Rising NIW rejection rates: Examining changes in eligibility criteria

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Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?

 

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The USCIS is currently focusing on two main aspects when evaluating NIW petitions:

  1. National Importance of Your Work:

They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.

Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.

  1. Comparative Contribution:

USCIS is looking at how your work stands out from others in your field.

They want to see that your contribution is not just significant but also distinguishable from your peers' work.

These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.

 

Maintaining LPR status (Green Card) during extended absences for employment

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I have a family-based green card. For my job, I need to travel outside of the US for 150-160 days (3 days per week for the entire year). I am worried that I may lose my green card. What shall I do to retain my green card and still maintain this schedule of travel for my job?

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To maintain your green card during extended absences:

  • Brief trips under 6 months are generally fine. 
  • For longer absences Apply for a re-entry permit, allowing travel for up to 2 years.Consider filing  Form N-470 to preserve continuous residence for naturalization.
  • Avoid absences of 6 months or more; return within 6 months each time.
  • Maintain strong ties to the U.S. (family, home, job) to demonstrate intent to reside permanently.
  • If travels are work-related and you have significant U.S. ties, your green card status is less likely to be at risk.
  • Absences of one year or more can lead to loss of green card status without proper documentation.

Concerns regarding nonpayment of wages and potential H-1B impact

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I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?

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If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:

  • File a complaint with the U.S. Department of Labor's Wage and Hour Division.
  • You can file online or by phone (search for "LCA complaint US Department of Labor").
  • This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
  • Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
  • Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.

EB-2 NIW I-140 portability for employer-sponsored cases

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My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?

 

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The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.

 

USCIS Updates Policy Guidance Clarifying Expedite Requests

USCIS is updating guidance in the USCIS Policy Manual to clarify how USCIS considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedite request and explains how USCIS processes expedite requests.

Government Interests

Visa Bulletin For November 2024

Number 95
Volume X
Washington, D.C

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A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law