Self Petition News – 2024-11-17
News Articles:
- Understanding the Impact of the New Administration on U.S. Immigration Law: A Webinar by The Murthy Law Firm.
- Trump Selects Immigration Hardliners for Key Administration Roles.
- December 2024 Visa Bulletin: Minimal Changes in Oversubscribed Categories.
- Understanding the PERM Labor Certification Process for Employment-Based Green Cards.
- High-Skilled Foreign Workers Increasingly Seeking Self-Petitioned Green Cards Amid Delays and Uncertainties.
- Changes to H-4 EAD Application Approvals and Processing Times Starting 2025.
- Self Petition FAQ: What is the EB1A green card?
- Rethinking the National Interest Waiver: A Call for a More Inclusive Approach to Immigrant Visas for STEM Professionals.
- Self Petition FAQ: What is the difference between a national interest waiver and a labor certification?
- December 2024 Visa Bulletin: No Changes in Wait Times for Family and Employment-Based Categories.
Understanding the Impact of the New Administration on U.S. Immigration Law: A Webinar by The Murthy Law Firm
This webinar, moderated by Sheela Murthy and Aron Finkelstein, will provide education and empowerment for employers and employees on the new administration’s impact on U.S. immigration law. Over 15 experienced immigration attorneys will discuss various topics, including H1B cap registration issues, strategy and timing for PERM and I-140 petition filings, and litigation strategies for employers and employees. The webinar will be interactive, with opportunities for audience Q&A. The session aims to provide attendees with the latest strategies to grow their business and retain valued employees. The Murthy Law Firm, hosting the webinar, can also provide further consultation and representation on U.S. immigration matters.
Date: 2024/11/14
Trump Selects Immigration Hardliners for Key Administration Roles
President-elect Donald Trump has chosen several individuals for his administration who share his views on immigration. Tom Homan, former acting director of U.S. Immigration and Customs Enforcement (ICE), will be the “border czar”, tasked with overseeing security and the mass deportation of undocumented immigrants. Stephen Miller, known for his hardline stance on immigration, has been chosen as Deputy Chief of Staff. South Dakota Governor Kristi Noem is expected to be nominated as Secretary of the Department of Homeland Security, overseeing key immigration entities. Florida Senator Marco Rubio, who has shifted his stance from advocating for immigration reform to focusing on border security, is expected to be nominated as Secretary of State.
Date: 2024/11/14
December 2024 Visa Bulletin: Minimal Changes in Oversubscribed Categories
The U.S. Department of State has released the December 2024 Visa Bulletin, showing minimal changes in oversubscribed categories from the previous month. The EB1 category remains current for most countries, with China and India’s cutoff dates still set at November 8, 2022, and February 1, 2022, respectively. In the EB2 category, India advances to August 1, 2012, while China remains at March 22, 2020, and other countries at March 15, 2023. The EB3 category sees India progress to November 8, 2012, while China and other countries remain unchanged. The EB4 cutoff date remains at January 1, 2021, for all countries, and in the EB5 category, China and India’s unreserved cutoff dates remain unchanged.
Date: 2024/11/12
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, requiring the employer to demonstrate that no qualified U.S. worker is willing to fill the position through a regimented recruitment process. This includes conducting good-faith recruitment, a term not explicitly defined in law, but understood through the adjudication trends and analysis of the U.S. Department of Labor (DOL) and the Board of Alien Labor Certification Appeals (BALCA). Employers must ensure job opportunities are open to qualified U.S. workers and can only reject them for lawful job-related reasons. DOL requires more stringent efforts from employers than regular hiring practices, including serious intent to consider all applicants and thorough attempts to contact them. Employers must also carefully review resumes and applications, contacting all potentially qualified U.S. applicants.
Date: 2024/11/11
High-Skilled Foreign Workers Increasingly Seeking Self-Petitioned Green Cards Amid Delays and Uncertainties
High-skilled foreign workers facing long wait times for employment-based green cards are increasingly seeking permanent residency in the US without company sponsorship. The Department of Homeland Security has highlighted pathways to green cards for workers with “extraordinary ability” or those contributing in the national interest. Delays in labor certification and anxieties over administrative changes are driving many workers to self-petition for tougher green card categories. Total immigrant worker petitions for EB-1 visas, for workers with extraordinary ability, rose 75% in the last four fiscal years, reaching over 37,000 in 2023. These visas are being pursued by senior level engineers and product designers at companies like Meta Platforms, Amazon, LinkedIn and Google parent Alphabet.
Date: 2024/11/10
Changes to H-4 EAD Application Approvals and Processing Times Starting 2025
Starting in 2025, H-4 Employment Authorization Document (EAD) application approvals will be separated from related H-4 and H-1B petition approvals, leading to substantial delays in H-4 EAD adjudications. This is due to the end of a 2023 Department of Homeland Security settlement agreement and the beginning of the new Trump administration. Processing times for H-4 EAD applications are expected to exceed six months, causing gaps in employment authorization. To mitigate this, applicants are advised to file all H-4 extensions and H-4 EAD renewals that can be bundled with H-1B petition extensions using premium processing before December 23, 2024. However, premium processing is not available for stand-alone or unbundled H-4 extensions or H-4 EAD renewals.
Date: 2024/11/15
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: 2024/11/17
Rethinking the National Interest Waiver: A Call for a More Inclusive Approach to Immigrant Visas for STEM Professionals
The United States Citizenship and Immigration Services (USCIS) plays a crucial role in shaping the future of innovation and competitiveness in the U.S. through its decisions on immigrant visas, particularly in the EB2 category with the National Interest Waiver (NIW). However, the current interpretation of “national interest” by the USCIS has raised concerns about its adequacy to the country’s economic and technological needs. The essay argues that the restrictive interpretation of national interest may not align with the real needs of the American economy and the government’s policies emphasizing the importance of STEM professionals for national competitiveness. The current criteria fail to consider the long-term impact of STEM professionals and the cumulative effect of their contributions. The essay suggests a more holistic and forward-looking approach in evaluating EB2 NIW petitions for STEM professionals.
Date: 2024/11/10
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: 2024/11/17
December 2024 Visa Bulletin: No Changes in Wait Times for Family and Employment-Based Categories
The U.S. Department of State’s Visa Bulletin for December 2024 showed no changes in wait times for both family- and employment-based categories. The bulletin provides information on priority dates, which are generally the dates when green card applications were first filed. It also highlights that some countries experience longer wait times due to high demand, causing cut-off dates to move slower or even go backward. The bulletin does not provide exact wait times as they depend on the category and country backlog. It is suggested to track patterns over multiple months for a better understanding of wait times. The bulletin also includes a guide on how to read and understand it.
Date: 2024/11/15
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