It is possible to have both TPS and nonimmigrant status, but important to comply with the requirements of each, including as they relate to work authorization.
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To maintain TPS status, the individual must comply with strict travel restrictions, like securing travel authorization using advance parole before traveling.
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TPS gives temporary protection to individuals who cannot return home due to country- or region-wide risk.
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A U.S. company can sponsor worker for an H1b visa even if the foreign national does not live in the U.S. at the time the H-1B registration/petition is filed.
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If you want to qualify for an H-1B visa through your degree, then the degree has to be in the same field as the job you will perform in the…
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If you entered the U.S. on ESTA and you are unable to leave the U.S. due to emergency (such as the COVID-19 pandemic or for example a medical emergency), you…
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I have written a mandamus complaint in response to the government’s unreasonable delay in deciding my immigration petition. What happens now? How is the government likely to respond? As discussed…
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In light of the consular uncertainty and delays caused by the Covid-19 pandemic, a common question we receive is whether consulates are again processing E-2 visas. Fortunately, the answer is…
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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…
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The National Interest Waiver (NIW) is an employment based green card category. The NIW falls under the EB-2 category, which means that as a threshold requirement each applicant must have an…
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If you were in the U.S. on a non-immigrant visa and you remained in the U.S. beyond the period of authorized stay (you overstayed your I-94 ), your non-immigrant visa…
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The Biden Administration announced that it will no longer defend the 2019 public charge rule in court. The rule went through many different lawsuits, causing constant changes in the implementation…
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Can I apply for a 212(d)(3) waiver? Generally, anyone who was found to be inadmissible and needs a non-immigrant visa to enter the U.S. can apply for a non-immigrant visa…
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The National Interest Waiver (NIW) is an employment based green card category that permits applicants to self-petition. The NIW falls under the EB-2 green card category, which means that any applicant…
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The Department of Homeland Security has announced that Venezuela has been designed for Temporary Protected Status (TPS) for 18 months, from March 9, 2021 through September 9, 2022. TPS is…
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USCIS exercises broad discretion to require documentation that traces the source of funds pursuant to an immigrant visa application. However, there are options for effectively responding to requests for documents…
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The National Interest Waiver (NIW) is an employment based green card category that permits the applicant to self-petition. Applicants can also be sponsored by an employer. The “waiver” part of the National…
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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…
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Unfortunately, the answer to both questions is no. Background Some countries allow nationals to hold more than one citizenship. For example, an individual born in Colombia might become a dual…
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A National Interest Waiver is a green card petition that falls under the employment-based second preference (“EB-2”) category. Normally in this category an employer must go through a PERM labor…
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As described in an earlier blog post, one option for those who have been waiting an unreasonably long time for the government to adjudicate their immigrant petition is suing USCIS…
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On March 2, 2021, without prior notice, the Secretary of State rescinded the previous national interest guidance that allowed people in certain visa categories to travel to the United States…
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The National Interest Waiver (NIW) is an employment based green card category that permits self-petitioning. The waiver part of the name is based on the fact that this green card…
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The National Interest Waiver (NIW) is an employment based green card option in the EB-2 category. To qualify for an EB-2, the applicant must have an advanced degree or its…
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Marriage and Green Card Preference Categories U.S. citizens and lawful permanent residents (LPRs) can petition for certain family members to receive green cards. These family members include married and unmarried…
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