Self Petition News – 2024-11-10
News Articles:
- Empowering Webinar on U.S. Immigration Law for Employers and Employees.
- Self Petition FAQ: What if I am not sure if I qualify for EB1A?
- USCIS Extends Ruling on Unlawful Presence and Advance Parole: Implications and Complexities in Immigration Law.
- Self Petition FAQ: Is premium processing available for NIW petitions?
- Understanding Travel Rules for Lawful Permanent Residents in the U.S.
- High-Skilled Foreign Workers in the US Opt for Self-Petitioned Residency Amid Green Card Delays.
- Indian Families Concerned Over Potential Revocation of H-4 Work Permits Under Trump’s ‘America First’ Policy.
- Concerns Reignite Over Potential Termination of H-4 Visas Amid Trump’s Return.
- Potential Impact of USCIS Bundling Policy Expiration on H-1B and L-1 Visa Holders’ Dependents in 2025.
- USCIS Implements Changes Affecting Immigrants Applying for Work Permits and Permanent Residence.
- Alleged Employment Discrimination at Taco Bell: Immigrant with Work Authorization Denied Job.
Empowering Webinar on U.S. Immigration Law for Employers and Employees
A unique webinar is being organized to educate and empower employers and employees about U.S. immigration law. It will feature over 15 experienced immigration attorneys discussing key topics, with opportunities for audience Q&A. The webinar will be moderated by Sheela Murthy and Aron Finkelstein, and will offer real-time discussions without the need to leave your home or office. Topics will include strategies to grow your business, retain employees, overcoming specialty occupation RFEs and denials, using the 60-day grace period and exceptions, and more. The Murthy Law Firm, which will consult or represent clients on U.S. immigration matters, is organizing the webinar.
Date: 2024/11/07
Self Petition FAQ: What if I am not sure if I qualify for EB1A?
If you’re unsure about qualifying for EB1A, you can try the suggestion on the self-assessment page of our website or you should consult with an immigration attorney who specializes in EB1A petitions. Having an advanced degree can contribute to your eligibility, but it’s not the only factor considered. USCIS considers various elements such as awards, media coverage, judge work, scholarly articles, original contributions, and more. It’s crucial to demonstrate that you’ve sustained national or international acclaim and your achievements have been recognized in your field of expertise.
Date: 2024/11/10
USCIS Extends Ruling on Unlawful Presence and Advance Parole: Implications and Complexities in Immigration Law
The USCIS has extended the ruling from the Matter of Arrabally and Yerrabelly (2012) to apply to situations where a person accrues one year or more of unlawful presence in the U.S. but obtains an advance parole (AP) document before leaving. This means that regardless of the duration of unlawful presence, an individual will not be subject to a three- or ten-year bar if they obtain an AP document before departing. However, the U.S. Department of State maintains that the protections against these bars do not apply to a foreign national who wishes to obtain a nonimmigrant visa. These differing interpretations highlight the complexity of the immigration system and the importance of understanding these nuances when navigating immigration pathways.
Date: 2024/11/07
Self Petition FAQ: Is premium processing available for NIW petitions?
No, premium processing is not available for EB2-NIW (National Interest Waiver) petitions. Premium processing is a service provided by USCIS that expedites the processing of certain employment-based visa petitions. However, as of now, USCIS does not offer this service for EB2-NIW petitions. This means that the processing times for these petitions can vary and may take several months. For individuals with advanced degrees, this might mean a longer wait time for their green card application to be processed. However, having an advanced degree can potentially strengthen the case for a National Interest Waiver, as demonstrating exceptional ability and benefit to the U.S. is key in a successful NIW petition.
Date: 2024/11/10
Understanding Travel Rules for Lawful Permanent Residents in the U.S.
Lawful Permanent Residents (LPRs) in the U.S. can travel freely to and from the country, but there are limits to how long they can stay abroad. If an LPR plans to stay outside of the U.S. for more than a year, they need to apply for a reentry permit before leaving. This permit can also serve as evidence against a presumption of LPR abandonment if the individual stays abroad for an extended period. However, it does not exempt an individual from the requirement to demonstrate continuous residence in the U.S. for naturalization. To apply for a reentry permit, an LPR must file form I-131 with the U.S. Citizenship and Immigration Services (USCIS) while physically present in the U.S. The initial reentry permit is valid for two years, but can’t be renewed or extended.
Date: 2024/11/04
High-Skilled Foreign Workers in the US Opt for Self-Petitioned Residency Amid Green Card Delays
High-skilled foreign workers in the US are increasingly pursuing long-term permanent residency without company sponsorship due to growing wait times for employment-based green cards. Recent Department of Homeland Security guidance has highlighted pathways to green cards for workers with “extraordinary ability” or those contributing to national interest. However, delays in labor certification and anxieties over administration changes are prompting many workers to self-petition for tougher green card categories. Total immigrant worker petitions submitted for EB-1 visas for workers with extraordinary ability rose 75% in the past four fiscal years, reaching over 37,000 in 2023. Attorneys and workers are becoming better educated about green card categories that don’t require employer sponsorship, making them increasingly attractive.
Date: 2024/11/09
Indian Families Concerned Over Potential Revocation of H-4 Work Permits Under Trump’s ‘America First’ Policy
Following Donald Trump’s election win, over 100,000 Indian families are worried about the potential revocation of work permits for H-4 dependent spouses under Trump’s ‘America First’ policy. H-4 visas are granted to spouses of H-1B visa holders, allowing them to work in the U.S. and integrate into American society. Trump’s previous ‘Buy American, Hire American’ Executive Order included measures to revoke work authorization for H-4 dependent spouses, but the proposal was withdrawn in January 2021 by the Biden administration. To apply for H-4 status, spouses must provide documentation such as a marriage certificate, joint bank statements, and a valid passport.
Date: 2024/11/10
Concerns Reignite Over Potential Termination of H-4 Visas Amid Trump’s Return
The return of former President Donald Trump has reignited concerns about the potential termination of work authorization for families of foreign workers on H-4 visas. The H-4 visa, issued to spouses of H-1B workers, allows many qualified professionals to contribute to the US economy. The H-4 work permit or Employment Authorization Document (EAD) provides essential opportunities for spouses to integrate into American society. However, Trump’s focus on prioritizing American workers could target H-4 work permits again, disrupting the careers and financial stability of these families. Despite ongoing legal challenges, the regulation has not been overturned. The Biden administration had previously reversed Trump’s plan to revoke H-4 work authorization, providing relief for families.
Date: 2024/11/09
Potential Impact of USCIS Bundling Policy Expiration on H-1B and L-1 Visa Holders’ Dependents in 2025
In January 2025, the settlement agreement allowing the USCIS to bundle adjudication of extensions of stay and applications for employment authorization documents (EADs) for dependent spouses of H-1B and L-1 visa holders will expire. The expiration could lead to lengthy processing times and potential gaps in employment authorization for some dependents and their employers. USCIS’ bundling policy allows for concurrent adjudication of H-4 and L-2 dependents’ requests with the principal’s H or L extension. Other existing USCIS policies could help mitigate gap issues for dependents needing only employment authorization and possessing valid status. Employers are advised to consider the potential impact of the policy’s expiration and to develop a strategy with immigration counsel.
Date: 2024/11/08
USCIS Implements Changes Affecting Immigrants Applying for Work Permits and Permanent Residence
The U.S. Citizenship and Immigration Services (USCIS) has implemented changes that affect immigrants applying for a work permit or permanent residence in the US. The changes specifically affect forms I-485, I-765, and I-539, which are essential for these applications. As of October 28, only the most recent editions of these forms will be accepted, with older forms being automatically rejected. Authorities recommend checking the edition dates of these forms to avoid delays. Employers in the US are required to verify that their employees possess a valid Employment Authorization Document (EAD). For those applying for a Green Card, form I-485 is required, which costs $1,140 plus an additional $85 for biometric services.
Date: 2024/11/07
Alleged Employment Discrimination at Taco Bell: Immigrant with Work Authorization Denied Job
Katerin Escalante, a Honduran immigrant, was denied a job at Taco Bell in Lawrence, Massachusetts, despite having federal work authorization through an Obama-era program for immigrants who entered the US as minors. The restaurant manager allegedly told her that her work authorization and social security number were not sufficient and she needed a US passport or green card. Lawyers for Civil Rights, representing Escalante, have threatened legal action against Charter Foods North, the company that operates the Taco Bell location, for this alleged employment discrimination. This case highlights the challenges faced by immigrants with work authorizations, as some employers either misunderstand the law or fear the potential revocation of the work authorization program.
Date: 2024/11/05
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.