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USCIS Expands Green Card Eligibility for STEM Professionals

On April 10, U.S. Citizenship and Immigration Services (USCIS) has announced a policy revision that clarifies the fields eligible for a simplified green card process under Schedule A, Group II. This adoption of the DOL’s definition appears to further the administration’s commitment to STEM (science, technology, engineering and mathematics) by providing clarity with regard to the requirements for an existing pathway for international STEM scholars, students, researchers and experts to remain in the United States. 

 Employers can sponsor foreign national employees for permanent residence in Schedule A occupations bypassing the lengthy and intricate PERM process (Labor Certification).

WHAT’S NEW: The revised definition of “science or art” now includes any discipline in which colleges and universities typically offer degrees. As a result, a broader range of STEM experts may now be eligible for the Schedule A process.

WHO IS ELIGIBLE?

  • Exceptional STEM Talent: The stringent criteria for “exceptional ability” remain in place. You must show international recognition and acclaim in your field.
  • Expanded Fields: Individuals with degrees in a broader range of STEM disciplines are now eligible.

EVIDENCE OF EXCEPTIONAL ABILITY

To demonstrate exceptional ability, you must provide documentation that meets at least two of the following seven criteria:

  • International Recognition: Awards, prizes, or other recognitions from reputable international organizations in your field.
  • Membership in Elite Organizations: Membership in exclusive professional organizations that require significant achievements for admission.
  • Media Coverage: Articles or features about you or your work in prominent publications or media outlets.
  • Judging Expertise: Evidence of your participation as a judge of the work of others in your field.
  • Significant Research Contributions: Documentation of your original research that has made a substantial impact on your field.
  • Publications: Published articles in top-tier international journals or professional publications.
  • Exhibitions: Proof of your work being displayed at exhibitions or showcases in various countries.

BENEFITS OF THE SCHEDULE A, GROUP II PROCESS

  • Faster Green Card Process: The Schedule A process is quicker and less complex than the traditional PERM process, allowing employers to directly petition for permanent residency (a green card) for the foreign national.
  • More Opportunities: This update opens the door for more talented individuals to pursue a green card in the United States.
  • No Degree Required: International employees do not need to have a degree from a U.S. college or university to qualify.
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USCIS Increases I-140 (Employment Based) Premium Processing fee to $2,805

In Recent updates , U.S. Citizenship and Immigration Services announced a final rule that will increase the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation.

As per USCIS , the fee change will go into effect on Feb. 26, 2024. If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024 with the incorrect filing fee, we will reject the Form I-907 and return the filing fee.

The Premium Processing fee adjustment for various case types:

  1. Form I-129, Petition for a Nonimmigrant Worker (H-1B, L-1A, L-1B, O-1, TN-1, etc.):
    • Previous Fee: $2,500
    • New Fee: $2,805
  2. Form I-129, Petition for a Nonimmigrant Worker (H-2B or R-1 nonimmigrant status)
    • Previous Fee: $1,500
    • New Fee: $1,685
  3. Form I-140, Immigrant Petition for Alien Worker:
    • Previous Fee: $2,500 (Employment-based (EB) classifications)
    • New Fee: $2,805 (Employment-based (EB) classifications)
  4. Form I-539, Application to Extend/Change Nonimmigrant Status:
    • Previous Fee: $1,750 (Various classifications)
    • New Fee: $1,965 (Various classifications)
  5. Form I-765, Application for Employment Authorization:
    • Previous Fee: $1,500 (Certain F-1 students with specific categories)
    • New Fee: $1,685 (Certain F-1 students with specific categories)
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USCIS Removes 60-Day Rule for Medical Exam Form I-693

Recently, the U.S. Citizenship and Immigration Services (USCIS) announced that it has removed the 60-day rule for civil surgeon signatures on Form I-693 Report of Immigration Medical Examination and Vaccination Record, also known as the immigration medical exam.

Green card applicants can now submit their medical exam results form up to two years after the civil surgeon signed it. Previously, green card applicants were required to have a civil surgeon sign Form I-693 within 60 days of submitting their green card application or risk its rejection with USCIS. This requirement placed an additional burden on immigrants and raised their risk of receiving a Request for Evidence (RFE).

The removal of the 60-day deadline will give applicants more time and flexibility when searching for a qualified physician who can sign off on their medical examinations. It could also reduce delays caused by having to resubmit documents if they submitted their form more than 60 days from when the civil surgeon signed it.

“While the 60-day rule was intended to enhance operational efficiency and reduce the need to request updated Forms I-693 from applicants, in practice these efficiencies have not been realized,” USCIS said in a press release.

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Green Card Validity Extension to 24 Months for GC Renewals

U.S. Citizenship and Immigration Services (USCIS) , Effective Sept 26’2022, is automatically extending the validity of Green Cards (Lawful Permanent Resident Cards) to 24 months for GC holders who file Form I-90 (Application to Replace Permanent Resident Card).

As per USCIS, Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 12-month extension of the validity of a Green Card. The language on Form I-90 receipt notices to extend the validity of a Green Card for 24 months for individuals with a newly filed Form I-90 has been updated by USCIS. On Sept. 26, USCIS started printing amended receipt notices for applicants with a pending Form I-90.

Individual applicants can present the receipt notice with an expired Green Card as evidence of continued status. This extension is expected to help applicants who experience longer processing times because they will receive proof of lawful permanent resident status as they await their renewed Green Card.

If you need evidence of your lawful permanent (if you don’t have a GC card) resident status while waiting to receive your replacement Green Card, you may request an appointment at a USCIS Field Office by contacting the USCIS Contact Center, and we may issue you an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after you file Form I-90.

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USCIS Encourages Employment–Based Green Card Applicants to Submit I-693 (Medical Exams) before Sept 30, 2022

U.S. Citizenship and Immigration Services (USCIS) is encouraging certain employment-based adjustment of status (green card) applicants with approved I-140 petitions to complete their medical examinations (I-693 Form) before the end of the fiscal year (FY) on September 30, 2022. Consular closures during the COVID-19 pandemic resulted in a surplus of unused employment-based immigrant visas. According to USCIS, there are approximately double the usual number of immigrant visas available for FY 2022. USCIS stated that it remained committed to using “as many available employment-based visas as possible” before the end of FY 2022, though the agency indicated that its efforts had been stymied by missing or invalid medical exam filings.

Green card applicants must submit a valid Form I-693, Report of Medical Examination and Vaccination Record, to establish that they are not inadmissible to the United States on public health grounds.

USCIS recommends the following:

  • For eligible employment-based applicants within the United States who have yet to file their green card applications, USCIS recommends including a valid Form I-693 at the time of filing.
  • For applicants in the United States with approved I-140 petitions and current priority dates, but who filed their green card applications without including a valid Form I-693, USCIS recommends visiting a civil surgeon to get a valid Form I-693 before USCIS sends the request. According to USCIS, applicants should not send their medical examinations to the agency until formally requested to do so. Form I-693 is valid for two years from the date that the civil surgeon signs the form.

USCIS is also working closely with the U.S. Department of State to process employment-based immigrant visas for applicants living outside the United States.

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USCIS to process more Employment Green Cards FY21-22

In a Welcome development for all Foreign Nationals/Immigrants waiting for Employment-based green cards in the United States, more Visas will be available under high priority categories this fiscal year FY21-22.

As per US Citizenship and Immigration Services (USCIS) news alert ( Release Date: Feb 18, 2022),

“U.S. Citizenship and Immigration Services urges eligible employment-based green card applicants to consider transferring their pending adjustment of status (I-485) applications to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, as there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022)”.

If you are a Ph.D., Ph.D. student, Postdoc, or even a Master student, you can apply for a U.S. Green Card yourself (Self-Petition) under Extraordinary Ability Criteria (EB1-EA) or EB2-NIW (National Interest Waiver).

Under the March 2022 Visa Bulletin, the first employment-based categories, EB-1, remain “current” for all chargeability areas (China, India, Mexico, Philippines, Vietnam, Central America, and the rest of the world). This means that all applicants chargeable to this allocation may continue to file adjustment status applications in March 2022.

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Feb 2022 Visa Bulletin: EB1 Dates Remain “Current” for all Countries.

Feb 2022 Visa Bulletin: The Bulletin includes both Final Action Dates and Dates for Filing Visa Applications.

Under the Feb 2022 Visa Bulletin, the first employment-based categories, EB-1, remain “current” for all chargeability areas (China, India, Mexico, Philippines, Vietnam, Central America, and the rest of the world). This means that all applicants chargeable to this allocation may continue to file adjustment status applications in Feb 2022.

The priority Date “Current” means no backlog or no wait time for a green card. A green card is available to you within the Employment-based VISA preference category.

Priority Dates: Generally, the priority date is the date when the immigrant petition is properly filed with USCIS.  In some instances, the priority date is when the labor certification application was accepted for processing by the Department of Labor.

Final Action Dates: Final action dates are based on both the green card category and the chargeability area- your country of origin.

For Foreign Nationals/Immigrants: If you are a Ph.D., Ph.D. student, Postdoc, or even a Master student, you can apply for a U.S. Green Card yourself (Self-Petition) under Extraordinary Ability Criteria (EB1-EA)

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Green Card Applicants can apply for a Social Security Number during I-485 process

On Aug. 9, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that “applicants filing for lawful permanent resident status are now able to apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process”.

Previously, Lawful Permanent Resident (LPR) applicants were required to submit a separate application for an SSN at a Social Security office. USCIS has updated Form I-485, Application to Register Permanent Residence or Adjust Status, to append the additional questions required to apply for a Social Security Card at the same time.

After approval of I-485 for the Green Card applicant, USCIS will electronically furnish the data to the SSA. Upon receiving the data, Social Security Administration (SSA) will issue automatically an original SSN card.

USCIS Partnership with SSA will not increase the fee for Form I-485, Application to Register Permanent Residence or Adjust Status. USCIS receives about 576,000 Forms I-485 annually.

USCIS Updated I-485 Form

https://www.uscis.gov/sites/default/files/document/forms/i-485.pdf

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USCIS Released August 2021 Visa Bulletin: EB-1 Priority dates remain “Current”

August 2021 Visa Bulletin: The Bulletin includes both Final Action Dates and Dates for Filing Visa Applications.

Under the August 2021 Visa Bulletin, the first employment-based categories, EB-1, remain “current” for all chargeability areas (China, India, Mexico, Philippines, Vietnam, Central America, and the rest of the world). This means that all applicants chargeable to this allocation may continue to file adjustment status applications in August 2021.

There are slow-to-moderate advancements in priority dates for India and China in the employment-based final action dates (EB2 & EB3). It is predicted that the new fiscal year will fetch noteworthy advancements in all impacted classifications, particularly EB2 and EB3 for India and China.

Priority Dates: Generally, the priority date is the date when the immigrant petition is properly filed with USCIS.  In some instances, the priority date is when the labor certification application was accepted for processing by the Department of Labor.

Final Action Dates: Final action dates are based on both the green card category and the chargeability area- your country of origin.

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April 2021 Visa Bulletin: EB1 is ‘Current’ for all Chargeability areas

One of the most important factors of securing a green card in the U.S. is waiting for your Priority Date to be Current.

As per April 2021 Visa Bulletin

The biggest and most encouraging news for all EB1 Applicants is that EB-1 is ‘Current’ for all Chargeability areas. The final action dates for the Employment-based EB1 category are “current” for all Chargeability areas including India and China. The Dates for filing of Employment-based Visa application in the EB1 category is also “current” for all countries.

For India and China, EB1 becomes current for the first time since March 2018.

The priority Date “Current” means no backlog or no wait time for a green card. A green card is available to you within the Employment-based VISA preference category.

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