Month: January 2022

H-1B Cap Electronic Registration Begins on March 1, 2022 and Important Green Card News for Students and Graduates

With the H-1B electronic registration process kicking off at 12:00 pm EST on March 1, 2022, it is now time for both employers and prospective H-1B visa holders to get ready for this year (fiscal year 2023)’s H-1B season. As well, the Department of Homeland Security has recently issued several important new updates that will benefit graduates in STEM (Science,…

USCIS Advises Transferring Green Card Applications from EB-3 to EB-2 for Certain Applicants

On January 21, USCIS announced that there are “an exceptionally high number of employment-based visas available” for the current fiscal year (October 2021 through September 2022), specifically stating that there are many more visas available in the EB-1 (priority workers) and EB-2 (workers with advanced degrees or workers of exceptional ability) categories than there are pending green card applications, meaning…

DHS Updates Policy Guidance on National Interest Waivers (NIW) for STEM Graduates and Entrepreneurs

On January 21, 2022, USCIS updated its guidance to explain how STEM graduates and entrepreneurs can qualify for a National Interest Waiver (NIW) in the employment-based second preference category (EB-2). Normally, a green card or immigrant visa based on a US employer’s offer of employment requires a labor certification from the US Department of Labor. However, an NIW application allows…

DHS Updates Policy Guidance on O-1A Visa Eligibility with Emphasis on STEM Fields

On January 21, 2022, USCIS updated its guidance on O-1A nonimmigrant visas, which are available to persons of extraordinary ability in the fields of science, business, education, or athletics. USCIS emphasized in its announcement that the guidance can be applied to individuals with extraordinary ability in STEM fields. O-1A status allows an individual to lawfully live and work in the…

DHS Announces 22 New Fields of Study Eligible for STEM OPT

On January 21, 2022, the Department of Homeland Security (DHS) announced that it updated the STEM Designated Degree Program List to add 22 new qualifying fields of study. This announcement was one of several new initiatives announced on January 21, 2022 by the Biden-Harris administration aimed at attracting and retaining international STEM talent in the United States. The addition of…