Immigration Insights (2024-11-21): Navigating Policy Shifts and Green Card Strategies
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Weekly Immigration News Summary (November 21, 2024), curated by greencardselfpetition.com, helping the community with Do-It-Yourself self petition packets and EB1A & NIW Knowledge Bot.
News Articles:
- The Role of Education in U.S. Employment-Based Immigration Processes.
- Webinar on the Impact of the New Administration on U.S. Immigration Law: An Interactive Discussion with Experienced Immigration Attorneys.
- Trump Appoints Immigration Hardliners to Key Positions in his Administration.
- December 2024 Visa Bulletin Released by U.S. Department of State with Minimal Changes in Oversubscribed Categories.
- Understanding the PERM Labor Certification Process for Employment-Based Green Cards.
- Changes in US Immigration Policies: USCIS Ends Program for Undocumented Spouses, Trump Administration Plans Expansion of Detention Centers.
- Self Petition FAQ: Can I apply for an NIW as an entrepreneur or business owner?
- 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 are the requirements for an EB1A green card?
- Rethinking the National Interest Waiver: A Call for a More Inclusive Approach to Immigrant Visas for STEM Professionals.
The Role of Education in U.S. Employment-Based Immigration Processes
Education background plays a crucial role in employment-based immigration processes like PERM labor certification or an H1B nonimmigrant petition. If the applicant has a foreign degree, it must be demonstrated as equivalent to a U.S. degree. The U.S. Citizenship and Immigration Services (USCIS) often uses the American Association of Collegiate Registrars and Admissions Officers’ (AACRAO) Electronic Database for Global Education (EDGE) to determine this. A three-year foreign degree is typically not considered equivalent to a four-year U.S. bachelor’s degree. However, relevant work experience can sometimes be used to show equivalency. An individual with a three-year bachelor’s degree and three years of related experience, for example, could demonstrate the equivalent of a four-year U.S. bachelor’s degree. This rule applies only to H1B nonimmigrant classification.
Date: 2024/11/18
Webinar on the Impact of the New Administration on U.S. Immigration Law: An Interactive Discussion with Experienced Immigration Attorneys
This text is an invitation to a webinar discussing the new administration’s impact on U.S. immigration law. The webinar, moderated by Sheela Murthy and Aron Finkelstein, will feature over 15 experienced immigration attorneys discussing various topics. The webinar will be interactive, with opportunities for audience Q&A. Topics will include H1B Cap Registration issues, overcoming specialty occupation RFEs and denials, using the 60-Day Grace Period and exceptions, and 2-year foreign residency requirements and possible waivers. The webinar will also cover business and investment topics like L1A/L1B and EB5, as well as immigrant issues like strategy and timing for PERM and I-140 petition filings, adjustment of status issues, citizenship and re-entry permits, and I-130 petition filings. Attendees can participate from the comfort of their home or office.
Date: 2024/11/14
Trump Appoints Immigration Hardliners to Key Positions in his Administration
President-elect Donald Trump has chosen several people who share his views on immigration to serve in his administration. Tom Homan, who will be responsible for fulfilling Trump’s promise of mass deportation of undocumented immigrants, has been named “border czar”. Stephen Miller, known for his hardline stance on immigration, will be Deputy Chief of Staff. South Dakota Governor Kristi Noem, a staunch Trump supporter, has reportedly been tapped to serve as Secretary of the Department of Homeland Security. Florida Senator Marco Rubio, who has shifted from advocating for immigration reform to focusing on border security, is expected to be nominated as Secretary of State. The incoming administration is likely to make life more difficult for undocumented immigrants.
Date: 2024/11/14
December 2024 Visa Bulletin Released by U.S. Department of State with Minimal Changes in Oversubscribed Categories
The U.S. Department of State has released the December 2024 Visa Bulletin, showing little change in oversubscribed categories from the previous month. The EB1 cutoff date for China remains at 08.Nov.2022 and for India at 01.Feb.2022, while it’s current for all other countries. In the EB2 category, India’s cutoff date has moved to 01.Aug.2012, but China’s remains at 22.Mar.2020. The EB3 category shows a slight improvement for India with a cutoff date of 08.Nov.2012, but no change for China or other countries. The EB4 and EB5 categories show no change in cutoff dates. The Murthy Law Firm will continue to monitor and report on these monthly bulletins.
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
Changes in US Immigration Policies: USCIS Ends Program for Undocumented Spouses, Trump Administration Plans Expansion of Detention Centers
After a federal court rejected the Biden administration’s program for undocumented spouses of U.S. citizens, U.S. Citizenship and Immigration Services (USCIS) announced it will no longer accept applications for this program. The incoming Trump administration plans to expand immigrant detention centers, doubling the current 41,000 beds allocated for ICE, and reinstating family detention. The administration is considering reopening closed facilities and creating temporary centers for immigrants awaiting deportation, with private prison companies as potential partners. Meanwhile, high-skilled foreign workers are increasingly self-petitioning for green cards due to long wait times and uncertainty over future immigration policies. EB-1 visa petitions rose 75% in four years, with nearly 30,000 filed in 2023 alone.
Date: 2024/11/16
Self Petition FAQ: Can I apply for an NIW as an entrepreneur or business owner?
Yes, you can apply for a National Interest Waiver (NIW) as an entrepreneur or business owner. The U.S. Citizenship and Immigration Services (USCIS) acknowledges that entrepreneurs can serve the national interest. To qualify, you must demonstrate that your business has substantial potential for job creation and will significantly contribute to the U.S. economy. You must also show that you will be playing an active and central role in the business. The USCIS will consider your past record of achievements and the significance of your contributions. Having an advanced degree can strengthen your case by demonstrating your expertise in your field. However, it’s important to note that the NIW process is complex and subjective, so it’s advisable to consult with an immigration attorney.
Date: 2024/11/21
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 are the requirements for an EB1A green card?
To qualify for an EB1A green card, an individual must demonstrate extraordinary ability in their field through sustained national or international acclaim. This means they must show that they are among the top few percent of experts in their field. This can be done by providing evidence of a major international award (such as a Nobel Prize) or by meeting at least three out of ten specific criteria outlined by the United States Citizenship and Immigration Services (USCIS). You can see details of the latest criteria from USCIS website. These criteria include receiving lesser-known national or international awards, membership in associations that demand outstanding achievement, published material about the applicant, and serving as a judge of others in the field, among others. In short, the requirements are: 1. You must have extraordinary ability in one of the following fields: arts, sciences, education, business, or athletics. 2. Your extraordinary ability must be demonstrated by sustained national or international acclaim. 3. You must be entering the United States to continue working in your field of extraordinary ability.
Date: 2024/11/21
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
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