Requesting Social Security Updates with Form N-400

Effective April 1, 2024, foreign nationals filing an application for naturalization (Form N-400) now have the option to request an original or replacement Social Security number (SSN) or card directly through the application process. This means applicants can update their immigration status with the Social Security Administration (SSA) without having to visit an SSA office. However, additional information may be requested by the SSA if needed.

The revised Form N-400 now includes a third gender option, “X,” allowing applicants to identify as “Another Gender Identity.” If an applicant has a pending N-400 application and wishes to change the gender listed to “X,” they can do so by notifying USCIS. Please note that selecting the “X” gender option may require a visit to an SSA office for a Social Security card or to update citizenship status. 

USCIS Announces Employment Authorization Procedures for Palestinians Covered by Deferred Enforced Departure (DED)

For Palestinians covered by Deferred Enforced Departure (DED), which is valid for 18 months from February 14, 2024, until August 13, 2025, employment and travel authorization are now available. Additionally, Palestinian F-1 students benefit from relaxed employment rules during this period. Furthermore, the Department of Homeland Security (DHS) has extended and redesignated Ethiopia for Temporary Protected Status (TPS) for 18 months, from June 13, 2024, through December 12, 2025. Certain relaxed employment authorization rules for Ethiopian F-1 students have also been extended. 

Understanding the EB-1A Visa: A Path for Extraordinary Individuals

Introduction

EB-1A is an employment-based immigrant visa category for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. To qualify, you must meet at least three out of ten specific criteria demonstrating extraordinary ability in your field. These criteria include things like receiving major awards, membership in professional associations, and evidence of original contributions to your field. By meeting three or more of these criteria, you may qualify for the EB-1A visa without needing to worry about the backlog in the EB-2 and EB-3 categories.

This article delves into the intricacies of the EB-1A visa, outlining its eligibility criteria, application process, and benefit. 

What is EB-1A?

The EB-1A visa falls under the employment-based first preference category, prioritizing individuals with exceptional skills. Unlike other employment-based visas, the EB-1A does not require a specific job offer or labor certification. Instead, it focuses on the applicant's extraordinary abilities and achievements.

Eligibility Criteria

To qualify for the EB-1A visa, applicants must demonstrate extraordinary ability in their field. The U.S. Citizenship and Immigration Services (USCIS) requires evidence of meeting at least three out of ten specific criteria, including:

1. Receipt of major awards or prizes in the field.
2. Membership in associations that require outstanding achievements.
3. Published material about the applicant's work in professional or major media outlets.
4. Participation as a judge of others' work in the field.
5. Original contributions of significance to the field.
6. Authorship of scholarly articles in professional journals or major media.
7. Display of work at artistic exhibitions or showcases.
8. Performance of a leading or critical role in distinguished organizations.
9. High salary or remuneration compared to others in the field.
10. Commercial success in the performing arts.

Applicants must provide extensive documentation to substantiate their claims of extraordinary ability. This may include awards, publications, media coverage, patents, letters of recommendation, and other forms of recognition.

Application Process

The EB-1A application process involves several steps, including:

1. Form I-140: The applicant or their employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. Along with the form, the applicant submits evidence supporting their extraordinary ability.
2. Premium Processing (Optional): Applicants can opt for premium processing, which expedites the adjudication process to 15 calendar days for an additional fee.
3. Adjustment of Status or Consular Processing: Once USCIS approves the I-140 petition, applicants can adjust their status to permanent residency if they are already in the United States and the priority date is current. Alternatively, those outside the U.S. undergo consular processing at a U.S. embassy or consulate.

Benefits of EB-1A Green Card

The EB-1A visa offers several benefits to qualified applicants, including:

1. Priority Date: Unlike the EB-2 and EB-3 categories, which often have lengthy backlogs, the EB-1A category typically has a current priority date or much shorter wait then EB-2 and EB-3 priority dates. This means applicants can skip the wait associated with visa bulletin updates.
2. No Labor Certification: The EB-1A visa does not require labor certification, streamlining the application process and eliminating the need for a job offer from a U.S. employer.
3. Flexibility: Once granted, the EB-1A visa provides flexibility for the applicant to pursue their career goals and opportunities in the United States without being tied to a specific employer or position.

Conclusion

The EB-1A visa offers a viable pathway to permanent residency for individuals with extraordinary ability in their fields. By meeting the stringent eligibility criteria and providing compelling evidence of their achievements, applicants can navigate the immigration process with confidence. With its expedited processing and current priority date, the EB-1A visa serves as a valuable option for talented individuals seeking to establish themselves in the United States.

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.

Sincerely,

Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.