When adjudicating EB-1A petitions, USCIS will apply a two-part test as explained in Kazarian v. USCIS decision.
Khadija DerrickMarch 25, 2021
You can come to the U.S. as a tourist during COVID, but you have to be aware that travel is restricted if you are coming from certain European countries.
Khadija DerrickMarch 24, 2021
If you were in certain European countries within 14 days prior to your entry to the U.S., you may not need NIE if you are exempted from the presidential proclamation.
Khadija DerrickMarch 23, 2021
You have to complete your post completion OPT employment 14 months from the date your work authorization as approved.
Khadija DerrickMarch 23, 2021
An overview of the main databases consular officers use to screen visa applicants, how they use them, and an introduction to the security advisory opinion (SAO) process.
Khadija DerrickMarch 22, 2021
Before a U.S. employer an sponsor you for an Eb-2 or Eb-3 green card, the employer will have to file PERM with the Department of labor.
Khadija DerrickMarch 22, 2021
Two E-2 investors may apply for an E-2 visa but they have to meet certain requirements, such as each of them has to own 50% in the E-2 company.
Khadija DerrickMarch 19, 2021
L-1 employees are not required to live and work in the U.S. on a full-time basis
Khadija DerrickMarch 19, 2021
TN applicants should show that they will be paid a salary that reflects their professional qualifications and professional-level employment in the U.S.
Khadija DerrickMarch 18, 2021
Dependents must independently qualify for TPS by meeting the nationality, continuous residence, and continuous physical presence requirements.
Khadija DerrickMarch 18, 2021
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.
Khadija DerrickMarch 17, 2021
To maintain TPS status, the individual must comply with strict travel restrictions, like securing travel authorization using advance parole before traveling.
Khadija DerrickMarch 17, 2021
TPS gives temporary protection to individuals who cannot return home due to country- or region-wide risk.
Khadija DerrickMarch 17, 2021
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.
Khadija DerrickMarch 16, 2021
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 U.S.
Khadija DerrickMarch 16, 2021
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 may request what is called a Satisfactory Departure. Both USCIS…
Khadija DerrickMarch 15, 2021
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…
Khadija DerrickMarch 15, 2021
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 yes -- consulates have generally returned to processing E-2 visas,…
Khadija DerrickMarch 12, 2021
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…
Khadija DerrickMarch 12, 2021
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 advanced degree or its equivalent (a bachelor’s degree plus 5…
Khadija DerrickMarch 11, 2021
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 will be automatically voided. You will not be able to…
Khadija DerrickMarch 11, 2021
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 and a 212(d)(3) waiver at a U.S. Consulate abroad. There…
Khadija DerrickMarch 10, 2021
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 must have an advanced degree or equivalent (a baccalaureate or…
Khadija DerrickMarch 10, 2021
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 that are unavailable or that no longer exist. Background Various…
Khadija DerrickMarch 8, 2021
