H1B, J1, F1, Visa News – 2024-11-13
News Articles:
- December 2024 Visa Bulletin Released: Minimal Changes in EB Category Cutoff Dates.
- Self Petition FAQ: What is the difference between a national interest waiver and a labor certification?
- Self Petition FAQ: What is the EB1A green card?
- Understanding the PERM Labor Certification Process for Employment-Based Green Cards.
- Understanding the Impact of New Administration on US Immigration Law: An Interactive Webinar.
- USCIS Clarifies Policy on Three- and Ten-Year Bars for Overstayed I-94 Visas: Potential Impact on Noncitizens.
- Trump’s First Term Policies on H-1B Visas and Potential Impact on Future Immigration Regulations.
- LSU Basketball Player Last-Tear Poa Sues USCIS Over Denied Athlete Visa Application.
- Federal Judge Strikes Down Biden Administration’s ‘Parole in Place’ Immigration Rule.
- Potential Changes to DACA and TPS Policies Under Trump’s Administration.
December 2024 Visa Bulletin Released: Minimal Changes in EB Category Cutoff Dates
The U.S. Department of State has released the December 2024 Visa Bulletin with minimal changes from the previous month. The EB1 cutoff dates remain at 08.Nov.2022 for China and 01.Feb.2022 for India, while it is current for all other countries. In the EB2 category, India’s cutoff date has moved to 01.Aug.2012, while China’s remains at 22.Mar.2020, and all other countries at 15.Mar.2023. EB3 India’s cutoff date has improved slightly to 08.Nov.2012, while China’s remains at 01.Apr.2020, and all other countries at 15.Nov.2022. The EB4 cutoff date for all countries is set at 01.Jan.2021. In the EB5 category, China’s unreserved cutoff date remains at 15.Jul.2016 and India’s at 01.Jan.2022, while it remains current for all other countries.
Date: 2024/11/12
Self Petition FAQ: What is the difference between a national interest waiver and a labor certification?
A labor certification is a document that an employer must obtain to sponsor a foreign worker for a green card. The employer must demonstrate that there are no qualified U.S. workers available for the job and that the foreign worker’s employment will not adversely affect U.S. workers. On the other hand, a national interest waiver (NIW) is a type of green card application under the EB2 category where the applicant can bypass the labor certification process. The applicant must demonstrate that their work is of national interest to the U.S., and it is beneficial to waive the labor certification requirement. For individuals with an advanced degree, the NIW is particularly beneficial as it allows them to self-petition for a green card without an employer sponsor, providing more flexibility and independence in their career path.
Date: 2024/11/13
Self Petition FAQ: What is the EB1A green card?
The EB1A green card is a special immigrant visa category for individuals who have extraordinary ability in the arts, sciences, education, business, or athletics. This type of visa allows these exceptionally talented individuals to live and work permanently in the United States. The EB1A category is particularly attractive because it is a first preference visa, meaning that it is given priority over other employment-based visas. This often results in faster processing times compared to other green card categories. In addition, EB1A applicants can self-petition, meaning they do not need a specific job offer or employer sponsorship to apply. Note that current processing times and priority dates for applicants can be found on the USCIS and the latest Visa Bulletin from the Department of State websites respectively.
Date: 2024/11/13
Understanding the PERM Labor Certification Process for Employment-Based Green Cards
The PERM labor certification is the first step in most employment-based green card cases. A crucial part of the PERM process is the labor market test, where the employer must show through a strict recruitment process that no qualified U.S worker is willing to take the job. The employer must conduct good-faith recruitment, which is not specifically defined in law, so we look to adjudication trends and analysis to understand the Department of Labor’s (DOL) reasoning. The DOL requires employers to ensure the job opportunity is open to any qualified U.S. worker and they can only reject U.S. workers for lawful job-related reasons. Employers must show serious intent to consider all qualified applicants to avoid certification denial. They must also contact all potentially qualified U.S. applicants and inquire further if it is unclear whether they meet the job requirements.
Date: 2024/11/11
Understanding the Impact of New Administration on US Immigration Law: An Interactive Webinar
This webinar will discuss the impact of a new administration on US immigration law. Moderated by Sheela Murthy and Aron Finkelstein, it will feature interactive panels with over 15 experienced immigration attorneys. Topics include H1B cap registration issues, strategies for PERM and I-140 petition filings, and litigation strategies for employers and employees. The webinar is designed to educate and empower employers and employees, offering strategies to grow businesses and retain valued employees. Participants will have the opportunity to ask questions in real time without leaving their home or office. The Murthy Law Firm can consult and represent clients in the US or abroad on immigration matters.
Date: 2024/11/07
USCIS Clarifies Policy on Three- and Ten-Year Bars for Overstayed I-94 Visas: Potential Impact on Noncitizens
The USCIS has clarified its policy on the three- and ten-year bars applied to those who overstay their I-94 visas in the US. Previously, a foreign national who accrued unlawful presence but obtained an advance parole (AP) document before leaving the US was not subject to the three-year bar. USCIS has now extended this to the ten-year bar. However, the Department of State (DOS) maintains that this protection does not apply to those applying for a nonimmigrant visa. This difference in interpretation could significantly impact noncitizens navigating the immigration system, influencing strategies adopted by lawyers and noncitizens when addressing their immigration status.
Date: 2024/11/07
Trump’s First Term Policies on H-1B Visas and Potential Impact on Future Immigration Regulations
During his first term, President Donald Trump did not enact any measures to increase access to H-1B visas and high-skilled immigrants. If he wins a second term, it is expected to follow a similar pattern. Trump’s administration has previously published a restrictive H-1B rule, aimed at preventing companies from employing foreign-born scientists and engineers, which was blocked by a judge. The Biden administration has proposed a rule on “Modernizing H-1B Requirements”, which if not finalized before Biden leaves office, could be issued by a new Trump administration with its own priorities. This could result in a far more restrictive H-1B regulation. Trump’s administration has also increased the denial rate for H-1B petitions and made it more costly to file for them.
Date: 2024/11/11
LSU Basketball Player Last-Tear Poa Sues USCIS Over Denied Athlete Visa Application
LSU women’s basketball player Last-Tear Poa has filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS) after her P-1A Athlete visa application was denied. The visa is intended for internationally recognized athletes coming to the U.S. to compete at a major level. Poa, originally from Australia, joined LSU in 2022 and contributed to the team’s first national championship title in the 2022-23 season. She currently holds an F-1 student visa, which restricts her from certain income opportunities, including partnering with brands for sponsored content. The lawsuit highlights the lack of guidance from USCIS for international athletes, who make up about 12% of all Division I student-athletes, regarding their ability to earn income.
Date: 2024/11/06
Federal Judge Strikes Down Biden Administration’s ‘Parole in Place’ Immigration Rule
A federal judge has ruled against the Biden Administration’s “parole in place” rule, which would have allowed certain undocumented immigrants to stay in the U.S. while applying for permanent residency. The rule was challenged by Missouri Attorney General Andrew Bailey and attorneys general from 16 other states, who argued it bypassed Congress’s authority on immigration policy. The court ruled that the Department of Homeland Security exceeded its authority in creating the program, which intended to streamline the application process for spouses and stepchildren of U.S. citizens. The states argued that the program posed risks to immigration enforcement and public safety.
Date: 2024/11/08
Potential Changes to DACA and TPS Policies Under Trump’s Administration
With Donald Trump’s presidential election win, immigration laws and policies for Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) recipients may undergo significant changes. Trump’s administration previously attempted to terminate both programs, but was halted by court orders. DACA and TPS holders are advised to maintain their status and those eligible should apply now. DACA holders can also seek permission to travel outside the U.S. temporarily for humanitarian, educational, or employment reasons, a privilege that may be eliminated under Trump’s administration. Those with TPS or DACA who marry a U.S. citizen or have an adult child born in the U.S. have an easier path to permanent residence and should take advantage of this while possible.
Date: 2024/11/07
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