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Green Card Self Petition

Self Petition News – 2024-10-06

October 6, 2024

News Articles:


Recent Changes in US Immigration Policies: Updates from Smith Stone Walters

Smith Stone Walters, a UK immigration specialist, has noted several recent changes to US immigration policies. Qatar has been added to the Visa Waiver Program (VWP), allowing its citizens to travel to the US for up to 90 days without a visa from 1 December 2024. The cap on H-2B visas for temporary non-agricultural workers for the first half of fiscal year 2025 has been reached. Additionally, procedures have been established for Liberians covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid until 30 June 2026. The firm offers expert assistance in corporate transfers and individual visa applications, with a team of partners and specialists around the world.

Date: 2024/10/05

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Justice Department Settles Employment Discrimination Cases: A Lesson for Employers

The Immigrant and Employee Rights Section (IER) of the Department of Justice has recently settled several cases of employment discrimination, serving as valuable lessons for employers. In one case, a transportation and parking management company refused to honor an employee’s valid Employment Authorization Document (EAD) because it appeared expired, even though it had been automatically extended. The company was ordered to reinstate the employee, pay backpay and civil penalties, and revise any problematic policies. Another case involved a transportation management company that withdrew a job offer because the candidate was not a U.S. citizen, resulting in backpay and civil penalties. A third case saw a staffing company fined for requiring non-U.S. citizens to present specific types of documentation to prove their permission to work.

Date: 2024/10/02

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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: 2024/10/06

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Pathways to Permanent Residency for Foreign Nationals in U.S. Higher Education: The National Interest Waiver

The U.S. higher education system is often a pathway for foreign nationals to contribute to the country’s economy and society through innovation and discovery. When their temporary stay expires, one common way to obtain permanent residency is through the Permanent Labor Certification (PERM) process. This process requires a U.S. employer to prove that there is no suitable U.S. worker for the position before hiring a foreign national. However, this can be time-consuming and expensive. An alternative is the National Interest Waiver, which waives the requirement for a job offer and labor certification. This exception is particularly suitable for entrepreneurs and individuals with advanced degrees in areas important to U.S. competitiveness and national security. The Biden-Harris administration affirmed this exception in January 2022.

Date: 2024/10/04

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Recent Changes in US High-Skilled Immigration Policies Aim to Attract STEM Talent

High-skilled immigration to the US has seen significant changes recently, particularly with the increase in approvals for O-1A visas and National Interest Waivers (NIW), following the Biden Administration’s 2022 guidance aimed at attracting STEM talent. The O-1A visa category is for individuals with extraordinary abilities in fields such as science, education, business, or athletics, and unlike the H-1B visa, there is no annual limit. The recent guidance clarified the eligibility criteria for O-1A visas and provided examples of evidence that could satisfy the criteria. The NIW allows individuals to bypass the labor certification process when applying for an employment-based green card if their work is deemed to have substantial merit and national importance. The 2022 guidance expanded the eligibility for NIWs, particularly for those in STEM fields.

Date: 2024/09/29

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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: 2024/10/06

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Intensifying Race for EB1A Visas: The Rising Role of PR Services in Securing Approvals

The race for EB1A visas, designed for individuals with “extraordinary ability” in fields like science, arts, education, business, or sports, is intensifying due to the looming fiscal year 2024 deadline. The U.S. Citizenship and Immigration Services (USCIS) reported a 30% increase in EB1A applications compared to the previous year. To stand out, applicants are increasingly using professional PR services such as Baden Bower, which helps clients fulfill critical EB1A criteria through customized strategies. This includes securing features in major publications, arranging speaking engagements, and facilitating industry awards. A study found that applicants with professional media coverage were 40% more likely to have their EB1A petitions approved without a request for evidence.

Date: 2024/10/02

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PR Firm Assists AI Experts with Visa Process Following Biden’s Executive Order

President Biden’s recent executive order on AI has simplified the visa process for AI experts seeking EB1A visas. This has led PR firm Baden Bower to assist these professionals in meeting the strict visa requirements. The firm helps applicants turn their technical achievements into compelling stories that align with immigration officials’ criteria. This includes getting clients featured in top-tier publications, securing speaking opportunities at leading AI conferences, and enhancing applicants’ visibility to industry leaders. The firm is preparing for an expected increase in EB1A applications from AI professionals following the executive order. It collaborates with immigration lawyers and AI experts to ensure its PR campaigns are legally sound and technically up-to-date.

Date: 2024/09/29

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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.