If you are in the U.S. on a visa, you are only permitted to engage in activities consistent with that visa. We often think of visas as containing a bundle of rights, and you only have the right to do…
No. The Immigration and Nationality Act explicitly states that the biological parent and any prior adoptive parent of a U.S. citizen receives no rights, privileges, or status for immigration purposes as a result of that parental relationship. Background The U.S.…
Many that are on an E-2 visa ask the questions: How do I Convert my E-2 visa to a Green Card? What is the EB-5 Direct Program? An E-2 visa does not lead to a green card but if you…
The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations . This visa category requires that the foreign worker have at least a Bachelor’s degree (or progressive experience), and the U.S. employer can…
What is a Public Access File? H-1B visa is a highly regulated visa and an H-1B employer has a lot of obligations he/she has to comply with. One of such obligations is to keep a Public Access File (“PAF”). This…
We just had a National Interest Exception Application approved at the U.S. Consulate in Amsterdam for a B-1 business visitor who is a national of Netherlands. It took the Consulate 10 days to approve the NIE request. Please see more…
H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…
In short, TN applicants who received a degree from an educational institution not located in Canada, Mexico, or the United States must provide an evaluation of their foreign educational credentials. Background The TN – or “Trade National” – visa was…
When the government has unreasonably delayed a decision on an immigration petition, one option to force the government to act is to sue. The specific name for this legal action is a “mandamus.” You can read more about mandamus actions…
The initial registration period for the FY2022 H-1B cap will open at noon Eastern Standard Time on March 9 and run through noon EST on March 25. During this time, prospective petitioners and legal representatives will be able to fill…
In 2017, a new court decision (Matter of Dhanasar), changed the standard for the National Interest Waiver (NIW) which made this category much more approvable for entrepreneurs. An NIW is a green card petition that falls under the employment-based second preference…
Every time you receive an I-797 Receipt Notice or Approval notice from USCIS, it is every important that you check that all information on the Notice looks correct. If you see a spelling mistake or a typographical error (e.g. spelling…
Example: Your spouse was granted an E-2 visa/E-2 status and you are currently in the U.S. on an E-2 spouse status. You want to start looking for a job in the U.S. and you want to apply for a work…
In 2017, President Trump signed the Buy American, Hire American (“BAHA”) Executive order. This Executive Order sought to protect the interests of U.S. workers in the administration of the U.S. immigration system and prevent abuse and fraud. For L-1 visas,…
So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…
The L-1A visa allows companies abroad that have qualifying relationships with U.S. companies to transfer employees to the U.S. For the L-1A, the employees must be coming to the U.S. to work in managerial or executive positions. For the L-1B,…
If you recently submitted a non-immigrant visa application to a U.S. Consulate abroad (e.g. an E-2 investor application), you may be wondering when your visa interview will be scheduled. Unfortunately, due to Covid-19 global pandemic and always changing situation at…
Every time you receive an I-797 Receipt Notice or Approval notice from USCIS, it is every important that you check that all information on the Notice looks correct. If you see a spelling mistake or a typographical error (e.g. spelling…
H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for…
Holding an A-1 diplomatic visa -- or any diplomatic visa -- does not, alone, prove diplomatic immunity. Whether a diplomat to the United States has diplomatic immunity can not only determine whether that person can be arrested or detained, but…
We just had an H-1B Approval with U.S. Citizenship & Immigration Services. The H-1B petition was originally filed as Consular Processing and due to Covid-19 pandemic & Presidential proclamation 10052, the H-1B applicant has been unable to obtain an H-1B…
Overview of EB-5 Direct Investment Program The EB-5 Investment Immigration program allows a petitioner who has invested $800,000 into a Targeted Employment Area (TEA) or $1,050,000 into a non-TEA area to obtain a green card, if they invest in a…
An L-1 visa is a great option when a foreign company wants to transfer an employee working for abroad to a U.S. office. These are the four main requirements to obtain L-1 visa: The U.S. employer must have a qualifying relationship with…
It is not unusual that during the validity period of Labor Condition Application (LCA) (which can be issued for up to 3 years), the H-1B employee’s place of employment changes. In 2015, the Administrative Appeals Office issued a very important…
We just had an H-1B approval with U.S. Citizenship & Immigration Services. The applicant is in the U.S. on an H-1B and changed employers. The company is an architecture firm based in California. Click on the buttons below in order…
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