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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 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…
March 5, 2021
Can I file a mandamus for my delayed EB-5 application, or must I wait to be beyond the estimated processing times? EB-5 VisaImmigrationInvestor 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…
March 4, 2021
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How can a National Interest Waiver applicant show that it would be beneficial to the United States to waive the requirement of a job offer ? ImmigrationNational Interest Waiver

How can a National Interest Waiver applicant show that it would be beneficial to the United States to waive the requirement of a job offer ?

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 equivalent (a bachelor’s degree plus 5 years of post-baccalaureate, progressive…
March 1, 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? ImmigrationImmigration 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…
February 26, 2021
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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? ImmigrationNational 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…
February 25, 2021
I filed my change/extension of status E-2 petition under Premium Processing. Will my dependents’ petitions also be adjudicated under the Premium Processing? E-2 VisaImmigrationInvestor 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…
February 25, 2021
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Bypassing the Labor Certification Application for Individuals of Exceptional Ability in the Sciences or Arts, Including College and University Teachers ImmigrationNational 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…
February 23, 2021
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Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists ImmigrationNational 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…
February 23, 2021
Does the H-1B employer have to be LLC or corporation? Is H-1B visa only for large companies? H-1B and E-3 VisaImmigration

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

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…
February 22, 2021
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