Immigration Visa News – 2024-10-02
Summary: Get ready for a triple-header of immigration insights! This week’s spotlight illuminates the family-friendly side of NIW petitions (spoiler alert: your spouse and kids under 21 can join your green card journey!). We’re also diving into the EB1A showdown between lab coats and track suits – turns out scientists and athletes play by the same rules, just with different equipment. Think published papers versus Olympic medals! Meanwhile, in the world of employment-based visas, the Department of Labor is playing salary matchmaker with their prevailing wage determinations. Whether you’re bringing groundbreaking research, record-breaking athletic achievements, or specialized skills to the table, Uncle Sam wants to ensure you’re paid what you’re worth! 🏃♂️🔬💰
News Articles:
- Self Petition FAQ: Can I include my family members in my NIW green card application?
- Self Petition FAQ: How does the EB1A application process differ for athletes versus scientists?
- Understanding Employment-Based Immigration Processes: Prevailing Wage Determination and Requirements.
Self Petition FAQ: Can I include my family members in my NIW green card application?
Yes, you can include your spouse and unmarried children under the age of 21 in your NIW green card application. They are considered derivative beneficiaries of your application and can apply for an adjustment of status to permanent residency along with you. This is beneficial as it allows your family to obtain their green cards without having to separately meet the eligibility requirements for the EB2-NIW category. For individuals with an advanced degree, this is particularly advantageous as it eases the immigration process for their family members who may not have similar educational qualifications. However, it’s important to note that each family member will need to submit separate forms and pay individual processing fees. The success of their applications is contingent upon the approval of your NIW petition.
Date: 2024/10/02
Self Petition FAQ: How does the EB1A application process differ for athletes versus scientists?
The EB1A application process for athletes and scientists is essentially the same, as both must demonstrate extraordinary ability in their respective fields. However, the key difference lies in the type of evidence provided. Athletes might present records of their performance in international competitions, awards, and testimonials from other recognized athletes, while scientists might present their research findings, patents, publications in prestigious journals, and letters of recommendation from other distinguished scientists. Both athletes and scientists must meet at least 3 out of 10 criteria set by USCIS or provide evidence of a one-time achievement (i.e., a major internationally recognized award). Therefore, the process and criteria are the same, but the evidence provided will depend on the specific field of extraordinary ability.
Date: 2024/10/02
Understanding Employment-Based Immigration Processes: Prevailing Wage Determination and Requirements
Employment-based immigration processes like PERM labor certification and H1B nonimmigrant visa classification require employers to obtain a prevailing wage determination from the U.S. Department of Labor (DOL). This wage is determined by the DOL using the O*NET classification system and Occupational Employment Statistics (OES) program. The DOL or employer assigns the wage level based on job requirements, education, work experience, special skills, supervisory duties, and in the case of PERM, travel requirements. The wage must be paid to the employee at the time of hire for nonimmigrant visas, and upon obtaining lawful permanent resident status for PERM labor certification. The employer must also show their ability to pay this wage from when the certification is filed until the employee obtains a green card.
Date: 2024/09/26
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