understanding the PERM Labor Certification Process for Employment-Based Green Card Applications: A Guide for Foreign Nationals and Recent Graduates
The PERM labor certification is the initial step in most employment-based green card cases. It’s a forward-looking process resulting in a future job offer, which can serve as a basis for a foreign national’s green card application. However, it doesn’t grant direct immigration status, so beneficiaries need to be in valid nonimmigrant status during the process. Many F-1 students can get one year of optional practical training (OPT) after graduation, and possibly two more years if they have a STEM degree. However, the duration often doesn’t cover the full PERM process, so alternative nonimmigrant status, like H1B, should be considered early. The process is complex and time-consuming, with unique challenges for recent graduates. The Murthy Law Firm offers representation and assistance throughout the process.
Date: 2024/09/16
Potential Impact of Trump’s Second Term on H-1B Visa Holders and Their Spouses
Donald Trump’s immigration policy during his first term has caused difficulties for work visa holders in the US. If Trump wins a second term, according to Forbes, it is expected that H-1B visa holders and their spouses will face tougher challenges. The Trump administration may attempt to remove work authorization for H-1B spouses or impose long processing delays. This could also affect those waiting for employment-based green cards. In 2015, the Obama administration issued a rule allowing the spouses of H-1B visa holders to work in the US, but in 2018, the Trump administration announced plans to eliminate this rule. If Trump wins another term, his immigration team could remove the ability of H-1 dependent spouses to work.
Date: 2024/09/18
USCIS Extends Automatic Renewal of Employment Authorization Documents to Support Noncitizen Workers
The US Citizenship and Immigration Services (USCIS) has extended the automatic renewal period for Employment Authorization Documents (EADs) from 180 to 540 days. This move is aimed at providing stability for noncitizens working legally in the US and preventing employment gaps while renewal applications are processed. The rule change, part of a broader USCIS initiative to streamline processes and support noncitizen employment, will be in effect from April 8, 2024, to September 20, 2027. It includes updates to employment authorization regulations for dependent spouses of certain nonimmigrants, increased flexibilities for nonimmigrant workers who resign or face termination, and expanded eligibility for religious workers. The rule change is expected to benefit thousands of noncitizens who rely on EADs for their livelihoods.
Date: 2024/09/15
Olympic Medals Now Recognized in EB1A Visa Program, Leading to Increase in Applications
The EB1A visa program, designed for individuals with “extraordinary ability” in their fields, now recognizes Olympic medals as a “one-time achievement” of an internationally recognized award, simplifying the application process for athletes. However, applicants must show they continue contributing to their sport and maintain high recognition. The new policy has led to a 15% rise in EB1A applications from athletes with Olympic achievements. Public relations firm Baden Bower helps athletes enhance their visa applications through strategic media efforts and storytelling. While Olympic medalists have an advantage, the EB1A is also open to non-medalists who excel in other areas and can meet at least three of ten benchmarks. Baden Bower achieved a 75% approval rate for the EB1A applications it managed last year.
Date: 2024/09/20
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: 2024/09/22
U.S. State Department Releases October 2024 Visa Bulletin: Changes in Green Card Waiting Periods Detailed
The U.S. Department of State has released its Visa Bulletin for October 2024. The bulletin shows changes in the waiting periods for green cards across family and employment-based categories. Notably, there’s a one-month change for all countries in the F-2A category, a four- to six-month change for all countries in the EB-2 category, and a seven-month, two-week retrogression for China in the EB-3 category. The bulletin also provides cut-off dates for various countries under different categories. The wait time for a green card depends on the applicant’s category and the backlog in their country. The bulletin advises tracking patterns over multiple months to get a better sense of waiting times.
Date: 2024/09/15
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.