Self Petition News – 2024-10-13
News Articles:
- November 2024 Visa Bulletin Released by U.S. Department of State: Little Movement in Employment-Based Categories Noted.
- USCIS Launches New Online Filing Process for Immigration Forms.
- Self Petition FAQ: Can I apply for EB1A if I am a coach or trainer?
- USCIS Issues Policy Alert Clarifying EB1 Eligibility Criteria: Implications and Legal Support.
- Updates on US Immigration Changes: Qatar Joins Visa Waiver Program, H-2B Visa Cap Reached, and New Procedures for Liberians.
- Understanding the I-9 Form and Employment Eligibility Verification in the United States.
- Nigerian Engineer Bathlomew Ebika Earns US National Interest Waiver for Exceptional Contributions to Engineering and Research.
- Immigration Attorney Thomas J. Arkell to Hold Free Seminar at Southern Illinois University.
- Self Petition FAQ: How long does it take to get a Green Card after NIW approval?
- Pathways to U.S. Permanent Residency for Highly Skilled Foreign Workers: The Role of PERM and National Interest Waiver.
November 2024 Visa Bulletin Released by U.S. Department of State: Little Movement in Employment-Based Categories Noted
The U.S. Department of State (DOS) has released the November 2024 Visa Bulletin, revealing little movement in employment-based categories. The exception is the EB4 program for certain religious workers, reauthorized by Congress through 20 Dec. 2024. EB1 China and EB1 India cutoff dates remain unchanged at 08 Nov. 2022 and 01 Feb. 2022 respectively. The EB2 cutoff dates for China and India remain at 22 Mar. 2020 and 15 Jul. 2012, while EB3 cutoff dates remain unchanged. The EB4 cutoff date for all countries remains set at 01 Jan. 2021. In the EB5 category, China and India’s unreserved cutoff dates remain at 15 Jul. 2016 and 01 Jan. 2022 respectively. EB5 remains current for all other categories and countries.
Date: 2024/10/11
USCIS Launches New Online Filing Process for Immigration Forms
The U.S. Citizenship and Immigration Service (USCIS) has launched a new online filing process, enabling individuals to upload completed PDF application forms, rather than filling out an online form or posting documents. Initially, the process is limited to forms I-765 (employment authorization) and I-912 (fee waiver), and is only open to applicants in certain adjustment of status categories. Although a fee is usually required, fee waivers are available. To use the service, individuals must download the relevant form, fill it out, and upload it via their myUSCIS account. The USCIS will accept or reject the filing within 30 days. Currently, the service is only available to individual applicants not represented by an attorney, but there are plans to expand it in future.
Date: 2024/10/10
Self Petition FAQ: Can I apply for EB1A if I am a coach or trainer?
Yes, you can apply for EB1A as a coach or trainer. This category is not limited to people with advanced degrees; it is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The key to a successful EB1A application is demonstrating that you have “sustained national or international acclaim” and that your achievements have been recognized in your field of expertise. This could include awards, media coverage, or a high salary relative to others in the field. You also need to show that you will continue working in your area of expertise in the U.S., and that your work will substantially benefit the U.S.
Date: 2024/10/13
USCIS Issues Policy Alert Clarifying EB1 Eligibility Criteria: Implications and Legal Support
The U.S. Citizenship and Immigration Services (USCIS) has issued a policy alert to clarify eligibility criteria for the employment-based, first preference (EB1) category for persons of extraordinary ability. The changes are generally positive for EB1(a) petitioners, but it’s important to stay updated with the USCIS Policy Manual as even minor changes can significantly impact cases. The Murthy Law Firm offers consultation and representation for clients on U.S. immigration matters, both within the U.S. and abroad.
Date: 2024/10/07
Updates on US Immigration Changes: Qatar Joins Visa Waiver Program, H-2B Visa Cap Reached, and New Procedures for Liberians
Smith Stone Walters, a firm specializing in UK immigration, has shared updates on recent US immigration changes. The US has designated Qatar into the Visa Waiver Program (VWP), making it the first Gulf country to join the program. From December 2024, Qatari citizens can apply to travel to the US for up to 90 days without a visa. The US Citizenship and Immigration Services (USCIS) has reached its cap on H-2B visas for temporary non-agricultural workers for the first half of fiscal year 2025. USCIS has also established procedures for Liberians covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid until June 2026.
Date: 2024/10/06
Understanding the I-9 Form and Employment Eligibility Verification in the United States
When hiring a new employee in the United States, it is required to verify their legal eligibility to work in the country. The employee must complete the I-9 Form, Employment Eligibility Verification, after a job offer has been made. The employer is responsible for ensuring the form is completed and kept with other employment records. The I-9 form is divided into three parts, filled out by both the employee and employer. The employee provides personal information and attests to their eligibility to work in the U.S., while the employer verifies the employee’s documents and attests to their belief in the employee’s work authorization. The form is also used for re-verification when re-hiring an employee. Employers must retain I-9s for a minimum of three years.
Date: 2024/10/06
Nigerian Engineer Bathlomew Ebika Earns US National Interest Waiver for Exceptional Contributions to Engineering and Research
Nigerian engineer Bathlomew Ebika has earned the United States National Interest Waiver (NIW) for exceptional ability, due to his significant contributions to engineering and research. After earning his B. Eng in Electrical Engineering in Nigeria, he pursued a Master’s degree in Systems and Control Engineering at Case Western Reserve University (CWRU) in the U.S., where he later secured a full-time research position. His work in additive manufacturing and predictive modeling led to the development of a machine learning model for predicting bead height in 3D printing. He also serves as a Co-Investigator for NASA’s U.S. Research Collaboration (USRC) and contributes to the National Science Foundation’s NSF-HAMMER program. His work spans control systems, the Internet of Things (IoT), machine learning, and biomedical engineering.
Date: 2024/10/09
Immigration Attorney Thomas J. Arkell to Hold Free Seminar at Southern Illinois University
Immigration attorney Thomas J. Arkell will be holding a seminar at Southern Illinois University on October 8, 2024. The seminar, which is free and does not require pre-registration, will provide essential immigration information and employment options for faculty, staff, graduate and postdoctoral students. The Office of the Associate Provost for Academic Administration is co-presenting the seminar. It will take place at 1:30 p.m. in the Student Services Building, Room 170. For more information, contact Lori Johnson at 618-536-5535 or lorij20@siu.edu.
Date: 2024/10/08
Self Petition FAQ: How long does it take to get a Green Card after NIW approval?
The time it takes to get a Green Card after National Interest Waiver (NIW) approval can vary significantly and depends on several factors including the applicant’s country of origin, the current processing times at USCIS, and whether the applicant is applying from within the U.S. or from abroad. On average, it can take anywhere from 1 to 3 years. However, it’s important to note that the NIW is just one step in the process. After the NIW is approved, the applicant must then file an I-485 to adjust their status to a permanent resident, which can also take several months to process. For those with advanced degrees, the NIW is a valuable path to a Green Card as it waives the requirement of a job offer and labor certification, allowing them to self-petition based on their contribution to their field of expertise.
Date: 2024/10/13
Pathways to U.S. Permanent Residency for Highly Skilled Foreign Workers: The Role of PERM and National Interest Waiver
The U.S. benefits greatly from highly trained foreign nationals who work and innovate in the country, often on temporary visas. When these visas expire, one pathway to permanent residency, or a “green card”, is through the Permanent Labor Certification (PERM) process. However, this requires a U.S. employer to demonstrate that no suitable U.S. worker is available for the job, a process that can be complex and expensive. An alternative is the National Interest Waiver, which bypasses the labor certification process for those with advanced degrees or exceptional ability, provided they can demonstrate their work is in the U.S.’s interest. The Biden-Harris administration affirmed this exception in January 2022, particularly for those in science, technology, engineering, and math fields.
Date: 2024/10/06
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