Jenny Zhan

Immigration

Public Charge Rule Eliminated

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 of the rule, sometimes changing from one day to the…

Jenny ZhanMarch 10, 2021

Deportation & Humanitarian Immigration Immigration

Venezuela Designated for Temporary Protected Status

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 granted to certain groups of people in the wake of…

Jenny ZhanMarch 9, 2021

H-1B and E-3 Visa Immigration

H-1B registration: Do I have to set up an account on MyUSCIS?

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…

Jenny ZhanMarch 5, 2021

Immigration

I am a dual national with a valid U.S. visa in a passport that has expired. Can I use the visa with my other passport, which has not expired? Is it possible to receive the same visa in each of my passports

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 national by acquiring Swiss citizenship, thereby giving them the option…

Jenny ZhanMarch 5, 2021

Immigration National Interest Waiver

Important Considerations for Entrepreneurs filing an NIW

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 certification process where they undertake a recruiting exercise to show…

Jenny ZhanMarch 4, 2021

EB-5 Visa Immigration Investor Visas

Can I file a mandamus for my delayed EB-5 application, or must I wait to be beyond the estimated processing times?

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 through a mandamus action. Some who are considering this option…

Jenny ZhanMarch 4, 2021

COVID-19 E-2 Visa Immigration Investor Visas

Overnight Changes to National Interest Waiver Program For E-2 Visa Holders

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 despite the COVID related travel ban. The changes impact the…

Jenny ZhanMarch 3, 2021

Immigration Immigration Litigation

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 in an earlier blog post, one option to respond to the government’s unreasonable delay on adjudicating an immigration petition is to sue them through a mandamus action. The first step in doing so is to file a complaint…

Jenny ZhanFebruary 26, 2021

Immigration

Eb-1a Green Card: Questions and Answers

The EB-1A is an employment-based green card for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. Here are some common questions and answers about the Eb-1a green card: Do I have to have an O-1 visa first…

Jenny ZhanFebruary 26, 2021

Immigration National Interest Waiver

What is the process for applying for a National Interest Waiver? How long does it take to obtain a green card through the NIW category?

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 is granted based on a waiver of the job offer…

Jenny ZhanFebruary 25, 2021

Immigration National Interest Waiver

What role do expert letters play in a National Interest Waiver Application?

Expert letters are an important part of a National Interest Waiver application, as they can be used to discuss the applicant’s professional history and success, as well as explain the substantial merit and national importance of the proposed endeavor. It…

Jenny ZhanFebruary 25, 2021

E-2 Visa Immigration Investor Visas

I filed my change/extension of status E-2 petition under Premium Processing. Will my dependents’ petitions also be adjudicated under the Premium Processing?

An E-2 Visa is a Visa Classification that is available for foreign nationals who wish to live in the U.S. to develop and direct the operations of a business. The business can be large or small and an E-2 Visa…

Jenny ZhanFebruary 25, 2021

Family Immigration Immigration

President Biden Signs Executive Order to Overturn Immigrant Visa Ban

On April 23, 2020, the former president suspended the entry of certain employment and family-based green cards for 60 days. This proclamation was originally signed on April 22, 2020 (and was valid for 60 days), and President Trump later extended…

Jenny ZhanFebruary 25, 2021

Immigration

What is the Eb-1a green card application process? How long does it take to get an Eb-1a green card?

To qualify for the EB-1A Green Card, you will need to prove that you are one of the small percentage of people who have risen to the very top of your field. To prove that you qualify for the Eb-1A green card,…

Jenny ZhanFebruary 24, 2021

H-1B and E-3 Visa Immigration

USCIS Announces Expansion of Premium Processing Services to E-3 Visas

USCIS announced today that it has expanded premium processing services to include E-3 visa applications. Premium processing guarantees that USCIS will take adjudicative action on the application within 15 days. If USCIS fails to do so, the agency will return…

Jenny ZhanFebruary 24, 2021

Immigration National Interest Waiver

Bypassing the Labor Certification Application for Individuals of Exceptional Ability in the Sciences or Arts, Including College and University Teachers

Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including college and university teachers of exceptional ability and individuals of exceptional ability in the sciences or arts, are able to bypass the…

Jenny ZhanFebruary 23, 2021

Immigration National Interest Waiver

Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists

Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including Professional Nurses and Physical Therapists, are able to bypass the time-consuming process of applying for a certified labor certification application through the…

Jenny ZhanFebruary 23, 2021

E-2 Visa Extraordinary Ability Immigration Investor Visas

What are Some Visa and Green Card Options for Entrepreneurs & Investors?

The U.S. is the land of opportunity and the perfect place for entrepreneurs to realize their dream. If you want to start and run a business in the U.S., or if you want to purchase and manage an already existing business…

Jenny ZhanFebruary 23, 2021

H-1B and E-3 Visa Immigration

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa Immigration

Do I need a license for the H-1B visa if my occupation requires a license?

Jenny ZhanFebruary 22, 2021

Immigration

I just received a green card. Do I need to keep track of all my international trips?

A “green card” or permanent resident card is a document that shows a that a person can stay in the U.S. and work here in almost any capacity. One is eligible to apply for permanent residence/green card through certain family…

Jenny ZhanFebruary 22, 2021

H-1B and E-3 Visa Immigration

Timeline for the Upcoming FY 2022 H-1B Cap Season

The H-1B visa is a nonimmigrant visa suitable for individuals who have a bachelor’s degree or the equivalent and a job offer from a sponsoring employer in a specialty occupation that is related to their field of study. Currently, the…

Jenny ZhanFebruary 22, 2021

Immigration

USCIS Reverts to 2008 Version of Naturalization Civics Test

USCIS has announced that they will revert back to the 2008 version of the naturalization civics test. On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update…

Jenny ZhanFebruary 22, 2021

Immigration L-1 Visa

Can I bring my family to the U.S. on my L-1 visa? What is L-2 visa?

An L-1A visa is a great visa for an employee or owner of a company abroad who wants to transfer to a U.S. office or open a new office in the United States. When thinking about applying for an L-1 visa, you…

Jenny ZhanFebruary 22, 2021

Approvals

NIE approved by the CBP office at Atlanta International Airport

We just had a National Interest Exception Application approved by the CBP office at Atlanta International Airport. The approval was for an E-2 visa investor who runs an E-2 company in New York and E-2 spouse. The CBP office approved…

Jenny ZhanFebruary 19, 2021

Public Charge Rule Eliminated

Venezuela Designated for Temporary Protected Status

H-1B registration: Do I have to set up an account on MyUSCIS?

I am a dual national with a valid U.S. visa in a passport that has expired. Can I use the visa with my other passport, which has not expired? Is it possible to receive the same visa in each of my passports

Important Considerations for Entrepreneurs filing an NIW

Can I file a mandamus for my delayed EB-5 application, or must I wait to be beyond the estimated processing times?

Overnight Changes to National Interest Waiver Program For E-2 Visa Holders

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?

Eb-1a Green Card: Questions and Answers

What is the process for applying for a National Interest Waiver? How long does it take to obtain a green card through the NIW category?

What role do expert letters play in a National Interest Waiver Application?

I filed my change/extension of status E-2 petition under Premium Processing. Will my dependents’ petitions also be adjudicated under the Premium Processing?

President Biden Signs Executive Order to Overturn Immigrant Visa Ban

What is the Eb-1a green card application process? How long does it take to get an Eb-1a green card?

USCIS Announces Expansion of Premium Processing Services to E-3 Visas

Bypassing the Labor Certification Application for Individuals of Exceptional Ability in the Sciences or Arts, Including College and University Teachers

Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists

What are Some Visa and Green Card Options for Entrepreneurs & Investors?

Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies?

Do I need a license for the H-1B visa if my occupation requires a license?

I just received a green card. Do I need to keep track of all my international trips?

Timeline for the Upcoming FY 2022 H-1B Cap Season

USCIS Reverts to 2008 Version of Naturalization Civics Test

Can I bring my family to the U.S. on my L-1 visa? What is L-2 visa?

NIE approved by the CBP office at Atlanta International Airport

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