Khadija Derrick

A bulettin board with a new announcement posted

Immigration

May 2023 Visa Bulletin Shows EB-1, EB-2, EB-3, and EB-5 Retrogressions and Final Cutoff Dates

Due to an increase in demand, the State Department announced retrogression and final action cutoff dates for certain EB-1, EB,2, EB-3, and EB-5 applicants.

Khadija DerrickApril 14, 2023

Two individuals looking over a collection of documents

Immigration National Interest Waiver

Can I submit a new Proposed Endeavor for my NIW petition after receiving a Request for Evidence (RFE)?

While NIW applicants can provide more detailed explanation and evidence of their proposed endeavor after receiving an RFE, they cannot materially change their endeavor to something inconsistent to what they have submitted before.

Khadija DerrickApril 14, 2023

Approvals Immigration

I-829 Approval After EB-5 Mandamus Petition

Scott Legal, P.C. just had an EB-5 I-829 approval. The I-829 is a petition that is filed after an EB-5 applicant has their conditional green card.

Khadija DerrickApril 14, 2023

A group of teenage friends gathered together to take a photo

EB-5 Visa Immigration

Does filing an EB-5 petition “freeze” a minor applicant’s age to prevent them from “aging out”?

Yes, the CSPA “freezes” a child dependent’s age during the time the underlying I-526 EB5 petition is pending, but not while the applicant waits for the priority date becomes current.

Khadija DerrickApril 14, 2023

A business man considering his NIW options

Immigration National Interest Waiver

What kinds of proposed endeavor are likely to lead to an NIW approval?

In most successful petitions, the proposed endeavor is specific, focused, credible, and supported by objective evidence. At the same time, the project’s impact should be broad enough to make improvements to the field as a whole.

Khadija DerrickApril 13, 2023

E-2 Visa Immigration L-1 Visa

Choosing Between E-2 and L-1— Special Considerations for Canadian Citizens

The E-2 and L-1 visas can each be great visa options for Canadian citizens. One big benefit of the L-1 is that Canadians can apply for this visa directly at a port of entry.

Khadija DerrickApril 13, 2023

a man wondering if he can sue the government.

Immigration

My I-829 application to remove conditions is delayed but still within USCIS’s estimated processing times. Can I sue the government?

USCIS’s posted processing times should not discourage I-829 applicants from suing the government for unreasonable delays.

Khadija DerrickApril 13, 2023

An employer and employee signing a contract

Immigration PERM

I am being sponsored for a PERM but my prior employer will not confirm my work experience. What can I do?

If a prior employer will not provide a detailed letter of experience to a PERM applicant, the applicant must look for alternate proof.

Khadija DerrickApril 12, 2023

A graduate holding up a bachelor's degree

Immigration National Interest Waiver

Could 3-year bachelor degrees affect your National Interest Waiver (NIW) application?

A 3-year bachelors degree may not be found equivalent to a US bachelors degree, which may affect the outcome of an EB-2 NIW case.

Khadija DerrickApril 12, 2023

A woman conducting an interview with a man in her office

E-2 Visa Immigration

E-2 interview and what happens after the interview: Q&A

There is no residency requirement for the E2 visa and you don’t have to spend majority of your time in the US to keep the visa.

Khadija DerrickApril 12, 2023

Approvals Immigration

Conditional Marriage Based Green Card Approved Without an Interview

We just had a conditional marriage based green card approved by USCIS without an interview.

Khadija DerrickApril 11, 2023

Immigration National Interest Waiver

I’m an engineer working at a company. I have never published papers or patents. How can I qualify for an NIW?

Although publishing papers and patents can help an NIW petition, applicants can be approved without papers or patents if they can show a significant degree of influence and impact in their fields through other forms of evidence.

Khadija DerrickApril 11, 2023

Immigration

What USCIS forms can be filed online?

You can file certain USCIS forms such as the I-539, N-400 or I-90 forms online through your USCIS account.

Khadija DerrickApril 7, 2023

Immigration

What is a reentry permit?

Green card holders that want to spend more than a year outside the U.S. should apply for a re-entry permit before they leave the U.S.

Khadija DerrickApril 7, 2023

Immigration

Can a non-immigrant visa holder bring their nanny to the United States?

Temporary residents who hold B, E, F, H, I, J, L, M, O, P, Q, TN visas in the United States can apply to bring their domestic worker to accompany them through a B-1 visa

Khadija DerrickApril 7, 2023

E-1 Visa Immigration

Can I apply for an E-1 visa if my company is a start-up?

You can apply for an E-1 visa if you have a start up, but you will need to show that your trade is substantial and principally between the U.S. and your home country.

Khadija DerrickApril 6, 2023

Immigration

F-1 Students & Unlawful Presence

Under the current guidance, for F-1 students to start accruing unlawful presence, there has to be determination/finding by USCIS or immigration judge, the accruing is not automatic.

Khadija DerrickApril 6, 2023

A man holding a credit card and money to pay his filing fees with

Immigration

DHS Proposes New Filing Fees

DHS has introduced a new proposed fee schedule that will increase the filing fee costs for the majority of applications, especially employment based petitions.

Khadija DerrickApril 6, 2023

A man reading news updates on his tablet

Immigration

Important Updates from USCIS for Nonimmigrant Workers Who Were Recently Laid Off

USCIS will process a change of status application on Form I-539 and a subsequently filed I-129 petition at the same time when an employer files the I-129 using premium processing.

Khadija DerrickApril 6, 2023

A man writing on pen and paper while sitting down

Immigration

U.S. Visas That Don’t Require a Degree

Many U.S. visas require that you have a Bachelor’s or Master’s degree and that you are coming to work in the U.S. in the same field as what your degree is in. This is required for visas such as TN…

Khadija DerrickApril 5, 2023

Business resources pictured in a startup rocket in an entrepreneurs hands

E-2 Visa Immigration

E-2 visa: What are the best industries to start a business in?

You can start or purchase a company in the U.S. in any industry.

Khadija DerrickApril 5, 2023

E-2 Visa Immigration

Do I need to fill out form AR-11 if my E-2 company changes address?

If you are in the US on an E-2 investor visa and your office address changes, you don’t need to file form AR-11.

Khadija DerrickApril 5, 2023

An employee and employer having a conversation

Immigration TN Visa

Do I need to apply for a new TN visa if I change employers?

If you are changing employers and you have a valid TN visa, you could submit a new Employment letter at a Port of Entry.

Khadija DerrickApril 4, 2023

Immigration

My spouse is a U.S. citizen. Can I enter on an ESTA/B2 visa?

If you are a foreign national and your spouse is a U.S. citizen, you can certainly qualify for a Green Card under the immediate relative category.

Khadija DerrickApril 4, 2023

Approvals Immigration

E-2 Visa Petition Approved by USCIS

We just had an E-2 Petition approved by USCIS.

Khadija DerrickApril 4, 2023

May 2023 Visa Bulletin Shows EB-1, EB-2, EB-3, and EB-5 Retrogressions and Final Cutoff Dates

Can I submit a new Proposed Endeavor for my NIW petition after receiving a Request for Evidence (RFE)?

I-829 Approval After EB-5 Mandamus Petition

Does filing an EB-5 petition “freeze” a minor applicant’s age to prevent them from “aging out”?

What kinds of proposed endeavor are likely to lead to an NIW approval?

Choosing Between E-2 and L-1— Special Considerations for Canadian Citizens

My I-829 application to remove conditions is delayed but still within USCIS’s estimated processing times. Can I sue the government?

Could 3-year bachelor degrees affect your National Interest Waiver (NIW) application?

E-2 interview and what happens after the interview: Q&A

Conditional Marriage Based Green Card Approved Without an Interview

I’m an engineer working at a company. I have never published papers or patents. How can I qualify for an NIW?

What USCIS forms can be filed online?

What is a reentry permit?

Can a non-immigrant visa holder bring their nanny to the United States?

Can I apply for an E-1 visa if my company is a start-up?

F-1 Students & Unlawful Presence

DHS Proposes New Filing Fees

Important Updates from USCIS for Nonimmigrant Workers Who Were Recently Laid Off

U.S. Visas That Don’t Require a Degree

E-2 visa: What are the best industries to start a business in?

Do I need to fill out form AR-11 if my E-2 company changes address?

Do I need to apply for a new TN visa if I change employers?

My spouse is a U.S. citizen. Can I enter on an ESTA/B2 visa?

E-2 Visa Petition Approved by USCIS

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