STEM Jobs Act (H.R. 6429) Passes in House: Potential Positive Effect on Self-Petitioned EB-2 NIW (National Interest Waiver) Category

Q 1: Now that the Bill has passed in House, will it be eventually become the law shortly?

A: H.R. 6429 is a Republican-led bill and has passed in House with a 245 to 139 vote, because House is now Republican dominated. According to most political analysts, the STEM Jobs Act may not get a vote in the Democrat-controlled Senate, and the White House officially came out in opposition to the bill on Wednesday.

Q2: What areas of expertise will benefit from STEM Jobs Act?

A2: Science, engineering, mathematics, or the physical sciences, but not biological sciences or biological medicine.

Q3: According to STEM Jobs Act, can I get a Green Card directly if I got a PhD or Master’s Degree from a qualified university the United States of the areas indicated in the act?

A: No, it still requires petition and application process to qualify for the category.

Q4: Can I do self-petition under STEM Jobs Act? Do I need to an employer to sponsor me?

A: You cannot self petition under the STEM Jobs Act. You need to have a job offer and your U.S. employer to act as the petitioner and the sponsor for you.

Q5: Do I need to go through Labor Certification Process?

A: STEM Jobs Act is still designed to protect American workers so yes, to benefit from the Act, labor certification process is required.

Q6: If my employer petitions for me, how long do I have to work for the petitioning employer?

A6: STEM Jobs Act requires the alien worker to work for the petitioning employer for at least 5 years or in the STEM field in the United States. Regarding how fast you are able to leave the employer after getting a green card though STEM Jobs Act, it does not specify. Most likely, it will follow the current EB-2 PERM rules.

Q7: How do I know if my employer is willing to petition for me under STEM Jobs Act?

A: Companies have different policies regarding sponsoring for green cards. The best way is to check with your employer’s current policies.

Q8: I do not have a PhD or Master’s Degree in STEM areas, what should I do?

A8: : You can still self petition under EB-2 NIW (National Interest Waiver) and EB1A (EB1-EA). The visas are current for EB-2 ROW (Rest of the World excluding India and China). The visas are current for everyone under EB1A (EB1-EA).

Q 9: My employer does not sponsor green card application or it takes many years for them to sponsor green card application. What should I do?

A 9: If your employer does not sponsor green card application or it takes many years for your employer to sponsor a green card process, EB1A (EB1-EA) and EB-2 NIW are still the best option for you if you are qualified for these categories. We at Chen Immigration Law Associates always work very efficiently and most of our clients have everything ready to file in 1-3 months. For EB1A (EB1-EA), you have the option of premium processing and may have your case approved in 15 days.

Q10: What effect does the STEM Jobs Act have on EB-2 NIW, EB1A (EB1-EA) Categories?

A10: Since STEM Jobs Act adds additional employment-based visas to Ph.D. or master degree graduates in STEM areas, it will release more visas to employment based immigration category and may provide release the bad retrogression of EB-2 for people born in India and China.

North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

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