Dear Clients and Colleagues,

We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:

FY 2026 Diversity Visa Lottery Registration Opened on October 2, 2024

The U.S. State Department began accepting online registrations for the Fiscal Year 2026 Diversity Visa (DV) lottery on October 2, 2024, at noon EDT. Foreign nationals interested in applying have until Tuesday, November 5, 2024, at noon EST to submit their entries online.

The DV lottery for FY 2026 will offer up to 55,000 green cards through random selection. Results will be announced in May 2025, and those selected can start applying for their green cards on October 1, 2025.

Who Can Enter the Lottery?

• The lottery is open to people from countries with low immigration rates to the U.S.
• Individuals from countries with high immigration rates cannot apply.
• Countries excluded this year include: Bangladesh, Brazil, Canada, China (including mainland and Hong Kong), Colombia, Cuba, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam.
• People born in Macau SAR and Taiwan can participate.
• Those from excluded countries may qualify through a spouse or parent born in an eligible country.
• Applicants must have either a high school diploma (or equivalent) or two years of qualifying work experience in the last five years.

How to Register for the Lottery?

• Submit an online form and a digital photo via the official DV lottery website. You may include your spouse and children in the entry.
• Only one entry per person is allowed. Multiple entries will result in disqualification.
• Follow the State Department's official lottery instructions carefully, as incorrect entries or photos will be disqualified.
• After submission, you'll receive a confirmation number to check the status of your application.

Top 10 Mistakes to Avoid When Submitting a Diversity Visa Lottery Application

Applying for the Diversity Visa (DV) Lottery can be simple, but many applicants make errors that can lead to disqualification. Here are the most common mistakes:

1. Submitting Multiple Entries: Entering more than once in the same year results in automatic disqualification.
2. Incorrect Personal Information: Errors like misspelled names or wrong birth dates can disqualify the application.
3. Submitting a Low-Quality Photo: Failing to meet the strict photo requirements, such as using an old or incorrect photo, can lead to disqualification.
4. Not Listing All Eligible Family Members: Failing to include your spouse or children under 21, including stepchildren, may result in disqualification.
5. Applying from an Ineligible Country: Only those from countries with low U.S. immigration rates are eligible, so applying from an ineligible country disqualifies you.
6. Inconsistent Information: Inconsistencies between the lottery entry and later forms can cause problems during the application process.
7. Missing the Deadline: Late submissions are not accepted, and missing the application window means you can't participate that year.
8. Losing the Confirmation Number: This number is required to check your application status, and losing it means you can't track your entry.
9. Not Meeting Education or Work Experience Requirements: Applicants must have a high school diploma or qualifying work experience to be eligible.

10. Hiring Unreliable Agents: Using fraudulent agents may result in multiple entries or misuse of your information, which can lead to disqualification.

Avoiding these mistakes is key to a successful DV Lottery application. Good luck to all applicants! 

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USCIS Issues New Guidance on EB-1 Extraordinary Ability Eligibility Criteria

U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance regarding the evidence required to establish eligibility for the EB-1 Extraordinary Ability (E11) immigrant visa classification. This update clarifies the types of evidence USCIS may consider when evaluating a petitioner's qualifications.

Key aspects of the policy update include:

• Acceptance of Group or Team Awards: USCIS will now consider an individual's receipt of team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field.
• Recognition of Past Memberships: Past membership in reputable organizations can be used to meet the membership criterion, providing broader opportunities to qualify under this requirement.
• Clarified Criteria for Published Material: USCIS has removed the requirement that published materials must demonstrate the value of the individual's work to satisfy this criterion. The published material can now focus on other aspects of the individual's accomplishments.
• Acceptance of Non-Artistic Exhibitions: While “exhibition” is generally defined as a public showing, USCIS clarified that non-artistic exhibitions will also be considered if submitted as part of comparable evidence to support an individual's claim.

This policy guidance provides additional clarity for petitioners and aims to increase transparency when submitting evidence to establish eligibility under the EB-1 category. It also builds on previous updates, ensuring consistency in the interpretation of the regulations.

This update is effective immediately and supersedes any previous guidance on these topics. For more information, please refer to the USCIS Policy Manual, Volume 6, Part F, Chapter 2.

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Navigating the Self-Petition Process for an EB-1A Green Card: A Pathway for Extraordinary Individuals

The EB-1A (Alien of Extraordinary Ability) green card is one of the most sought-after routes for individuals looking to move to the United States without employer sponsorship or the need for significant financial investments. What sets the EB-1A apart from other employment-based green card categories is that it allows qualified individuals to self-petition, meaning you can apply for a green card on your own behalf if you can prove that you have risen to the very top of your field of expertise.

What is an EB-1A Green Card?

The EB-1A green card is part of the Employment-Based First Preference (EB-1) category, designed for individuals who can demonstrate extraordinary ability in fields such as the arts, sciences, education, business, or athletics. Unlike other employment-based visa categories, the EB-1A does not require employer sponsorship. Instead, individuals who meet the eligibility requirements can self-petition, making it an ideal option for those who want more control over their immigration process.

Eligibility Requirements for EB-1A

To qualify for an EB-1A green card, you must provide evidence that you have extraordinary ability in your field, which means that you have risen to the top of your profession. The U.S. Citizenship and Immigration Services (USCIS) has outlined 10 criteria, and you must meet at least three of these to establish eligibility. These criteria include:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field.
2. Membership in associations that require outstanding achievement of their members.
3. Published material about you in professional or major trade publications.
4. Participation as a judge of the work of others in your field.
5. Original contributions of major significance in your field.
6. Authorship of scholarly articles in your field.
7. Display of your work at artistic exhibitions or showcases.
8. Leading or critical role in distinguished organizations.
9. High salary or other significantly high remuneration compared to others in your field.

10. Commercial success in the performing arts.

Meeting the Merit Test

In addition to meeting at least three of the 10 criteria, applicants must also pass what USCIS refers to as the “final merits determination.” This step involves an assessment of the overall significance of the evidence provided to determine whether the individual has indeed reached the top of their field. USCIS will evaluate the totality of the evidence to ensure that you are not only meeting the minimum criteria but also demonstrating a sustained level of national or international acclaim.

Proving Extraordinary Ability

Key pieces of evidence that often play a central role in demonstrating extraordinary ability include:

• Original contributions in your field that have had a significant impact, such as groundbreaking research, new artistic techniques, or business innovations.
• Awards and honors, particularly those that are recognized nationally or internationally.
• Evidence that you have held a leading or critical role within organizations that are well-known and respected in your industry.
• Proof of receiving a high salary or remuneration, which demonstrates that your work is valued above others in your field.

The Self-Petition Process

The EB-1A process begins with filing Form I-140, the Immigrant Petition for Alien Worker, with USCIS. Along with this form, you will need to submit extensive documentation that proves your eligibility under the criteria mentioned above. Since the EB-1A does not require employer sponsorship, it gives individuals the flexibility to move forward independently.

After USCIS processes and approves the I-140 petition, individuals can file for an adjustment of status (Form I-485) if they are already in the U.S., or go through consular processing if they are outside the U.S.

Why EB-1A is Highly Sought After?

One of the biggest advantages of the EB-1A green card is the ability to apply without needing a job offer, employer sponsorship, or significant financial investment (such as in the case of EB-5 visas). Instead, it focuses solely on your accomplishments, reputation, and contributions to your field. For many high-achieving professionals, researchers, artists, and entrepreneurs, this represents a unique opportunity to move to the U.S. based on merit alone.

Additionally, the EB-1A is often more straightforward compared to other visa categories. As long as you can demonstrate that you have achieved national or international acclaim in your field and have sustained that level of achievement, the EB-1A offers a fast and direct route to permanent residency.

Conclusion:

The EB-1A green card is an excellent option for individuals who have reached the pinnacle of their careers and want to move to the U.S. without the constraints of employer sponsorship or large investments. By proving your extraordinary ability through documentation of your achievements, awards, and significant contributions, you can take advantage of this self-petition pathway. With careful preparation and the right evidence, the EB-1A can provide a smooth path to permanent residency in the U.S. based purely on your professional and personal accomplishments.

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Understanding the E-2 Visa: A Pathway for Foreign Investors to Establish Business in the U.S.

The E-2 visa allows foreign nationals from treaty countries to invest in and manage a U.S. business. While the required investment amount depends on the size and scope of the business or project, it should be substantial and typically exceed $100,000 to meet the visa criteria. It is commonly used by entrepreneurs and business owners who want to start or invest in a business in the U.S. The visa also allows key employees of the investing company, who hold the same nationality, to work in the U.S. for the company.

Who is Eligible for an E-2 Visa?

The E-2 visa is available only to nationals of countries that have an eligible treaty of commerce with the United States. Some countries eligible for the E-2 visa include:

• Europe: Countries such as Germany, France, Italy, and the United Kingdom
• Asia: Taiwan, Pakistan, Bangladesh, Singapore
• Others: Canada, Japan, South Korea, Australia

India and China are not currently eligible for the E-2 visa because they do not have the necessary treaty with the United States. Nationals of these countries would need to explore other visa options for investment purposes.

How to Apply for an E-2 Visa?

     1. Confirm Eligibility:

• Ensure that your country has a qualifying treaty with the U.S. (e.g., Taiwan, Singapore, Pakistan, Bangladesh are eligible; India and China are not).

     2. Make a Substantial Investment:

• You must have already invested or be in the process of investing a substantial amount of capital in a bona fide U.S. business. The investment should be sufficient to ensure the successful operation of the business.

     3. Create or Purchase a U.S. Business:

• You can either start a new business in the U.S. or purchase an existing business. The business must be active and generate a profit. It should not be marginal, meaning it should provide more than just enough income to support you and your family.

     4. Prepare Documents:

        The documentation needed for an E-2 visa includes: 

• Proof of nationality
• Evidence of investment (bank statements, wire transfers, purchase agreements, etc.)
• Business plan demonstrating how the investment will develop the enterprise and create jobs in the U.S.
• Evidence of the legitimacy of the funds used for the investment
• Information about the business and its operational details
• Proof of ownership or control of the U.S. enterprise

     5. File Form DS-160 and DS-156E:

• Complete and submit Form DS-160, the Nonimmigrant Visa Application form.
• File Form DS-156E (Treaty Investor Visa Application) to provide details about the business and the investment.

     6. Pay the Visa Fee:

• Pay the visa application fee, which is currently around $205 (this fee may vary based on the consulate).

     7. Schedule an Interview:

• Schedule a visa interview at a U.S. Embassy or Consulate in your home country. During the interview, the consular officer will evaluate the validity of your investment and the legitimacy of the business.

     8. Attend the Interview:

• At the interview, bring all required documentation. The officer will ask questions about your business, investment, and intent in the U.S.

     9. Receive Visa Decision:

• After the interview, if approved, you will receive the E-2 visa in your passport. If denied, the consulate will inform you of the reasons, and you may be able to reapply after addressing any issues.

Length of Stay and Renewals:

• E-2 visa holders are usually granted an initial stay of up to two years.
• The visa can be renewed indefinitely as long as the business remains operational and the investment is sustained.

Can Family Members Come with You?

Yes, your spouse and children (under 21) can join you on E-2 dependent visas. Your spouse can also apply for work authorization in the U.S. during the visa duration.

Since India and China are not treaty countries, citizens of these countries would need to seek other visa options like the EB-5 Immigrant Investor Visa or L-1 Visa which have different requirements but is also investment-based.

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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.