H1B, J1, F1, Visa News – 2024-10-16
News Articles:
- November 2024 Visa Bulletin: No Changes in Employment-Based Categories, EB4 Program Reauthorized.
- USCIS Introduces New Online Filing Process for Certain Immigration Forms.
- Self Petition FAQ: Can I apply for an NIW if I have a pending H-1B or other visa status?
- Biden Administration Ends Temporary Humanitarian Program for Certain Migrants, Updates on DACA, Border Crossings, and Visa Waiver Program.
- The Impact and Importance of H-1B Visa Workers in the U.S. Labor Market.
- Self Petition FAQ: What if I have significant contributions to my field but no major awards?
- Confusion Among International Students Over Recent USCIS Policy Manual Update.
- The Impact and Significance of the H-1B Visa Program in the U.S. Economy.
November 2024 Visa Bulletin: No Changes in Employment-Based Categories, EB4 Program Reauthorized
The US Department of State (DOS) has released the November 2024 Visa Bulletin, revealing no changes in employment-based categories, except for the EB4 program for certain religious workers. The EB4 program was reauthorized by Congress until December 20, 2024. Cutoff dates for EB1, EB2, and EB3 categories for China and India remain unchanged, as well as for all other countries. The EB5 category for China and India also remains the same. The Murthy Law Firm will continue to monitor and report on the monthly visa bulletin.
Date: 2024/10/11
USCIS Introduces New Online Filing Process for Certain Immigration Forms
The U.S. Citizenship and Immigration Service (USCIS) has launched a new online filing process, allowing individuals to file certain forms online by uploading a PDF application. Initially, the process is limited to form I-765, application for employment authorization, and form I-912, request for fee waiver. The process is currently only open to applicants in certain adjustment of status categories. Individuals must download the PDF form, complete it, and then file it with the USCIS through their myUSCIS account. Fees must be paid online or a fee waiver requested using form I-912. The USCIS will either accept or reject the filing within 30 days. The new process is currently only available to individual applicants not represented by an attorney.
Date: 2024/10/10
Self Petition FAQ: Can I apply for an NIW if I have a pending H-1B or other visa status?
Yes, you can apply for a National Interest Waiver (NIW) even if you have a pending H-1B or other visa status. You can hold multiple immigration petitions at the same time. The EB2-NIW category is not dependent on your current visa status. However, it’s important to note that applying for an NIW does not automatically grant you a change of status. You will still need to maintain your current visa status while your NIW application is being processed. For individuals with advanced degrees, the EB2-NIW category can be a beneficial pathway to permanent residency as it waives the requirement for a job offer and labor certification, provided you can demonstrate that your work is of substantial intrinsic merit and national importance.
Date: 2024/10/16
Biden Administration Ends Temporary Humanitarian Program for Certain Migrants, Updates on DACA, Border Crossings, and Visa Waiver Program
The Biden administration has decided not to renew a temporary humanitarian program that allows migrants from Cuba, Venezuela, Haiti, and Nicaragua to legally stay in the U.S., putting many at risk of deportation. Meanwhile, the Deferred Action for Childhood Arrivals (DACA) program, which protects over 535,000 undocumented immigrants, is being debated in a federal appeals court. In September, illegal crossings at the U.S.-Mexico border fell to their lowest level since 2020 due to President Biden’s restrictions on asylum seekers. The Department of Homeland Security (DHS) plans to add Qatar to the Visa Waiver Program starting December 1, 2024. The U.S. Citizenship and Immigration Services (USCIS) is also updating Form I-131, used for travel, parole, and arrival/departure documents.
Date: 2024/10/12
The Impact and Importance of H-1B Visa Workers in the U.S. Labor Market
Foreign workers, particularly in the STEM fields, fill a critical need in the U.S. labor market. The H-1B visa allows employers to hire highly educated foreign professionals for specialty occupations. However, demand for H-1B visas has often exceeded the available number, which is capped annually at 65,000, plus an additional 20,000 for foreign professionals with a U.S. master’s degree or doctorate. Research suggests H-1B workers complement U.S. workers, fill employment gaps, and expand job opportunities. Changes to the H-1B petition process, including a registration system and a beneficiary-centric system, aim to reduce burden on employers and prevent system abuse. Despite a decrease in H-1B visa holders admitted in 2020 due to COVID-19 restrictions, their economic contributions remain significant, with low unemployment rates in occupations employing large numbers of H-1B workers.
Date: 2024/10/09
Self Petition FAQ: What if I have significant contributions to my field but no major awards?
Even without major awards, you can still qualify for an EB1A green card if you meet other criteria demonstrating your extraordinary ability. As an individual with an advanced degree, your significant contributions to your field can be demonstrated through other evidence such as published material about you, your membership in associations, your role in judging the work of others, or your original scholarly contributions. USCIS uses a points-based system and you need to meet at least three out of ten criteria to be eligible. Therefore, while major awards can strengthen your case, they are not the only way to establish your eligibility. You can take help from our DIY packets or consult an immigration attorney to present a strong case based on your specific circumstances and achievements.
Date: 2024/10/16
Confusion Among International Students Over Recent USCIS Policy Manual Update
A recent update to the USCIS policy manual has caused confusion among international students studying in the US on F-1 visas. The change implies that students studying abroad for more than five months must reapply for a new visa. However, the Student and Exchange Visitor Program (SEVP), which manages non-immigrant student visas, stated that this was not a deliberate policy change and that the language in the manual was not intended to be a deviation from the existing rules. Immigration lawyers and study abroad advisors have called on the government to clarify the situation. The confusion is causing problems for students and universities, with some institutions flying students back to the US to protect their visas.
Date: 2024/10/16
The Impact and Significance of the H-1B Visa Program in the U.S. Economy
The H-1B visa program allows U.S. employers to hire highly skilled foreign professionals in fields such as science, technology, engineering, and mathematics (STEM). However, the demand for H-1B visas often exceeds the supply, with the annual cap of 65,000 visas often reached before the year ends. Research indicates that H-1B workers complement U.S. workers, fill employment gaps in STEM occupations, and expand job opportunities. The H-1B visa program has undergone changes, including a shift to a registration process for employers and a beneficiary-centric system to prevent system abuse. Despite restrictions and the COVID-19 pandemic, the number of H-1B visa holders in the U.S. has gradually increased. These workers contribute significantly to the U.S. economy, often creating new jobs and businesses, and their presence is particularly important in times of national emergencies.
Date: 2024/10/09
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