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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Understanding Travel Limitations and Reentry Permits for Lawful Permanent Residents in the U.S.

Lawful permanent residents (LPRs) in the U.S. have the ability to travel freely, but there are limits to how long they can stay abroad. If an LPR plans to remain outside the U.S. for more than a year, they may need a reentry permit to return. The permit can also serve as evidence against the presumption of LPR abandonment, which can occur after extended absence. However, a reentry permit does not negate the need for continuous residence in the U.S. for those seeking naturalization. To apply for a reentry permit, an LPR must file form I-131 with the U.S. Citizenship and Immigration Services (USCIS), proving a valid reason for extended absence. The permit is usually valid for two years, but cannot be renewed or extended.

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.

Obtaining a Social Security Number for Foreign Nationals in the US

Anyone eligible to work in the US can receive a Social Security number (SSN), which is used as a tracking number for income taxes. Foreign nationals can apply for an SSN simultaneously with their application for employment authorization, or in person at a local Social Security Administration (SSA) office. If applying for an immigrant visa abroad, they can request an SSN on the visa application, but this can cause delays. The SSA should issue an SSN card within seven days of application approval. Foreign nationals can start working before receiving their SSN. Two types of SSN cards indicate work authorization: blanket and annotated authorization. Annotated cards are issued to foreign nationals with temporary admission and work authorization by the DHS. Unrestricted work authorization is signaled by SSNs without annotation.

AILA and USCIS Discuss Improvements in Immigration Services and Online Customer Support

The American Immigration Lawyers Association (AILA) and the U.S. Citizenship and Immigration Services (USCIS) recently held a joint engagement to discuss customer service improvements. Key points included the fact that 17 of the high volume case-type forms are available for online filing, with 41% of cases filed online. USCIS is working to make more forms available online. The availability of a "Connect to Live Agent" option in the virtual assistant, Emma, was also highlighted. USCIS has improved its online form for requesting in-person appointments. AILA requested that USCIS lockboxes provide more detail when rejecting a package, and USCIS agreed to review this issue. Additional updates will be posted on MurthyDotCom.

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.

DOJ Announces Settlements in Employment Discrimination Cases Based on Citizenship and National Origin

The U.S. Department of Justice (DOJ) has announced several settlements related to employment discrimination based on citizenship status and national origin. The cases were handled by the Immigrant and Employee Rights Section of the DOJ's Civil Rights Division. In one case, a Chicago-based company settled after rejecting an employment authorization document from a worker with temporary protected status. In another, a Wisconsin-based company settled after withdrawing a job offer based on the candidate's non-U.S. citizen status. An online staffing agency also settled after posting job advertisements with unlawful hiring restrictions based on citizenship status. Lastly, a California-based staffing agency settled a case involving discriminatory document verification practices. The settlements highlight the DOJ's commitment to enforcing the anti-discrimination provisions of the Immigration and Nationality Act.

Former FBI Agent Warns Against Unqualified Document Handlers for Green Card Applications

Former FBI agent and private attorney, Joe William McDoulett, has issued a warning about unqualified document handlers and accountants claiming to help process permanent residency or green card applications under the C16 category. McDoulett explained that immigration law is complex and fast-moving, and relying on unqualified individuals can result in negative immigration impacts. He noted that bad advice has recently been given regarding the 'C16 visa', a term used by document handlers for registry applications, which require the applicant to have been continuously present in the US since 1972. McDoulett warned that unqualified document handlers could expose individuals to deportation and urged people to consult a qualified attorney for their immigration needs.

Understanding the EB-1 and EB-2 Visa Categories: Pathways for Top Achievers to Secure U.S. Green Cards

The U.S. immigration system offers two main pathways for top achievers to secure green cards: the EB-1 and EB-2 visa categories. Both target highly skilled individuals, but the application processes and criteria vary significantly. The EB-1 visa is for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers, with recent guidelines clarifying eligibility and making the process more predictable. The EB-2 visa targets professionals with advanced degrees or exceptional abilities, but its National Interest Waiver (NIW) requirement can be challenging to meet. With the EB-1's exemption from labor certification and faster processing times, it's becoming the preferred choice for top achievers seeking permanent residency in the U.S.

Baden Bower Assists STEM Professionals in Meeting EB1A Visa Requirements Amidst USCIS Guideline Changes

Baden Bower, a PR firm, assists applicants in meeting the requirements for the EB1A visa, which has seen a surge in applications from STEM professionals following changes in U.S. Citizenship and Immigration Services (USCIS) guidelines. The firm helps applicants showcase their accomplishments through media coverage, speaking engagements, and partnerships, which are crucial in proving their influence and meeting the visa's "extraordinary ability" criteria. This is especially beneficial for professionals who lack academic publications. Baden Bower also assists applicants in building an online presence, which can further boost their visa applications. The firm's strategies focus on the impact and quality of an applicant's work, aligning with USCIS's trend of valuing these over the number of publications.

What a Second Trump Presidency Means for Immigration: Key Points to Know

With Donald Trump’s return to the White House, immigration policies are expected to see changes, especially in skilled visa programs. Recent endorsements from tech leaders may lead to more favorable policies for H-1B and green card applicants, as they lobby for smoother processes to attract top talent. While stricter criteria may still apply, applicants in technology and innovation fields could benefit from policies that align with national and economic priorities. Staying informed and building strong applications remain essential for navigating this evolving landscape.

USCIS Updates Policy Manual: Changes in Requirements for International Entrepreneur Rule

The U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual to reflect changes in the requirements for the international entrepreneur rule. These changes include adjustments to the investment and revenue thresholds needed to qualify for parole, which are reviewed every three years to account for inflation. Initial applicants must have received qualified investments of at least $311,071 or $124,429 in government awards/grants. For re-parole, startups must have received $622,142 in funding, created at least five jobs, or reached annual revenue of $622,142 with 20% annual growth. Qualified investors must have invested at least $746,571 in startups, with at least two of these creating a minimum of five jobs or generating $622,142 in revenue with 20% annual growth. Biometrics must be collected prior to approval, with conditional approval possible before biometrics collection.

AILA and USCIS Discuss Improvements to Immigration Services and Online Features

The American Immigration Lawyers Association (AILA) and the U.S. Citizenship and Immigration Services (USCIS) recently held a joint meeting to discuss customer service improvements. USCIS reported that 17 of its high-volume case forms are available for online filing, which currently accounts for 41% of cases. They are working to make more forms available online to streamline the filing and adjudication process. USCIS also highlighted the "Connect to Live Agent" feature in its virtual assistant, Emma, and improvements to its online form for requesting in-person appointments. AILA requested more clarity on the reasons for package rejections by USCIS lockboxes, to which USCIS agreed to review.

Guide to Filing Form I-130 for Family-Based Immigration to the U.S.: Eligibility, Procedures, and Fraud Prevention

The U.S. government's official websites use .gov domain and HTTPS for secure connections. The text provides instructions for filing Form I-130 to establish a relationship with an eligible relative who wants to immigrate to the U.S. and apply for a Green Card. Petitioners must be U.S. citizens, lawful permanent residents, or U.S. nationals. The form must be submitted by mail for those seeking a fee exemption for Afghan national relatives not born in Afghanistan. The approval of the petition doesn't automatically grant immigration status or benefits. After approval, the relative may apply for a Green Card. If they are already in the U.S. and an immigrant visa is available, they may apply for their Green Card by filing Form I-485. If they are not eligible to apply for the Green Card by filing Form I-485, they may be eligible to apply for an immigrant visa at a U.S. embassy or consulate. The text also provides information on how to report suspected marriage fraud and offers help for victims of abuse.

DHS Announces Temporary Immigration Relief Measures for Eligible Lebanese Nationals in the U.S.

The U.S. Department of Homeland Security (DHS) has unveiled measures to provide temporary immigration relief for eligible Lebanese nationals in the U.S., amid ongoing conflict in Lebanon. The measures include Deferred Enforced Departure (DED) and a new Temporary Protected Status (TPS) designation for Lebanon, allowing work authorization and protection from deportation. DHS Secretary Alejandro Mayorkas stated that Lebanon will have an 18-month TPS designation, permitting approved Lebanese nationals to stay in the U.S. while diplomatic efforts continue. Additionally, Lebanese nationals covered by President Biden’s DED order can now apply for Employment Authorization Documents (EADs). Special Student Relief has also been announced for F-1 nonimmigrant students from Lebanon. Approximately 11,000 Lebanese nationals and 1,740 Lebanese F-1 students are expected to benefit from these measures.

Self Petition FAQ: Can I use my work being displayed at exhibitions or performances as evidence?

Yes, your work being displayed at exhibitions or performances can be used as evidence for an EB1A self-petition. This is particularly relevant if you applying in a field like art, music, or performance studies, where exhibitions and performances are a significant part of professional achievement. If you are refering to scientific exhibitions, this can also serve as evidence if you are invited or perfroming a demonstration. USCIS considers evidence of your work being showcased at significant exhibitions or performances as one of the criteria for demonstrating extraordinary ability. However, it's important to note that the exhibitions or performances should be prestigious and recognized in your field. You should provide detailed information about the event, its significance, selection criteria, and any recognition or awards associated with it. The more prestigious the event, the stronger your case. Your advanced degree can further support your claim of extraordinary ability by showing a high level of expertise in your field.

Understanding the EB-1 and EB-2 Visa Categories: Pathways to U.S. Permanent Residency

The U.S. immigration system offers two visa categories, EB-1 and EB-2, for high-achieving individuals seeking permanent residency. The EB-1 category, particularly the EB-1A subcategory, is becoming more popular due to its straightforward requirements and exemption from labor certification. Recent updates from the U.S. Citizenship and Immigration Services (USCIS) have clarified what constitutes "extraordinary ability", expanded the range of fields considered for EB-1 eligibility, and made the application process more predictable. In contrast, the EB-2 category, particularly the National Interest Waiver (NIW), is seen as more challenging due to its two-tiered requirements and the need to prove work benefits the national interest. As a result, many applicants are favoring the EB-1 category for its clearer pathway to residency.

Enhancing EB1A Visa Applications: The Role of PR Firm Baden Bower

The EB1A visa, for individuals with exceptional skills, has become increasingly competitive. To stand out, applicants must submit strong, well-structured applications. PR firm, Baden Bower, aids in this process by providing media placements and helping secure influential recommendation letters. These letters are not mandatory but can enhance an application. They offer a reliable perspective on the applicant's skills and achievements and should come from a respected individual in the applicant's field. Baden Bower works with clients to identify suitable referees and create narratives that highlight the applicant's accomplishments. The firm also helps applicants who lack traditional credentials, such as awards or published works, by securing media coverage and other public opportunities to build a strong public profile. As competition for the EB1A visa intensifies, expert assistance in preparing applications is increasingly crucial.

Self Petition FAQ: Can I apply for an NIW if I have a criminal record or visa violations?

Yes, you can apply for a National Interest Waiver (NIW) under the EB2 category even if you have a criminal record or visa violations. However, these issues may negatively affect your application, as the U.S. Citizenship and Immigration Services (USCIS) evaluates your case based on your overall character, achievements, and potential contributions to the U.S. national interest. It is crucial to consult with an immigration attorney to assess the impact of your criminal record or visa violations on your application. For advanced degree holders, the EB2-NIW category provides an avenue to self-petition for a green card, bypassing the need for a U.S. employer sponsorship. This pathway recognizes that their specialized skills and knowledge can significantly contribute to the U.S. national interest, but any criminal or immigration violations may undermine this potential benefit.

Florida's Live Healthy Initiative: Licensing Foreign-Trained Doctors to Address Physician Shortage

Florida's Live Healthy initiative is a new law that allows foreign-trained doctors to become licensed physicians in the state without having to complete a US residency, if they have completed a "substantially similar" residency program abroad. This initiative aims to increase the number of physicians in Florida, which has one of the highest median ages in the country. Other states including Alabama, Colorado, Idaho, and Washington have also enacted similar laws, and many are considering it, in response to the nationwide shortage of physicians. These provisions are seen as a way to demonstrate how immigration can strengthen America, provided the doctors maintain a high standard of care.

Self Petition FAQ: How do I show that I have been recognized by organizations within my field?

To show that you have been recognized by organizations within your field, you would need to provide evidence of your achievements that have been acknowledged by these organizations. This could be in the form of awards, honors, or recognitions that you have received from reputable organizations in your field. For someone with an advanced degree, this recognition could have come during your academic career or post-graduation professional work, and it can significantly strengthen your EB1A application. Other evidence could include membership in associations that require outstanding achievements, letters of recommendation, or published material about you in professional publications. Remember, the key is to demonstrate that you have sustained national or international acclaim and that your achievements have been recognized by your peers in the field.

DHS Announces Temporary Immigration Relief Measures for Eligible Lebanese Nationals in the U.S.

The U.S. Department of Homeland Security (DHS) has announced measures to provide temporary immigration relief for eligible Lebanese nationals in the U.S. These include Deferred Enforced Departure (DED) and a new Temporary Protected Status (TPS) designation for Lebanon. The TPS designation, due to ongoing conflict and extraordinary conditions in Lebanon, will last for 18 months, allowing approved individuals to remain in the U.S. while diplomatic efforts for stability continue. Lebanese nationals must have been in the U.S. since October 16, 2024, to qualify. In addition, Lebanese nationals covered by President Biden’s DED order can now apply for Employment Authorization Documents. DHS also announced Special Student Relief for F-1 nonimmigrant students from Lebanon. Approximately 11,000 Lebanese nationals and 1,740 Lebanese F-1 students are expected to benefit.

DOJ Announces Settlements in Employment Discrimination Cases Based on Citizenship Status and National Origin

The U.S. Department of Justice (DOJ) has announced several settlements addressing employment discrimination based on citizenship status and national origin. The cases were handled by the Civil Rights Division’s Immigrant and Employee Rights Section (IER) and provide lessons for employers about hiring practices and document verification processes. The cases included a Chicago-based company rejecting an Employment Authorization Document from a worker with Temporary Protected Status, a Wisconsin-based company withdrawing a job offer based on non-U.S. citizen status, an online staffing agency posting job advertisements with unlawful hiring restrictions, and a California-based staffing agency requiring non-U.S. citizens to present specific documentation for work authorization. The settlements involved financial penalties and changes to prevent similar incidents in the future.

USCIS Introduces Online PDF Filing Option for Employment Authorization Document Applicants

The U.S. Citizenship and Immigration Services (USCIS) has launched an online PDF filing option for certain applicants seeking an Employment Authorization Document (EAD). This allows them to submit Forms I-765 and I-912 directly through the USCIS portal. This digital transformation aims to decrease backlogs, speed up processing times, and reduce errors and inefficiencies associated with physical mailing. The new system is more accessible, especially for low-income immigrants who may not be able to submit paper applications by mail. The online PDF filing system is currently only available for Forms I-765 and I-912, used by immigrants seeking employment authorization and fee waivers.

Nigerian Engineer Bathlomew Ebika Earns US National Interest Waiver for Exceptional Contributions to Engineering and Research

Nigerian engineer, Bathlomew Ebika, has made significant contributions to engineering and research in the US, earning him the United States National Interest Waiver for exceptional ability. His achievements include the development of a machine learning model that can accurately predict bead height in 3D printing, which is currently in the patent application stage. He is also a Co-Investigator for NASA’s U.S. Research Collaboration, working on a research project aimed at advancing space exploration technology. Additionally, Ebika contributes to the National Science Foundation’s $25 million NSF-HAMMER program, designing an open-source additive manufacturing machine. He currently holds a full-time research position as an Engineer 1 in Biomedical Engineering at Case Western Reserve University. His work has established him as a leading innovator in his field.

Self Petition FAQ: What happens if my job changes or I switch employers during the NIW process?

During the NIW (National Interest Waiver) process, changing jobs or employers is generally permissible because the EB2-NIW category is not employer-specific, but is based on the applicant's qualifications and the proposed endeavor's substantial merit and national importance. Your new job should be in the same or similar occupational classification as the job for which the NIW was filed. If the job change significantly deviates from the original proposal, it could potentially impact the NIW petition. Therefore, it's advisable to consult with an immigration attorney before making major changes. For individuals with advanced degrees, the EB2-NIW category is beneficial as it recognizes the value of their specialized education and skills, and allows flexibility in employment without being tied to a specific employer.

Securing U.S. Residency through EB1A Visa Program: How Spynn Publicity Assists Athletes with Extraordinary Talent

Winning an Olympic medal can qualify an athlete for the EB1A visa program, which offers a direct route to permanent U.S. residency for individuals with extraordinary talent. Spynn Publicity assists high-achieving individuals, including Olympians, in navigating the visa process. The company helps athletes create strong cases for their visa applications by crafting compelling stories and arranging media coverage that meets visa criteria. Spynn Publicity collaborates with immigration lawyers to ensure every media appearance and article strengthens the application. The firm's strategies have proven effective even for athletes without Olympic medals, demonstrating the power of a good publicity strategy in immigration cases.

November 2024 Visa Bulletin: Changes in Family-Based Categories, Unchanged Employment-Based Categories

The U.S. Department of State's Visa Bulletin for November 2024 showed changes in all family-based categories, except in the F-2A category. The most significant changes were in the F-2B category for Mexico, which saw an 11-month change, and in the F-4 category for India, which saw an 11-month, 1-week change. There were no changes in wait times for the employment-based categories. The priority date, which is the date the green card application petition was initially filed, is crucial. The wait time depends on the category and country backlog, and some countries may have longer wait times due to high demand. The Visa Bulletin helps track patterns in these categories over multiple months.

Confusion Over USCIS Policy Update on F-1 Visa Holders Studying Abroad

A recent update to the USCIS policy manual has caused confusion in the international student community. The update suggests that F-1 visa holders studying abroad for more than five months will need a new Form I-20 to be readmitted in student status. However, the Student and Exchange Visitor Program (SEVP) has stated that this is not a new policy, and that students will generally need to reapply for a new visa if they are outside the US for more than five months and not enrolled in an authorised study abroad program. The conflicting statements have led to calls for clarification from students, immigration lawyers, and study abroad advisors.

Self Petition FAQ: What if I have significant contributions to my field but no major awards?

Even without major awards, you can still qualify for an EB1A green card if you meet other criteria demonstrating your extraordinary ability. As an individual with an advanced degree, your significant contributions to your field can be demonstrated through other evidence such as published material about you, your membership in associations, your role in judging the work of others, or your original scholarly contributions. USCIS uses a points-based system and you need to meet at least three out of ten criteria to be eligible. Therefore, while major awards can strengthen your case, they are not the only way to establish your eligibility. You can take help from our DIY packets or consult an immigration attorney to present a strong case based on your specific circumstances and achievements.

November 2024 Visa Bulletin Released by U.S. Department of State: Little Movement in Employment-Based Categories Noted

The U.S. Department of State (DOS) has released the November 2024 Visa Bulletin, revealing little movement in employment-based categories. The exception is the EB4 program for certain religious workers, reauthorized by Congress through 20 Dec. 2024. EB1 China and EB1 India cutoff dates remain unchanged at 08 Nov. 2022 and 01 Feb. 2022 respectively. The EB2 cutoff dates for China and India remain at 22 Mar. 2020 and 15 Jul. 2012, while EB3 cutoff dates remain unchanged. The EB4 cutoff date for all countries remains set at 01 Jan. 2021. In the EB5 category, China and India's unreserved cutoff dates remain at 15 Jul. 2016 and 01 Jan. 2022 respectively. EB5 remains current for all other categories and countries.

USCIS Launches New Online Filing Process for Immigration Forms

The U.S. Citizenship and Immigration Service (USCIS) has launched a new online filing process, enabling individuals to upload completed PDF application forms, rather than filling out an online form or posting documents. Initially, the process is limited to forms I-765 (employment authorization) and I-912 (fee waiver), and is only open to applicants in certain adjustment of status categories. Although a fee is usually required, fee waivers are available. To use the service, individuals must download the relevant form, fill it out, and upload it via their myUSCIS account. The USCIS will accept or reject the filing within 30 days. Currently, the service is only available to individual applicants not represented by an attorney, but there are plans to expand it in future.

USCIS Issues Policy Alert Clarifying EB1 Eligibility Criteria: Implications and Legal Support

The U.S. Citizenship and Immigration Services (USCIS) has issued a policy alert to clarify eligibility criteria for the employment-based, first preference (EB1) category for persons of extraordinary ability. The changes are generally positive for EB1(a) petitioners, but it's important to stay updated with the USCIS Policy Manual as even minor changes can significantly impact cases. The Murthy Law Firm offers consultation and representation for clients on U.S. immigration matters, both within the U.S. and abroad.

Updates on US Immigration Changes: Qatar Joins Visa Waiver Program, H-2B Visa Cap Reached, and New Procedures for Liberians

Smith Stone Walters, a firm specializing in UK immigration, has shared updates on recent US immigration changes. The US has designated Qatar into the Visa Waiver Program (VWP), making it the first Gulf country to join the program. From December 2024, Qatari citizens can apply to travel to the US for up to 90 days without a visa. The US Citizenship and Immigration Services (USCIS) has reached its cap on H-2B visas for temporary non-agricultural workers for the first half of fiscal year 2025. USCIS has also established procedures for Liberians covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid until June 2026.

Self Petition FAQ: Can I apply for an NIW if I have a pending H-1B or other visa status?

Yes, you can apply for a National Interest Waiver (NIW) even if you have a pending H-1B or other visa status. You can hold multiple immigration petitions at the same time. The EB2-NIW category is not dependent on your current visa status. However, it's important to note that applying for an NIW does not automatically grant you a change of status. You will still need to maintain your current visa status while your NIW application is being processed. For individuals with advanced degrees, the EB2-NIW category can be a beneficial pathway to permanent residency as it waives the requirement for a job offer and labor certification, provided you can demonstrate that your work is of substantial intrinsic merit and national importance.

Understanding the I-9 Form and Employment Eligibility Verification in the United States

When hiring a new employee in the United States, it is required to verify their legal eligibility to work in the country. The employee must complete the I-9 Form, Employment Eligibility Verification, after a job offer has been made. The employer is responsible for ensuring the form is completed and kept with other employment records. The I-9 form is divided into three parts, filled out by both the employee and employer. The employee provides personal information and attests to their eligibility to work in the U.S., while the employer verifies the employee's documents and attests to their belief in the employee's work authorization. The form is also used for re-verification when re-hiring an employee. Employers must retain I-9s for a minimum of three years.

Nigerian Engineer Bathlomew Ebika Earns US National Interest Waiver for Exceptional Contributions to Engineering and Research

Nigerian engineer Bathlomew Ebika has earned the United States National Interest Waiver (NIW) for exceptional ability, due to his significant contributions to engineering and research. After earning his B. Eng in Electrical Engineering in Nigeria, he pursued a Master’s degree in Systems and Control Engineering at Case Western Reserve University (CWRU) in the U.S., where he later secured a full-time research position. His work in additive manufacturing and predictive modeling led to the development of a machine learning model for predicting bead height in 3D printing. He also serves as a Co-Investigator for NASA’s U.S. Research Collaboration (USRC) and contributes to the National Science Foundation’s NSF-HAMMER program. His work spans control systems, the Internet of Things (IoT), machine learning, and biomedical engineering.

Immigration Attorney Thomas J. Arkell to Hold Free Seminar at Southern Illinois University

Immigration attorney Thomas J. Arkell will be holding a seminar at Southern Illinois University on October 8, 2024. The seminar, which is free and does not require pre-registration, will provide essential immigration information and employment options for faculty, staff, graduate and postdoctoral students. The Office of the Associate Provost for Academic Administration is co-presenting the seminar. It will take place at 1:30 p.m. in the Student Services Building, Room 170. For more information, contact Lori Johnson at 618-536-5535 or lorij20@siu.edu.

Pathways to U.S. Permanent Residency for Highly Skilled Foreign Workers: The Role of PERM and National Interest Waiver

The U.S. benefits greatly from highly trained foreign nationals who work and innovate in the country, often on temporary visas. When these visas expire, one pathway to permanent residency, or a "green card", is through the Permanent Labor Certification (PERM) process. However, this requires a U.S. employer to demonstrate that no suitable U.S. worker is available for the job, a process that can be complex and expensive. An alternative is the National Interest Waiver, which bypasses the labor certification process for those with advanced degrees or exceptional ability, provided they can demonstrate their work is in the U.S.'s interest. The Biden-Harris administration affirmed this exception in January 2022, particularly for those in science, technology, engineering, and math fields.

Biden Administration Ends Temporary Humanitarian Program for Certain Migrants, Updates on DACA, Border Crossings, and Visa Waiver Program

The Biden administration has decided not to renew a temporary humanitarian program that allows migrants from Cuba, Venezuela, Haiti, and Nicaragua to legally stay in the U.S., putting many at risk of deportation. Meanwhile, the Deferred Action for Childhood Arrivals (DACA) program, which protects over 535,000 undocumented immigrants, is being debated in a federal appeals court. In September, illegal crossings at the U.S.-Mexico border fell to their lowest level since 2020 due to President Biden’s restrictions on asylum seekers. The Department of Homeland Security (DHS) plans to add Qatar to the Visa Waiver Program starting December 1, 2024. The U.S. Citizenship and Immigration Services (USCIS) is also updating Form I-131, used for travel, parole, and arrival/departure documents.

The Impact and Importance of H-1B Visa Workers in the U.S. Labor Market

Foreign workers, particularly in the STEM fields, fill a critical need in the U.S. labor market. The H-1B visa allows employers to hire highly educated foreign professionals for specialty occupations. However, demand for H-1B visas has often exceeded the available number, which is capped annually at 65,000, plus an additional 20,000 for foreign professionals with a U.S. master’s degree or doctorate. Research suggests H-1B workers complement U.S. workers, fill employment gaps, and expand job opportunities. Changes to the H-1B petition process, including a registration system and a beneficiary-centric system, aim to reduce burden on employers and prevent system abuse. Despite a decrease in H-1B visa holders admitted in 2020 due to COVID-19 restrictions, their economic contributions remain significant, with low unemployment rates in occupations employing large numbers of H-1B workers.

Self Petition FAQ: How long does it take to get a Green Card after NIW approval?

The time it takes to get a Green Card after National Interest Waiver (NIW) approval can vary significantly and depends on several factors including the applicant's country of origin, the current processing times at USCIS, and whether the applicant is applying from within the U.S. or from abroad. On average, it can take anywhere from 1 to 3 years. However, it's important to note that the NIW is just one step in the process. After the NIW is approved, the applicant must then file an I-485 to adjust their status to a permanent resident, which can also take several months to process. For those with advanced degrees, the NIW is a valuable path to a Green Card as it waives the requirement of a job offer and labor certification, allowing them to self-petition based on their contribution to their field of expertise.

USCIS Clarifies Evaluation of Eligibility Criteria for EB1 Category: Impact and Updates

The U.S. Citizenship and Immigration Services (USCIS) released a policy alert on October 2, 2024, to clarify the evaluation of eligibility criteria under the employment-based, first preference (EB1) category for persons of extraordinary ability. The changes are mainly positive for EB1(a) petitioners. Even minor changes to the USCIS Policy Manual can significantly impact immigration cases, so it's important to stay informed. The Murthy Law Firm provides updates on changes made by the USCIS and other important issues related to U.S. immigration law.

Recent Changes in US Immigration Policies: Updates from Smith Stone Walters

Smith Stone Walters, a UK immigration specialist, has noted several recent changes to US immigration policies. Qatar has been added to the Visa Waiver Program (VWP), allowing its citizens to travel to the US for up to 90 days without a visa from 1 December 2024. The cap on H-2B visas for temporary non-agricultural workers for the first half of fiscal year 2025 has been reached. Additionally, procedures have been established for Liberians covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid until 30 June 2026. The firm offers expert assistance in corporate transfers and individual visa applications, with a team of partners and specialists around the world.

Justice Department Settles Employment Discrimination Cases: A Lesson for Employers

The Immigrant and Employee Rights Section (IER) of the Department of Justice has recently settled several cases of employment discrimination, serving as valuable lessons for employers. In one case, a transportation and parking management company refused to honor an employee's valid Employment Authorization Document (EAD) because it appeared expired, even though it had been automatically extended. The company was ordered to reinstate the employee, pay backpay and civil penalties, and revise any problematic policies. Another case involved a transportation management company that withdrew a job offer because the candidate was not a U.S. citizen, resulting in backpay and civil penalties. A third case saw a staffing company fined for requiring non-U.S. citizens to present specific types of documentation to prove their permission to work.

Pathways to Permanent Residency for Foreign Nationals in U.S. Higher Education: The National Interest Waiver

The U.S. higher education system is often a pathway for foreign nationals to contribute to the country's economy and society through innovation and discovery. When their temporary stay expires, one common way to obtain permanent residency is through the Permanent Labor Certification (PERM) process. This process requires a U.S. employer to prove that there is no suitable U.S. worker for the position before hiring a foreign national. However, this can be time-consuming and expensive. An alternative is the National Interest Waiver, which waives the requirement for a job offer and labor certification. This exception is particularly suitable for entrepreneurs and individuals with advanced degrees in areas important to U.S. competitiveness and national security. The Biden-Harris administration affirmed this exception in January 2022.

Intensifying Race for EB1A Visas: The Rising Role of PR Services in Securing Approvals

The race for EB1A visas, designed for individuals with "extraordinary ability" in fields like science, arts, education, business, or sports, is intensifying due to the looming fiscal year 2024 deadline. The U.S. Citizenship and Immigration Services (USCIS) reported a 30% increase in EB1A applications compared to the previous year. To stand out, applicants are increasingly using professional PR services such as Baden Bower, which helps clients fulfill critical EB1A criteria through customized strategies. This includes securing features in major publications, arranging speaking engagements, and facilitating industry awards. A study found that applicants with professional media coverage were 40% more likely to have their EB1A petitions approved without a request for evidence.

Revolutionizing Talent Acquisition: CEO Develops Data-Driven Approach for Evaluating EB-1A Visa Applicants

Ranjeet Mudholkar, CEO of Next League Executive Board LLC, has developed a data-driven approach to evaluating EB-1A visa applicants, which could reshape global talent acquisition. The EB-1A visa is a key pathway for skilled individuals to work in the US. Mudholkar, along with AI expert Ankit Virmani and law expert Mohammad Shair, created the Mudholkar-Virmani-Shair Extraordinary Ability Score (MVS-EAS), a framework that uses AI, statistical methods, and legal principles to objectively assess EB-1A petitions. The model quantifies an applicant's expertise and achievements into a comprehensive score. This approach could be used by businesses to improve their talent acquisition processes by shifting from subjective assessments to objective, measurable outcomes. Future research will focus on validating the model with real-world data and exploring further integration of qualitative expert assessments.

PR Firm Assists AI Experts with Visa Process Following Biden's Executive Order

President Biden’s recent executive order on AI has simplified the visa process for AI experts seeking EB1A visas. This has led PR firm Baden Bower to assist these professionals in meeting the strict visa requirements. The firm helps applicants turn their technical achievements into compelling stories that align with immigration officials' criteria. This includes getting clients featured in top-tier publications, securing speaking opportunities at leading AI conferences, and enhancing applicants’ visibility to industry leaders. The firm is preparing for an expected increase in EB1A applications from AI professionals following the executive order. It collaborates with immigration lawyers and AI experts to ensure its PR campaigns are legally sound and technically up-to-date.

Self Petition FAQ: Can I apply for EB1A if I am a coach or trainer?

Yes, you can apply for EB1A as a coach or trainer. This category is not limited to people with advanced degrees; it is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. The key to a successful EB1A application is demonstrating that you have "sustained national or international acclaim" and that your achievements have been recognized in your field of expertise. This could include awards, media coverage, or a high salary relative to others in the field. You also need to show that you will continue working in your area of expertise in the U.S., and that your work will substantially benefit the U.S.

Understanding Employment-Based Immigration Processes: Prevailing Wage Determination and Requirements

Employment-based immigration processes like PERM labor certification and H1B nonimmigrant visa classification require employers to obtain a prevailing wage determination from the U.S. Department of Labor (DOL). This wage is determined by the DOL using the O*NET classification system and Occupational Employment Statistics (OES) program. The DOL or employer assigns the wage level based on job requirements, education, work experience, special skills, supervisory duties, and in the case of PERM, travel requirements. The wage must be paid to the employee at the time of hire for nonimmigrant visas, and upon obtaining lawful permanent resident status for PERM labor certification. The employer must also show their ability to pay this wage from when the certification is filed until the employee obtains a green card.

Understanding the ETA Form 9089 and Its Importance in Permanent Employment Certification for Foreign Workers

The ETA form 9089, or PERM labor certification, is an application for permanent employment certification that requires employers to disclose any ownership interest a foreign worker has in the sponsoring entity. This is to ensure the integrity of the process, protect U.S. workers, and confirm that a bona fide job opportunity exists. The U.S. Department of Labor (DOL) may consider the ownership interest as a form of self-employment if it makes the sponsoring entity inseparable from the sponsored employee. The DOL typically audits cases where the employer has disclosed the employee's ownership interest. Failure to disclose this information can lead to severe consequences, including revocation of the approved I-140 petition, delays in the employee's green card, or findings of fraud. It is recommended that employers consult with experienced immigration attorneys before entering such agreements.

Significant Increase in O-1A Visas and National Interest Waivers for High-Skilled Immigrants in the US Following 2022

The US has seen a significant increase in approvals for O-1A visas and National Interest Waivers (NIW) for high-skilled immigrants, particularly in STEM fields, following the Biden Administration's favorable 2022 guidance. The O-1A visa, designed for individuals with extraordinary abilities, has no annual limit, unlike the H-1B visa, making it more accessible. The 2022 guidance clarified eligibility for O-1A visas, leading to increased applications and approvals. NIWs, which bypass the labor certification process for green cards, also expanded eligibility. The changes have impacted approval rates, making it easier for high-skilled professionals to contribute to the US economy. Both visas offer a path to long-term tenure in the US without relying on the H-1B lottery. However, USCIS has begun issuing more Requests for Evidence on these visa applications.

Next League CEO Develops AI-Based Framework for EB-1A Visa Talent Evaluation and Acquisition

Ranjeet Mudholkar, CEO of Next League Executive Board LLC, has devised a data-driven framework to help businesses evaluate talent, particularly for the EB-1A visa category. The EB-1A visa is a crucial pathway for skilled individuals, particularly in the technology and biotech sectors. Mudholkar, in collaboration with AI expert Ankit Virmani and law expert Mohammad Shair, developed the Mudholkar-Virmani-Shair Extraordinary Ability Score (MVS-EAS), a framework that uses artificial intelligence, advanced statistical methods and legal principles to objectively assess EB-1A petitions. This data-driven approach can improve the consistency and objectivity of the evaluation process, making it more transparent and equitable. The framework can also be used by businesses to refine their talent acquisition processes, moving from subjective assessments to objective, measurable outcomes.

Self Petition FAQ: Can I include my family members in my NIW green card application?

Yes, you can include your spouse and unmarried children under the age of 21 in your NIW green card application. They are considered derivative beneficiaries of your application and can apply for an adjustment of status to permanent residency along with you. This is beneficial as it allows your family to obtain their green cards without having to separately meet the eligibility requirements for the EB2-NIW category. For individuals with an advanced degree, this is particularly advantageous as it eases the immigration process for their family members who may not have similar educational qualifications. However, it's important to note that each family member will need to submit separate forms and pay individual processing fees. The success of their applications is contingent upon the approval of your NIW petition.

Self Petition FAQ: How does the EB1A application process differ for athletes versus scientists?

The EB1A application process for athletes and scientists is essentially the same, as both must demonstrate extraordinary ability in their respective fields. However, the key difference lies in the type of evidence provided. Athletes might present records of their performance in international competitions, awards, and testimonials from other recognized athletes, while scientists might present their research findings, patents, publications in prestigious journals, and letters of recommendation from other distinguished scientists. Both athletes and scientists must meet at least 3 out of 10 criteria set by USCIS or provide evidence of a one-time achievement (i.e., a major internationally recognized award). Therefore, the process and criteria are the same, but the evidence provided will depend on the specific field of extraordinary ability.

Biden's Executive Order Eases EB1A Visa Process for AI Professionals; PR Firm Assists with Requirements

President Biden's recent executive order on artificial intelligence (AI) has made it easier for AI professionals to secure EB1A visas. The order streamlines the visa process, prioritizes applications from AI professionals, and updates the criteria to better recognize their unique skills. Baden Bower, a public relations firm, is helping these professionals meet the strict visa requirements by turning their technical achievements into compelling stories that align with immigration officials. The firm's strategy includes getting clients featured in top-tier publications, securing speaking opportunities at leading AI conferences, and enhancing applicants’ visibility to industry leaders. The order is part of a larger strategy to maintain U.S. leadership in AI advancement.

EB1A Visa Program Updates: Easier Access to U.S. Residency for Olympic Medalists

The EB1A visa program now offers Olympic medalists easier access to U.S. permanent residency. Recent updates to the program recognize Olympic medals as a "one-time achievement" of an internationally recognized award, simplifying the application process. However, to obtain a green card through the EB1A, applicants must show that they continue contributing to their sport and maintain high recognition. The new policy has led to a 15% rise in EB1A applications from athletes with Olympic achievements. The EB1A is also open to non-medalists who excel in other areas, provided they meet at least three of ten benchmarks. Professional support, such as that offered by public relations firm Baden Bower, can significantly improve the chances of securing the visa.

Baden Bower Assists International Talent in Navigating the EB1A Visa Process through Media Coverage

Baden Bower, a leading public relations firm, is helping international talent navigate the EB1A visa process to work in the United States. The EB1A visa is for exceptionally skilled individuals who can enhance American industry and culture. With competition for these visas intensifying, Baden Bower guides applicants through the process, improving their chances of success. The firm uses its media connections to secure high-quality press coverage for applicants, providing tangible proof of their prominence. It also offers a money-back guarantee if it does not achieve publication. Baden Bower has assisted over 1,400 EB1A and O-1 visa applicants in securing positive media coverage, playing a crucial role in successful applications.

Understanding the PERM Labor Certification Process for Foreign Nationals Seeking Employment-Based Green Cards in the U.S.

The PERM labor certification is the first step in most employment-based green card cases. Foreign nationals studying in the U.S. often start the process after graduation due to its lengthy duration. However, the PERM process does not grant direct immigration status, so individuals must maintain valid nonimmigrant status during the process. Many students are eligible for one year of optional practical training (OPT) after graduation, which may be extended for STEM graduates. However, OPT often does not cover the full duration of the PERM process, so alternative nonimmigrant status, such as H1B, should be considered. The PERM process requires prior relevant experience, which can be a challenge for recent graduates, and each case requires a specific strategy. The Murthy Law Firm offers assistance throughout the PERM and green card process.

October 2024 Visa Bulletin: U.S. Department of State Reveals New Cutoff Dates for EB1, EB2, EB3,

The U.S. Department of State has released the October 2024 Visa Bulletin, revealing less progress than anticipated for the start of fiscal year 2025. The EB1 cutoff dates for China and India are set at November 8, 2022, and February 1, 2022, respectively, while other countries remain current. The EB2 cutoff dates for China and India are March 22, 2020, and July 15, 2012, respectively, with other countries set at March 15, 2023. The EB3 cutoff dates have advanced for India to November 1, 2012, but retrogressed for China to April 1, 2020, while other countries are set at November 15, 2022. The EB4 cutoff date is set at January 1, 2021, and may expire for certain religious workers on September 30, 2024. The EB5 cutoff dates for China and India have moved to July 15, 2016, and January 1, 2022, respectively.

Self Petition FAQ: What is the "Dhanasar" standard for NIW adjudication?

The "Dhanasar" standard is a three-pronged test used by the United States Citizenship and Immigration Services (USCIS) for adjudicating National Interest Waiver (NIW) petitions under the EB2 immigrant visa category. The standard was established in the 2016 precedent decision, Matter of Dhanasar. The three prongs are: 1) the foreign national's proposed endeavor has both substantial merit and national importance; 2) the foreign national is well-positioned to advance the proposed endeavor; and 3) on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. For individuals with an advanced degree, the Dhanasar standard can be particularly beneficial as their educational background and professional experience can be utilized to demonstrate that they are well-positioned to advance an endeavor of substantial merit and national importance.

Overview of the J-1 Au Pair Visa Program in the U.S.

The J-1 Au Pair visa is a program managed by the U.S. Department of State that allows young people aged 18-26 to live in the U.S. while providing childcare for an American host family. This program promotes mutual understanding through daily interactions and shared responsibilities and supports educational and professional growth. Au pairs typically earn between $10,000 and $15,000 annually, but also receive free room and board. Family members of the J-1 visa holder may apply for J-2 dependent visas, depending on the specific exchange program. Working outside of the J-1 program is considered visa fraud and can lead to legal issues. The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program.

Address Change Requirements for Individuals Filing Immigration Benefit Requests with USCIS

The U.S. Citizenship and Immigration Services (USCIS) requires individuals who have filed an immigration benefit request to notify them of any address changes as soon as possible to ensure uninterrupted correspondence and benefits. Noncitizens in the U.S. must report address changes within 10 days of moving, except for A and G visa holders and visa waiver visitors. The preferred method of address change is through the USCIS online account, as it is processed almost immediately and eliminates the need to mail a paper form. Changing your address with the U.S. Postal Service will not update your address with USCIS. Certain populations may need to follow other program-specific procedures for address changes.

USCIS Extends EAD Renewal Period to Support Noncitizen Employment and Streamline Processes

The United States Citizenship and Immigration Services (USCIS) has extended the automatic renewal period for Employment Authorization Documents (EADs) from 180 to 540 days. This change aims to provide stability for noncitizens legally working in the US by preventing employment gaps while they await the processing of their renewal applications. This initiative is part of a broader USCIS effort to streamline processes and support noncitizen employment. The extended EAD renewal period will be in effect from April 8, 2024, until September 20, 2027, benefiting thousands of noncitizens. The rule also modernizes the EAD application process, expanding online filing options and streamlining adjudication procedures. USCIS is also actively educating work-eligible individuals about the new rule and providing support for EAD applications.

Understanding the EB-2 Visa Category in the US and Its Implications for Indian Professionals

The EB-2 visa category in the US is granted to professionals with advanced degrees or extraordinary abilities in arts, science, or business, and those whose work benefits the national interest. A bachelor's degree with five years of work experience also qualifies. No American sponsor is required for the National Interest Waiver (NIW) sub-category. The USCIS has set a limit of issuing 47,000 EB-2 visas for the financial year 2024, making up 28.6% of the 1.65 lakh employment-based visas allotted annually. However, Indian citizens have been facing challenges in obtaining this visa. Despite this, it is expected that Indians, who constitute a large number in the advanced degrees category, will benefit when new visas are issued.

Self Petition FAQ: Can I use media coverage of my work as evidence?

Yes, you can use media coverage of your work as evidence in an EB1A green card application. This is particularly relevant to individuals with advanced degrees as their work can sometuimes receive public attention and discussion. Media coverage can be used to demonstrate sustained national or international acclaim, a key requirement for the EB1A category. The media coverage must be in recognized media outlets, and it should specifically discuss your work, contributions, and achievements in your field of expertise. It's not enough to simply have media coverage; it should show that you stand out significantly from others in the field. The more prestigious or well-recognized the media outlet, the stronger the evidence. Remember, it's about quality, not just quantity. It's important to provide translations if the coverage is not in English.

Exploring the National Interest Waiver Pathway for Foreign National Workers: An Article by Haseena Enu

Haseena Enu, a partner based in Dallas, TX, has written an article for the Dallas Bar Association's official publication, Headnotes. In the article, she discusses the National Interest Waiver pathway for foreign national workers. Typically, the path to permanent residency for temporary foreign workers begins with a labor certificate from the U.S. Department of Labor, which can take two years to prepare, file, and adjudicate. The National Interest Waiver pathway, however, allows individuals to bypass this by demonstrating their work is in the national interest. This waives the requirement for a labor market test and labor certification, allowing for the direct filing of an I-140 Immigrant Visa Petition.

USCIS Releases H-1B Cap Lottery Statistics for FY 2025: Employers Explore Alternative Visa Options

The United States Citizenship and Immigration Service (USCIS) has released statistics for the H-1B cap lottery for FY 2025. Approximately 442,000 unique beneficiaries were registered, with 135,137 selected in total. This includes 120,603 from the initial selection and an additional 14,534 from the second lottery. The H-1B program allows US employers to temporarily employ foreign workers in highly specialized fields. The current cap on H-1B visas is 65,000 per fiscal year, with an additional 20,000 for beneficiaries with a master’s degree or higher from a US institution. Due to the limited number of H-1B visas, US employers are looking to alternatives like the O-1A and EB-2 NIW visas, particularly for jobs in STEM fields. The approval rates for these alternatives have shown an upward trend.

Filing a Federal Lawsuit Against U.S. Government Under the Administrative Procedure Act for Immigration Cases

The Administrative Procedure Act (APA) allows individuals or employers to file a federal lawsuit against the U.S. government if an immigration case decision is contrary to the law. These lawsuits can challenge erroneous denials, revocations, fraud findings, or unreasonable delays. The ability to file an APA lawsuit depends on the specific legal issue and some discretionary agency actions cannot be challenged. A recent Supreme Court decision has increased the likelihood of success in these cases as federal courts now have more authority to overturn agency decisions. Individuals concerned about governmental retribution should not worry as U.S. federal courts impartially review cases. If traditional options to challenge a decision are unsuccessful, filing a federal lawsuit may be necessary. Legal advice can be sought from a Murthy Law Firm attorney.

Self Petition FAQ: Do I need to be in the U.S. to apply for an NIW?

No, you do not need to be in the U.S. to apply for a National Interest Waiver (NIW) under the EB2-NIW category. The NIW petition can be filed from anywhere in the world. The key requirement is that you must be able to demonstrate that your work is of substantial intrinsic merit and national in scope, and that it benefits the U.S. The U.S. Citizenship and Immigration Services will consider the petition based on the evidence provided, not your physical location. For someone with an advanced degree, an NIW could be a good option because it waives the requirement of a job offer and labor certification, which can expedite the green card process. However, you should consult with an immigration attorney to understand the specifics and potential challenges of your case.

USCIS Updates Guidance on OPT for F-1 Students: Potential Increase in STEM OPT Denials

On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued updated guidance on optional practical training (OPT) for F-1 students. The main change is the modification of when the STEM OPT extension must be filed. This could potentially lead to an increase in the number of STEM OPT denials, based on F-1 students who fail to file the applications in a timely manner. Therefore, F-1 students, like all foreign nationals, need to stay aware of changes in U.S. immigration law and act proactively.

Understanding the J-1 Au Pair Visa Program in the U.S.

The J-1 Au Pair visa allows young people aged 18-26 to live in the U.S and provide childcare for an American host family. Managed by the U.S. Department of State, the visa program promotes mutual understanding through daily interactions and shared responsibilities. The arrangement supports educational and professional growth and ensures both au pairs and host families benefit from a well-regulated exchange. The visa is authorized for those participating in approved programs such as teaching, studying, conducting research, etc. Au pairs typically earn between $10,000 and $15,000 annually, with benefits including free room and board. Family members of the J-1 visa holder may apply for J-2 dependent visas. However, working outside this program is considered visa fraud and can lead to legal issues.

Self Petition FAQ: Who should write my letters of recommendation?

The letters of recommendation for an EB1A self-petition should be written by experts in your field who can attest to your extraordinary ability. These could be professionals with whom you've worked closely, such as colleagues, professors, or supervisors, as well as renowned experts in your field who are familiar with your work. As an individual with an advanced degree, having letters from respected figures in your field of study can provide strong evidence of your extraordinary ability. Importantly, the authors of your recommendation letters should be able to provide specific examples of your contributions and their impact. They should also be capable of explaining why your work stands out and why you are considered one of the small percentage who has risen to the very top of the field of endeavor.

Guidelines for Updating Address with the United States Citizenship and Immigration Services (USCIS)

The text provides guidelines for updating one's address with the United States Citizenship and Immigration Services (USCIS). This is particularly important for noncitizens who must report a change of address within 10 days of moving. The address change can be done online through a USCIS account, which is the recommended method since it ensures immediate processing and continuity of case processing. Changing one's address with the U.S. Postal Service does not update it with USCIS and mail will not be forwarded. If one doesn't have online access, they can mail a Form AR-11 to fulfill the legal requirement. There are also specific procedures for certain populations, such as those with pending or approved adoption applications, attorneys, civil surgeons, and beneficiaries of approved petitions residing outside the U.S.

USCIS Conducts Second Lottery for H-1B Visa Applicants for Fiscal Year 2025

The United States Citizenship and Immigration Services (USCIS) conducted an additional lottery for H-1B visa applicants for fiscal year 2025 on July 30, after an initial lottery earlier in the year. The second lottery was only for those who were unsuccessful in the first round. The USCIS did not hold a second lottery for the master's degree cap as it had already filled the 20,000 cap for FY 2025. The H-1B visa allows U.S. employers to temporarily employ foreign nationals in specialized fields. For FY 2025, USCIS received approximately 442,000 applications and selected 114,017 to meet the 85,000 limit.