Khadija Derrick

In assessing the “well positioned” requirement, generally USCIS looks for evidence of a track record of success in the field, a plan for future activities, progress towards achieving the proposed endeavor, and interest from potential customers.

Khadija DerrickDecember 8, 2023

Extraordinary Ability

Can I meet the “authorship of articles” criteria for O1 or EB1A even if the articles were not published in a traditional academic journal?

You can meet the “scholarly articles” criteria if the article is written for learned persons and if the publication’s intended audience and circulation makes it a professional publication, major trade publication, or other major media.

Khadija DerrickDecember 7, 2023

E-2 Visa

If I purchase a share of a business for an E-2 visa, can I transfer the funds to the business bank account?

How the E-2 applicant who is purchasing a majority share of an existing business can show that the funds are irrevocably committed and at risk.

Khadija DerrickDecember 6, 2023

Approvals

Green Card Approval in 5 Months Without Interview Based on EB1A Petition

Scott Legal P.C. just had a green card approval through an adjustment of status (I-485) petition based on an EB1A (extraordinary ability) I-140 petition.

Khadija DerrickDecember 6, 2023

Approvals

B-1 Change of Status Approval with U.S. Citizenship & Immigration Services

We just had a B-1 change of status approved by USCIS.

Khadija DerrickDecember 5, 2023

Approvals

E-2 Investor Visa Approval at the U.S. Consulate in Toronto for Human Resources Consulting Firm

We just had an E-2 investor visa approval at the U.S. Consulate in Toronto. The applicant was granted the visa for 5 years and the business will operate a human resources consulting firm.

Khadija DerrickDecember 5, 2023

L-1 Visa

New USCIS Policy Guidance on L-1s for Sole Proprietorships

A sole proprietorship cannot file an L-1 petition on behalf of the sole proprietor-owner, as USCIS considers this to be a self-petition, which is not permissible for the L-1 visa.

Khadija DerrickDecember 4, 2023

Approvals

E-2 Visa Approval for a Scent Marketing Franchise at the U.S. Consulate in Toronto

We just had an E-2 investor visa approval at the U.S. Consulate in Toronto. The applicant was granted the visa for 5 years and the business will operate a franchise that sells scent marketing products and services.

Khadija DerrickDecember 1, 2023

EB-5 Visa

When can an EB-5 investor get their money back?

A description of how long the EB-5 applicant needs to keep their investment at risk.

Khadija DerrickDecember 1, 2023

Approvals

E-2 Investor Visa Approval for Manufacturer and Seller of High-quality Leather Products

We just had an E-2 Investor visa approval at the U.S. Consulate in Toronto. The applicant was renewing the E-2 visa and was granted a renewal for 5 years.

Khadija DerrickNovember 30, 2023

Extraordinary Ability

Can a dog trainer qualify for an EB1A green card?

Being an outstanding figure in a narrow niche could serve as an advantage to support a case of extraordinary ability.

Khadija DerrickNovember 30, 2023

Extraordinary Ability

3 Lessons Learned from an EB1A Case Study for a Bull Fighter

A successful EB1A appeals case, Eguchi v. Kelly, for a Brazilian bullfighter shows that awards for newcomers, articles on professional association websites, and above-average salary can meet the EB1A criteria for step one Kazarian analysis.

Khadija DerrickNovember 29, 2023

TN Visa

TN Visa: Should I apply at the Border/Consulate or with USCIS?

If you are Canadian, you can either apply for a TN at the border or with USCIS. If you are Mexican national, you can either apply for a TN at a US Consulate abroad, or with USCIS.

Khadija DerrickNovember 28, 2023

National Interest Waiver

NIW Case Study for a Developer of a Social Welfare App

An NIW case study that found National Importance for an applicant who proposed to develop and distribute a mobile app for people with disabilities.

Khadija DerrickNovember 27, 2023

National Interest Waiver

How to write a proposed endeavor that meets the national importance criteria?

A successful proposed endeavor may indicate the potential of advancing the field, such as by developing new procedures or products that offer improvements over conventional solutions, deliver services or products in a large scale, or offer the potential to broadly…

Khadija DerrickNovember 24, 2023

Family Immigration

I received a waiver for my current nonimmigrant visa. Can I enter the U.S. and change or extend my status?

Foreign nationals who are inadmissible to the U.S. but still want to visit temporarily can apply for a waiver and may be able to change/extend their status in the U.S., depending on how long the waiver is valid for.

Khadija DerrickNovember 22, 2023

TN Visa

TN Letter: How should it look? What should it contain?

The TN Letter should contain detailed information about your job in the U.S. and this blog post will discuss the details such letter should contain.

Khadija DerrickNovember 21, 2023

E-2 Employee Visa Approval for an Executive at the U.S. Consulate in Toronto

E-2 Visa Approval for a Construction Company at the U.S. Embassy in Warsaw for a National of Poland

Alert: New E-2 Application Procedures in Madrid, Spain

TN Approval at Peace Bridge for a Management Consultant

What is an EB-5 “infrastructure” project?

Does the EB-5 allow remote workers? Where is the business with remote workers located for purposes of the TEA?

What is an EB-5 targeted employment area (TEA)?

E-2 Approval with U.S. Citizenship & Immigration Services (USCIS) for a Drone Services Company

What kind of evidence can support that an NIW applicant is “well positioned to advance the proposed endeavor?

Can I meet the “authorship of articles” criteria for O1 or EB1A even if the articles were not published in a traditional academic journal?

If I purchase a share of a business for an E-2 visa, can I transfer the funds to the business bank account?

Green Card Approval in 5 Months Without Interview Based on EB1A Petition

B-1 Change of Status Approval with U.S. Citizenship & Immigration Services

E-2 Investor Visa Approval at the U.S. Consulate in Toronto for Human Resources Consulting Firm

New USCIS Policy Guidance on L-1s for Sole Proprietorships

E-2 Visa Approval for a Scent Marketing Franchise at the U.S. Consulate in Toronto

When can an EB-5 investor get their money back?

E-2 Investor Visa Approval for Manufacturer and Seller of High-quality Leather Products

Can a dog trainer qualify for an EB1A green card?

3 Lessons Learned from an EB1A Case Study for a Bull Fighter

TN Visa: Should I apply at the Border/Consulate or with USCIS?

NIW Case Study for a Developer of a Social Welfare App

How to write a proposed endeavor that meets the national importance criteria?

I received a waiver for my current nonimmigrant visa. Can I enter the U.S. and change or extend my status?

TN Letter: How should it look? What should it contain?

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