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:

USCIS Extends Green Card Validity to 36 Months for Renewal Applicants

The U.S. Citizenship and Immigration Services (USCIS) announced a significant policy update effective September 10, 2024. Green card renewal applicants will now receive a 36-month automatic extension of their green card validity, an increase from the previous 24-month extension.

This change applies to lawful permanent residents (LPRs) who properly file Form I-90 to renew their green cards. USCIS has already started issuing these extended receipt notices, including retroactive notices for pending renewal applications that initially received a 24-month extension under the prior policy.

The receipt notices, in conjunction with expired green cards, will serve as valid proof of LPR status. USCIS is expected to update its M-274 Handbook for Employers to reflect this policy change for Form I-9 employment eligibility verification.

NVC Resolves Technical Issues in CEAC System Following User Complaints

The American Immigration Lawyers Association (AILA) reported technical issues affecting access to cases at the National Visa Center (NVC) through the Consular Electronic Application Center (CEAC) system. These issues, which included error messages and difficulties uploading documents, were brought to the attention of the NVC by AILA's DOS Liaison Committee.

On September 18, 2024, NVC provided a workaround for the common error message, “The requested URL was rejected. Please consult with your administrator.” The NVC advises users to clear their browser cache and cookies and restart the browser to resolve the issue.

Additionally, NVC confirmed that a “deployment” on September 18, 2024, took longer than anticipated and may have caused runtime errors, preventing users from logging into CEAC. The deployment is now complete, and related issues should be resolved.

USCIS Clarifies Conditional Permanent Resident Filing and Waiver Options

Conditional Permanent Residents (CPRs) who obtained their status through marriage to a U.S. citizen or lawful permanent resident must file Form I-751 to remove the conditions on their residency. This petition must be filed during the 90-day period before the second anniversary of their conditional status unless they qualify for an individual filing or waiver.

For those unable to meet the joint filing requirement, such as in cases of divorce or extreme hardship, waivers are available. Waivers can be requested at any time before a final order of exclusion, deportation, or removal. USCIS provides various waiver options, including good faith divorce waivers and waivers for those subjected to battery or extreme cruelty.

CPRs who need assistance should ensure timely filing of their I-751 petitions and explore the appropriate waivers if joint filing is not an option.

Unlocking the Green Card: How Computer Professionals Can Qualify for EB-1A Extraordinary Ability

The EB-1A is an employment-based, first-preference category green card designed for individuals who possess extraordinary ability in fields such as sciences, arts, education, business, or athletics. To qualify under EB-1A, the individual must demonstrate sustained national or international acclaim and show that their achievements have been recognized in their field. Importantly, no employer sponsorship or job offer is required for this category, which allows the individual to self-petition.

EB-1A Criteria

To meet the EB-1A requirements, the applicant must either:

• Have received a major internationally recognized award, such as a Nobel Prize, or Satisfy at least 3 of 10 lesser criteria established by USCIS. These criteria include:

1. Receipt of lesser nationally or internationally recognized awards for excellence.
2. Membership in associations in the field that require outstanding achievements as a condition of membership.
3. Published material about the applicant's work in professional or major trade publications or media.
4. Participation as a judge of the work of others in the field (e.g., peer reviewing, panel judging).
5. Original contributions of major significance in the field.
6. Authorship of scholarly articles in professional journals or media in the field.
7. Display of the applicant's work at artistic exhibitions or showcases.
8. 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.

How a Computer Professional Can Meet EB-1A Requirements:

A computer professional, such as a software engineer, data scientist, or IT specialist, can potentially qualify for EB-1A by demonstrating that their work has made a significant impact in their industry. Here are some ways a computer professional could meet the criteria:

1. Awards or Recognitions: If the professional has received prestigious industry awards or recognition for their work, either from academic institutions, tech industry organizations, or major companies, this could satisfy the awards criterion.
2. Professional Memberships: The applicant can provide evidence of membership in exclusive tech associations or organizations that only accept members based on outstanding professional achievements.
3. Publications and Media: The computer professional may have been featured in tech publications, interviews, or news media discussing their work or contributions to groundbreaking projects.
4. Judging Others' Work: If the individual has served as a judge for tech competitions, hackathons, or reviewed academic research papers in computer science, this can demonstrate their leadership in the field.
5. Major Contributions to the Field: Significant contributions can include the development of innovative software, algorithms, or other technical solutions that have advanced the field or solved critical industry problems.
6. Authorship of Scholarly Articles: Publishing research papers in leading tech journals, contributing to academic conferences, or writing influential blog posts on emerging technologies could fulfill this requirement.
7. Leadership in Organizations: If the individual has held a leadership or senior technical position in a highly regarded tech company, start-up, or influential project, they may demonstrate their critical role in a distinguished organization.
8. High Salary: Computer professionals who earn significantly higher than their peers, especially in leadership or specialized technical roles, can demonstrate their extraordinary ability through their compensation.
9. Patents and Innovations: Holding patents for key software, algorithms, or other technological innovations can help prove original contributions of major significance to the field.

Strategies for Strengthening an EB-1A Petition:

• Documenting Evidence: The applicant should gather strong documentation of achievements, such as letters of recommendation from industry leaders, detailed descriptions of innovations or projects, and evidence of high salaries or awards.
• Expert Opinions: Letters from renowned professionals in the computer science field attesting to the applicant's extraordinary abilities can strengthen the case.
• Consulting with an Immigration Attorney: Since EB-1A is a highly scrutinized category, working with an immigration attorney is advisable to ensure that the application is properly organized and provides compelling evidence to meet USCIS standards.

By meeting these criteria, a computer professional can self-petition for a green card under the EB-1A category.

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.