Welcome to the Garfinkel Immigration news roundup, where every month we will summarize and provide links to the latest stories impacting U.S. immigration.
Below is the September 2024 edition of the Garfinkel Immigration news roundup:
EB-2 physician green card pathways: PERM vs. the Physician National Interest Waiver (PNIW)
Physicians have several different pathways to legal permanent residency in the U.S. Many factors should be considered when determining which strategy is most advantageous for each physician.
While certain physicians are eligible to apply for a green card through the EB-1 preference category, physicians generally fall into the EB-2 preference category, which is for advanced degree professionals and foreign nationals of exceptional ability.
Certain physicians are eligible to skip the PERM Labor Certification, which is typically the longest and most costly part of the green card process. Physicians can bypass the PERM Labor Certification step by applying for a Physician National Interest Waiver (PNIW) if the physician agrees to work (or has worked) for five years in a designated underserved area. The PERM Labor Certification is waived in these cases because the physician’s service is in the national interest of the United States (hence, “national interest waiver”).
Find out more here from Partner Colleen F. Molner, head of the Firm’s Healthcare Specialty Practice Group.
Didn’t bring home gold from Paris? Alternative immigration options for athletes and coaches
Athletes who didn’t bring home the gold medal last month at the Olympics in Paris still have options to immigrate to the United States, as do their coaches, a topic which Garfinkel Immigration Law Firm Associate Attorney William Crotty explored in his latest white paper.
Crotty analyzed the P-1A visa for “internationally recognized” competitors, the O-1 visa for those who are considered “extraordinary” in their field, as well as other nonimmigrant and immigrant visa options for athletes and coaches.
“There are a few distinct differences between the P-1A and O-1 visa classifications which could make one more suitable than the other, depending on the athlete and the competition,” Crotty writes. “(Similarly), the strategy for when athletes should apply for an immigrant visa varies based off of many factors including their level of skill and experience; whether they are inside or outside of the United States; and availability in the Visa Bulletin.”
Read the full white paper here.
UK to require all non-European nationals to have electronic travel authorization (ETA) beginning in early 2025
Planning to travel to the United Kingdom soon? Keep in mind that beginning January 8, 2025, all non-European nationalities (including United States citizens) will need an electronic travel authorization (ETA) to enter the UK without a visa. The application process will open on November 27, 2024.
UK foreign nationals will not need an electronic travel authorization (ETA) if they have:
- A visa
- Permission to live, work or study in the UK, “including settled or pre-settled status under the EU Settlement Scheme”
- A British or Irish passport
- A “British Overseas Territories” citizen passport
There is usually an £10 application fee associated with an ETA, and an applicant usually receives a decision within three working days, according to the UK government. Find out more here.
A similar program for visitors to the EU and Schengen member countries, called the European Travel Information and Authorization System (ETIAS), is also expected to be implemented in 2025. Learn more about the ETIAS program here.
National academy calls for more immigrant visas, no per-country limit
This story from Forbes Senior Contributor Stuart Anderson examines a new report from the National Academy of Sciences which “warns policymakers that America cannot retain top talent without changes to the U.S. immigration system.”
“The NAS committee of scientists, professors and national security experts recommends that Congress add employment-based green cards, end the per-country limit for high-skilled immigrant visas and expand the domestic pipeline in science and engineering,” the Forbes story read. “The report, authorized by the Defense Department following a Congressional directive, describes a ‘fierce’ global competition for high-skilled labor.”
The story added: “The report highlighted studies documenting the benefits of admitting foreign-born scientists and engineers. NAS highlighted National Foundation for American Policy research that showed more than 55% of the country’s $1 billion startup companies had at least one immigrant founder … and that immigrants have been awarded 40% of the Nobel Prizes won by Americans in chemistry, medicine and physics since 2000.”
Read the full Forbes story here.
United States Court of Appeals for the Fifth Circuit freezes proceedings in ‘Keeping Families Together’ case
The United States Court of Appeals for the Fifth Circuit has paused proceedings in the case involving President Joe Biden’s “Keeping Families Together” initiative.
The decision freezes any action in the lower district court until at least after the Fifth Circuit hears an appeal on Oct. 10, according to AILA.
The intervention from the Fifth Circuit comes after U.S. District Judge J. Campbell Barker, of the United States District Court for the Eastern District of Texas, issued an administrative stay against the new program, which allows certain undocumented spouses and stepchildren of U.S. citizens to apply for legal permanent residency via “Parole in Place,” in late August.
The stay will remain in place until the Fifth Circuit issues a further ruling. United States Citizenship and Immigration Services (USCIS) can continue to accept applications for “Parole in Place” from applicable undocumented spouses and stepchildren of U.S. citizens during the stay but cannot adjudicate those petitions.
Find out more about the status of the “Keeping Families Together” initiative here.