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New USCIS Guidance Encourages STEM Graduates to Self-Petition for EB-2 NIW Green Cards

On January 21, 2022, U.S. Citizenship and Immigration Services (“USCIS”) announced their updated guidance on adjudicating requests for Employment-Based, Second Preference National Interest Waivers (“NIW”). NIWs are reserved for eligible foreign nationals with advanced degrees (masters or higher) or “exceptional ability” who seek to live permanently in the U.S. to perform work considered in the national interest. The EB-2 NIW program allows prospective immigrants to skip the time-consuming and burdensome Permanent Labor Certification (“PERM”) process and apply directly for lawful permanent residence with or without a U.S. sponsor employer. The EB-2 NIW green card option is the one of the few available green card paths that may be “self-petitioned,” meaning that EB-2 NIW applicants do not require an employer sponsor. USCIS uses its discretion to grant NIW applications on a case-by-case basis. Read more here:  https://www.charlottelaw.net/blog/New-USCIS-Guidance-Encourages-STEM-Graduates-to-Self-Petition-for-EB-2-NIW-Green-Cards

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Going forward, USCIS is applying the 1999 Interim Field Guidance which was in place before the Public Charge Final Rule was implemented on February 24, 2020, to the adjudication of any application for adjustment of status. See more details here 

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PP 10014applied to all family-based preference categories and Diversity Visa Lottery winners (but not ‘immediate relative’ spouses, minor unmarried children, or parents of U.S. citizens) who were applying for permanent residence at U.S. Embassies worldwide. Read more here 

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The EOs confront the Trump administration controversial legacy on separating migrant children from their families, dismantling the asylum system, and creating obstacles in the legal immigration system. 

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New COVID-19 travel bans restrict entry to the United States for foreign nationals who have been physically present in various European countries, Brazil, and South Africa within the past 14 days, unless they qualify for an exception. Additionally,  all U.S.-bound international travelers, including U.S. citizens and permanent residents, need a negative covid test. 

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By the end of the inauguration day, he signed a series of immigration-related executive actions intended to begin repairing the damages done by almost 4 years of Trump’s anti-immigration policies and to erase Trump’s legacy on America’s immigration system. See a summary of executive actions here

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Under the final rule, USCIS would still utilize the regular cap and masters cap. However, it would discontinue the randomized H-1B lottery selection process and replace it with a wage-level based preference allocation process. Allocation of H-1B visas would be based on the highest OES prevailing wage level that the offered wage equals or exceeds, starting with level four and then continuing to select cases in descending order of OES wage levels.  If you want to understand your options, please contact our immigration lawyers

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President-Elect has pledged a thoroughly detailed plan to reverse most of President Trump’s most controversial and harmful immigration measures. The immigration community is holding tightly to this hope. Charlotte Immigration Law Firm are optimistic that President-Elect Biden is prepared to do what he says on immigration.

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The proclamations have been continued until March 31, 2021. PP 10014 suspends the entry to the United States of certain immigrant visa applicants, while PP 10052 suspends the entry to the United States of certain nonimmigrant visa applicants who present a risk to the U.S. labor market during the economic recovery following the novel coronavirus outbreak.

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Such delays have impacted the scheduling and rescheduling of routine biometrics appointments at Application Support Centers (ASC) across the United States—necessary procedures for most green card, naturalization, and nonimmigrant status extension applications.

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DOS has updated its FAQ and noted that it is still unable to provide a specific date for when each mission will resume specific visa services, or when each mission will return to processing at pre-COVID levels.

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Until the agency is able to resume its full processing capacity, USCIS advises stakeholder to:

File online to the extent that the such application is available for online processing;

Create a free USCIS online account and check the status of your case, and/or

Complete Form G-1145, E-Notification of Application/Petition Acceptance, and clip it to the front of your form to request a text message and/or email when we accept your form.

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Alex Muntean and Benjamin Snyder were recognized as two of the top immigration lawyers in the nation.  Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

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USCIS has not yet indicated whether it will voluntarily comply with the court’s order. As of the time of this writing, USCIS has not published any response or reaction to the Southern District of New York’s new directives.

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DHS memo was issued following a number of court decisions ordering the Trump Administration to resume the original DACA program. 

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On July 16, 2020 a federal court ordered the Trump administration to resume processing new initial Deferred Action for Childhood Arrival (DACA) applications.      

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On June 22, 2020 President Trump signed an executive order temporarily suspending the issuance of employment-based visas, including H-1B for highly-skilled workers through the end of the year.