Self Petition News – 2024-09-29
In a week packed with immigration updates, the spotlight shines on AI professionals getting a golden ticket through Biden’s executive order. Olympic medalists are sprinting toward green cards as the EB1A program rolls out the red carpet for sports stars. Meanwhile, the immigration world is embracing its inner tech geek with Next League CEO introducing an AI framework for talent evaluation – because who doesn’t want a robot helping with their visa application? The buzz around concurrent I-140 and I-485 filings continues, offering a potential fast pass for NIW applicants. From prevailing wage determinations to the nitty-gritty of Form 9089, this week’s news covers everything from high-tech solutions to good old-fashioned paperwork, proving that the path to the American Dream is as diverse as the people pursuing it! 🚀🏅📊
News Articles:
- Understanding the Prevailing Wage Determination in Employment-Based Immigration Processes.
- Self Petition FAQ: Can I apply for concurrent I-140 and I-485 filings under NIW?
- Understanding the ETA Form 9089 and Its Importance in Permanent Employment Certification for Foreign Workers.
- Self Petition FAQ: What if my work has commercial or critical success?
- Significant Increase in O-1A Visas and National Interest Waivers for High-Skilled Immigrants in the US Following 2022.
- Next League CEO Develops AI-Based Framework for EB-1A Visa Talent Evaluation and Acquisition.
- Biden’s Executive Order Eases EB1A Visa Process for AI Professionals; PR Firm Assists with Requirements.
- EB1A Visa Program Updates: Easier Access to U.S. Residency for Olympic Medalists.
- Baden Bower Assists International Talent in Navigating the EB1A Visa Process through Media Coverage.
Understanding the Prevailing Wage Determination in Employment-Based Immigration Processes
Certain employment-based immigration processes, such as the PERM labor certification and H1B nonimmigrant visa classification, require employers to obtain a prevailing wage determination from the U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC). The DOL uses the O*NET classification system to determine the industry-norm for education, training, and experience for specific occupations. The wage level for a sponsored position increases in relation to the competency level required for a position. The employer or the DOL makes the wage level determination based on several factors. For a nonimmigrant visa, the prevailing wage amount must be paid to the sponsored employee at the time of hire. For the PERM labor certification, an employer will be required to pay the sponsored employee the prevailing wage upon the employee’s obtaining lawful permanent resident status.
Date: 2024/09/26
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: 2024/09/29
Understanding the ETA Form 9089 and Its Importance in Permanent Employment Certification for Foreign Workers
The ETA form 9089, or PERM labor certification, is an application for permanent employment certification that requires employers to disclose any ownership interest a foreign worker has in the sponsoring entity. This is to ensure the integrity of the process, protect U.S. workers, and confirm that a bona fide job opportunity exists. The U.S. Department of Labor (DOL) may consider the ownership interest as a form of self-employment if it makes the sponsoring entity inseparable from the sponsored employee. The DOL typically audits cases where the employer has disclosed the employee’s ownership interest. Failure to disclose this information can lead to severe consequences, including revocation of the approved I-140 petition, delays in the employee’s green card, or findings of fraud. It is recommended that employers consult with experienced immigration attorneys before entering such agreements.
Date: 2024/09/23
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: 2024/09/29
Significant Increase in O-1A Visas and National Interest Waivers for High-Skilled Immigrants in the US Following 2022
The US has seen a significant increase in approvals for O-1A visas and National Interest Waivers (NIW) for high-skilled immigrants, particularly in STEM fields, following the Biden Administration’s favorable 2022 guidance. The O-1A visa, designed for individuals with extraordinary abilities, has no annual limit, unlike the H-1B visa, making it more accessible. The 2022 guidance clarified eligibility for O-1A visas, leading to increased applications and approvals. NIWs, which bypass the labor certification process for green cards, also expanded eligibility. The changes have impacted approval rates, making it easier for high-skilled professionals to contribute to the US economy. Both visas offer a path to long-term tenure in the US without relying on the H-1B lottery. However, USCIS has begun issuing more Requests for Evidence on these visa applications.
Date: 2024/09/25
Next League CEO Develops AI-Based Framework for EB-1A Visa Talent Evaluation and Acquisition
Ranjeet Mudholkar, CEO of Next League Executive Board LLC, has devised a data-driven framework to help businesses evaluate talent, particularly for the EB-1A visa category. The EB-1A visa is a crucial pathway for skilled individuals, particularly in the technology and biotech sectors. Mudholkar, in collaboration with AI expert Ankit Virmani and law expert Mohammad Shair, developed the Mudholkar-Virmani-Shair Extraordinary Ability Score (MVS-EAS), a framework that uses artificial intelligence, advanced statistical methods and legal principles to objectively assess EB-1A petitions. This data-driven approach can improve the consistency and objectivity of the evaluation process, making it more transparent and equitable. The framework can also be used by businesses to refine their talent acquisition processes, moving from subjective assessments to objective, measurable outcomes.
Date: 2024/09/25
Biden’s Executive Order Eases EB1A Visa Process for AI Professionals; PR Firm Assists with Requirements
President Biden’s recent executive order on artificial intelligence (AI) has made it easier for AI professionals to secure EB1A visas. The order streamlines the visa process, prioritizes applications from AI professionals, and updates the criteria to better recognize their unique skills. Baden Bower, a public relations firm, is helping these professionals meet the strict visa requirements by turning their technical achievements into compelling stories that align with immigration officials. The firm’s strategy includes getting clients featured in top-tier publications, securing speaking opportunities at leading AI conferences, and enhancing applicants’ visibility to industry leaders. The order is part of a larger strategy to maintain U.S. leadership in AI advancement.
Date: 2024/09/25
EB1A Visa Program Updates: Easier Access to U.S. Residency for Olympic Medalists
The EB1A visa program now offers Olympic medalists easier access to U.S. permanent residency. Recent updates to the program recognize Olympic medals as a “one-time achievement” of an internationally recognized award, simplifying the application process. However, to obtain a green card through the EB1A, applicants must show that 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. The EB1A is also open to non-medalists who excel in other areas, provided they meet at least three of ten benchmarks. Professional support, such as that offered by public relations firm Baden Bower, can significantly improve the chances of securing the visa.
Date: 2024/09/22
Baden Bower Assists International Talent in Navigating the EB1A Visa Process through Media Coverage
Baden Bower, a leading public relations firm, is helping international talent navigate the EB1A visa process to work in the United States. The EB1A visa is for exceptionally skilled individuals who can enhance American industry and culture. With competition for these visas intensifying, Baden Bower guides applicants through the process, improving their chances of success. The firm uses its media connections to secure high-quality press coverage for applicants, providing tangible proof of their prominence. It also offers a money-back guarantee if it does not achieve publication. Baden Bower has assisted over 1,400 EB1A and O-1 visa applicants in securing positive media coverage, playing a crucial role in successful applications.
Date: 2024/09/22
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.