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Immigration Insights 2024-11-28: Expert Strategies for EB1A Success, NIW Travel, and Understanding December’s Visa Bulletin

November 28, 2024

 

 

Weekly Immigration News Summary (2024-11-28), curated by GreenCardSelfPetition.com, helping the community with Do-It-Yourself self-petition packets and EB1A & NIW Knowledge Bot.

News Articles:


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Self Petition FAQ: How does the NIW process affect my ability to travel internationally?

The NIW process does not directly restrict your ability to travel internationally. However, while your I-485 application (Adjustment of Status) is pending, you must obtain Advance Parole (Form I-131) to re-enter the U.S. after international travel. Leaving the U.S. without Advance Parole may result in the abandonment of your I-485 application. If you are in H-1B, L-1, and some other specific visa statuses, you may travel without Advance Parole. It's important to consult with an immigration attorney before making travel plans. For those with an advanced degree, the EB-2 NIW category is beneficial as it waives the requirement of a job offer and labor certification, but it does not alter the travel restrictions associated with the I-485 application process.

Date: 2024/11/28

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Navigating Foreign Degree Equivalency in U.S. Employment-Based Immigration

Foreign degree equivalency is crucial in employment-based immigration processes, such as PERM labor certification and H1B petitions. Applicants with foreign degrees must prove their credentials match U.S. educational standards, often requiring credential evaluation. The U.S. system includes associate’s, bachelor’s, master’s, professional, and doctoral degrees. For H1B visas, positions must be "specialty occupations" needing at least a U.S. bachelor's degree or its equivalent. Credential evaluations are necessary for roles requiring specific education levels, especially for medical professionals. The USCIS uses the AACRAO's EDGE database for assessing foreign degrees. Challenges arise with three-year degrees, often not equivalent to U.S. four-year degrees, though work experience can sometimes substitute education. Proper evaluation is vital for successful visa applications, and expert legal advice can aid in navigating these complexities.

Date: 2024/11/18

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Self Petition FAQ: How do I prove I have extraordinary ability?

Proving extraordinary ability for an EB1A green card application requires a combination of documentation and expert testimony. The documentation and testimony should be support the claims you would like to make from the USCIS EB1A requirement list. Applicants must demonstrate that they are recognized as among the top experts in their field through sustained national or international acclaim. This can include receiving prestigious awards, being featured in major media outlets, or having a significant body of work that has been recognized by experts in the field. In addition to documentation, letters of recommendation from experts in the field who can attest to the applicant’s extraordinary abilities are also crucial. These letters should specifically detail the applicant’s accomplishments and explain why they are considered exceptional in their field.

Date: 2024/11/28

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Understanding the December 2024 Visa Bulletin: Unchanged Priority Dates and Navigating Green Card Wait Times

The U.S. Department of State's December 2024 Visa Bulletin reports no changes in wait times for family- or employment-based green card categories. Priority dates, crucial for determining wait times, remain unchanged across most categories and countries. Applicants from countries with high demand may face longer waits due to backlogs, with cut-off dates potentially moving slower or regressing. The bulletin highlights the importance of tracking patterns over multiple months to better understand wait times. Boundless offers a guide to help interpret the Visa Bulletin, emphasizing the significance of knowing one's priority date. They provide resources and updates for navigating the green card process, although they are not affiliated with USCIS. Legal advice should be sought from licensed attorneys for specific cases.

Date: 2024/11/17

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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.