Asia Press Agency

Tag: USCIS

  • H-1B Visa Application Process for Fiscal Year 2025 to Begin

    H-1B Visa Application Process for Fiscal Year 2025 to Begin

    The US Citizenship and Immigration Services (USCIS) has revealed that the submission procedure for H-1B visa applications for the fiscal year 2025 will begin on March 6. This announcement is accompanied by a notable redesign of the annual lottery system for the H-1B visa, a non-immigrant visa used by US companies to employ foreign workers in speciality occupations requiring theoretical or technical expertise.

     

    Here are key details about the upcoming H-1B visa application process:

    • Registration Period: The initial registration period for the fiscal 2025 H-1B cap will open at noon Eastern on March 6 and continue through March 22. During this time, prospective petitioners and their advocates must use a USCIS online account to electronically register each beneficiary for the selection process and pay the registration fee for each beneficiary.

     

    • Account Opening: Starting February 28, companies can open their accounts, which will be used to initiate and complete the registration process.

     

    • Passport Information Requirement: Beginning with fiscal 2025 (starting October 1, 2024), registrants must provide valid passport information or valid travel document information for each beneficiary during the registration process.

     

    • Beneficiary-Centric Selection Process: The redesigned system introduces a beneficiary-centric selection process for registrations by employers. Each beneficiary must be registered under one passport or travel document.

     

    • Individual Application Counting: H-1B visa applications will be counted and accepted based on individual applicants, reducing the potential for abuse and fraud in the system. Even if an individual files multiple applications for various companies, they will be counted as one application based on personal credentials like passport numbers.

     

    • New Rules for Integrity: USCIS has introduced new rules aimed at strengthening the integrity of and reducing the potential for fraud in the H-1B registration process. The rules include provisions to reduce the potential for gaming the registration system and ensure equal chances for each beneficiary.

     

    • Formalized USCIS Authority: The final rule formalizes USCIS’s authority to reject or cancel H-1B petitions in cases where the underlying registration was void or contained fraudulent information. Additionally, USCIS may deny or revoke the approval of an H-1B petition if it finds that the registration fee was rejected, not reconciled, contested, or otherwise illegal after the petition was submitted.

     

    This announcement follows the launch of a pilot program on January 29, allowing the renewal of H-1B visas domestically, potentially benefiting thousands of Indian tech professionals. The H-1B visa remains crucial for US companies, particularly in the technology sector, to fill positions requiring specialized skills.

  • US: Work Authorization for Green Card Applicants to 5 Years

    US: Work Authorization for Green Card Applicants to 5 Years

    In a significant development, the US Citizenship and Immigration Services (USCIS) has announced an update that has the potential to benefit many Indians, especially those waiting for US green cards. The latest development reveals that the US will now offer employment authorization cards with a five-year validity to some non-immigrant categories, including individuals in the green card application process.

     

    The USCIS has extended the maximum validity period of Employment Authorization Documents (EAD) to five years for both initial and renewal EADs for specific non-citizens who require employment authorization. These non-citizens include applicants for asylum or withholding of removal, those applying for adjustment of status under INA 245, and individuals seeking suspension of deportation or cancellation of removal, as mentioned by the federal agency.

     

    This extension of EAD validity to five years is part of the USCIS’s efforts to streamline its processes, reduce the number of new Forms I-765, and alleviate associated processing times and backlogs.

     

    The USCIS emphasizes that whether a noncitizen maintains their employment authorization depends on their underlying status, circumstances, and the category under which they applied for the EAD.

     

    For example, if an individual receives an EAD based on a pending adjustment of status application and is granted the maximum validity period of five years, but their adjustment application is subsequently denied, their ancillary employment authorization might be terminated before the expiration date printed on their EAD.

     

    It’s essential to note that more than 1.05 million Indians are currently waiting for employment-based Green Cards, and approximately 400,000 of them may pass away before they receive their long-awaited legal permanent residency documents in the United States.

     

    What is a Green Card?

    A Green Card, officially known as a Permanent Resident Card, serves as documentation issued to immigrants in the United States, indicating that the holder has been granted the privilege of residing permanently within the country. Per-country caps are numerical limits imposed on the issuance of Green Cards to individuals from specific countries.

     

    The backlog for employment-based Green Cards reached a new high this year, with approximately 1.8 million cases awaiting processing. A study conducted by David J. Bier of the Cato Institute, an American libertarian think tank, reported that out of the 1.8 million cases in the backlog, over 1.1 million (approximately 63%) are from India. An additional 250,000 cases (about 14%) are from China. The growing backlog reflects the challenges faced by immigrants in obtaining permanent residency through employment-based Green Cards in the United States.