New Policy Guidance for Extraordinary Ability Immigrant Applications

Is it easier to get a green card as a person of extraordinary ability given changes in United States Citizenship and Immigration Services (“USCIS”) policy announced on October 2, 2024? The short but lawyerly answer is maybe. What is certain is that the new updates to the USCIS Policy Manual provided clarifications on the types of evidence that may be used to demonstrate eligibility for the extraordinary ability (E11) classification under the EB-1 immigrant visa. The EB-1 visa, specifically the E11 category, is an immigration pathway for individuals with extraordinary ability in the arts, sciences, education, business, or athletics. To qualify, applicants must demonstrate that they have reached the top of their field, with sustained national or international acclaim.

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US Expected to Announce Measures to Ease Visas for Skilled Indian Workers

According to a Reuter’s exclusive report the Biden administration is preparing to “facilitate the residence and employment of Indians in the country” by announcing new regulation that will permit “a select group of Indian and other foreign workers on H-1B visas…to renew their visas within the United States, eliminating the need to travel abroad.” The report reaffirms our previously reported news from The Department of State’s (“DOS”) February announcement introducing the prospect of launching a pilot program for H and L visa holders to renew their visas in the US, instead of having to travel abroad.

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DOS Adopts New Technology and Enhanced Coordination to Streamline Administrative Processing Security Screenings

As part of the visa application process at Embassies, applicants are subject to a background screening process. In accordance with Department of State (“DOS”) procedures the consular officer may determine that “additional information from sources other than the applicant may help establish an applicant’s eligibility for a visa” requiring “administrative processing.”

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As the US Opens for International Travel, Some Remain in Limbo

As previously reported, international travel to the United States was reopened for vaccinated visitors on Monday, November 8, 2021, as a result of President Biden’s Presidential Proclamation. Previously, tourists and visitors who were physically present in the United Kingdom, Ireland, countries in the European Schengen Area, Brazil, China, India, Iran, and South Africa during the fourteen-day period preceding their entry or attempted entry into US were subject to travel restrictions as a result of the COVID-19 pandemic. These restrictions, which barred entry for most non-US nationals have been officially lifted, for those who are fully vaccinated. Travel remains restricted for people who were vaccinated with non-WHO-approved vaccines, such as the Russian Sputnik V vaccine, and the Chinese CanSino vaccine.

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USCIS Will Allow Resubmission of Certain FY 2021 H-1B Petitions Rejected or Closed Due to Start Date

On June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it will be accepting resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed by the service on the basis that the requested start date was after Oct. 1, 2020.

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5 Things to Remember Before You Travel Internationally this Holiday Season

As the holidays approach doesn’t it seem as if things are moving at warp speed? If you are like me, you have several lists going: work projects to finish before the end of the year, gifts to purchase, cards to send, things to pack, and more! As we have in prior years, we thought it would be helpful to give foreign nationals who are traveling internationally one additional list (sorry) to ensure all goes as smoothly as possible and that you can enjoy the holiday season without being overly worried about immigration status and visa stamps. Now that we’ve made this list, make sure you check it twice (as the song says)!

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USCIS Will Reject I-129 Petitions Without Petitioner’s or Applicant’s Primary US Office Address

Effective August 5, 2019, USCIS will begin rejecting Form I-129, Petition for a Nonimmigrant Worker, petitions that do not include the petitioner’s or applicant’s name and primary US office address in Part 1 of Form I-129. Currently, USCIS rejects Form I-129 for several reasons which may include lack of signature, incorrect fees, or unauthorized third party signing on behalf of the petitioner.  USCIS notes: “DHS regulations require every form to be submitted in accordance with the form instructions, and allow USCIS to reject any benefit request that is not filed in compliance with the regulations governing the specific benefit request.”  

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The Cato Institute: “Immigration Application Denial Rates Jump 37% Under Trump”

According to new data from US Citizenship and Immigration Services (USCIS), denials for numerous immigration applications and petitions have significantly increased over the past fiscal year. In the first nine months of Fiscal Year (FY) 2018, denials for numerous immigration benefits have increased 37% since FY 2016.

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