H1B, J1, F1, Visa News – 2024-09-25
News Articles:
- Self Petition FAQ: Can I apply for concurrent I-140 and I-485 filings under NIW?
- Understanding the Disclosure Requirements of Foreign Worker Ownership in the PERM Labor Certification Process.
- Exploring the Rising Trend of EB2-to-EB3 ‘Downgrade’ Filings in US Immigration Process.
- Self Petition FAQ: What if my work has commercial or critical success?
Self Petition FAQ: Can I apply for concurrent I-140 and I-485 filings under NIW?
Yes, you can apply for concurrent I-140 (Immigrant Petition for Alien Workers) and I-485 (Application to Register Permanent Residence or Adjust Status) filings under the EB2-NIW (National Interest Waiver) category. This process is known as “concurrent filing” and it can potentially expedite the green card process. However, it’s essential to remember that the I-140 must be approved for the I-485 to be approved. If the I-140 is denied, the I-485 will also be denied. For someone with an advanced degree, the NIW category can be beneficial because it waives the requirement of a job offer and labor certification, allowing you to self-petition. This means that you can apply for a green card based on your qualifications, skills, and the benefit your work brings to the U.S. without needing an employer to sponsor your application.
Date: 2024/09/25
Understanding the Disclosure Requirements of Foreign Worker Ownership in the PERM Labor Certification Process
The ETA form 9089, or PERM labor certification, requires employers to disclose any ownership interest a foreign worker has in the sponsoring entity. This is to ensure the integrity of the process and protect US workers. The Department of Labor (DOL) believes that if a foreign worker has an ownership interest, a company’s recruitment efforts could be questionable. The PERM process also requires a genuine job opportunity for US workers, which may not exist if a foreign worker’s ownership makes them irreplaceable. The DOL may view this as self-employment, which is not allowed under the PERM process. Failure to disclose an employee’s ownership interest can result in severe consequences, including revocation of the approved I-140 petition, delays in obtaining a green card, or findings of fraud or misrepresentation.
Date: 2024/09/23
Exploring the Rising Trend of EB2-to-EB3 ‘Downgrade’ Filings in US Immigration Process
The employment-based, second preference (EB2) category for India has historically been more favorable than the third preference (EB3), but this has changed, leading to increased interest in EB2-to-EB3 ‘downgrade’ filings. A downgrade case is where an employer files 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 with the EB3 case if the EB3 category has a more favorable cutoff date. There are no laws prohibiting such filings and the U.S. Citizenship and Immigration Services (USCIS) treats an I-140 downgrade filing like any other I-140 petition. However, potential risks include the employer’s ability to pay the salary listed in the PERM LC from the date it was certified. Therefore, employers should consult with an experienced immigration attorney before filing an I-140 downgrade petition.
Date: 2024/09/19
Self Petition FAQ: What if my work has commercial or critical success?
Commercial or critical success of your work can significantly strengthen your EB1A green card self-petition. For advanced degree holders, this can be particularly beneficial as it validates the significance and impact of your work in your field. USCIS may consider commercial success as a form of “sustained national or international acclaim”, one of the key criteria for EB1A eligibility. You would need to provide substantial evidence of this success, such as sales figures, profits, or other financial data. Critical success can be demonstrated by positive reviews, awards, or other recognitions from reputable sources. Remember, the more compelling the evidence, the stronger your case will be. It’s also important to note that while commercial or critical success can help, it is only one factor among many that USCIS considers in EB1A petitions.
Date: 2024/09/25
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