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What Is the Fairness for High-Skilled Immigrants Act of 2020, which recently passed in the Senate? What will its effects be? Immigration

What Is the Fairness for High-Skilled Immigrants Act of 2020, which recently passed in the Senate? What will its effects be?

Is it true that the Senate passed a bill that would affect the green card backlog? Yes -- on December 2, the U.S. Senate passed an amended version of the “Fairness for High-Skilled Immigrants Act” which passed the U.S. House…
December 14, 2020
Do I need to have a health insurance to get a green card in the U.S.? What documents do I need to submit to prove that I have health insurance? Family ImmigrationImmigration

Do I need to have a health insurance to get a green card in the U.S.? What documents do I need to submit to prove that I have health insurance?

In February 2020, the new Public charge rule began to be implemented in the U.S. Adjustment of Status Petitions that were postmarked after February 2020 have to include a new I-944 form, Declaration of Self-Sufficiency. One section on the new…
December 11, 2020
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I have been in the U.S. on my B-2 visa for the maximum allowed stay of 6 months. Can I simply do a “visa run” – a short visit to a neighboring country – in order to restart my 6-month visa clock? Immigration

I have been in the U.S. on my B-2 visa for the maximum allowed stay of 6 months. Can I simply do a “visa run” – a short visit to a neighboring country – in order to restart my 6-month visa clock?

B-2 Visa Basics The B-2 tourist visa is a nonimmigrant visa with a validity period of up to 10 years, and can permit the visa holder multiple entries (the visa validity period and number of permitted entries depends on the…
December 11, 2020
I was born in the United States as the child of a foreign diplomatic officer. Do I get U.S. citizenship at birth? If not, how can I become a U.S. citizen? Immigration

I was born in the United States as the child of a foreign diplomatic officer. Do I get U.S. citizenship at birth? If not, how can I become a U.S. citizen?

In short, no -- a child born in the United States to a foreign diplomatic officer does not receive U.S. citizenship at birth. However, many employees of foreign governments -- including consular officials -- are not considered “foreign diplomatic officers”…
December 9, 2020
Our company is thinking about hiring a TN visa applicant. What requirements would hiring a TN visa applicant place on our company, if any? ImmigrationTN Visa

Our company is thinking about hiring a TN visa applicant. What requirements would hiring a TN visa applicant place on our company, if any?

What are the obligations placed on the TN employer? The Trade National, or “TN,” visa is an excellent option for Canadian or Mexican nationals in specific occupations to temporarily work for an employer in the United States. The visa is…
December 8, 2020
Can I operate 2 different businesses on one E-2 visa? Do I have to apply for 2 different E-2 visas if I want to operate 2 businesses? E-2 VisaImmigrationInvestor Visas

Can I operate 2 different businesses on one E-2 visa? Do I have to apply for 2 different E-2 visas if I want to operate 2 businesses?

An E-2 visa is a great option if you want to start a business in the U.S., you have invested a substantial amount of money in the U.S. or you are in the processing of investing the money, and you plan to…
December 8, 2020
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District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure H-1B and E-3 VisaImmigration

District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure

In October 2020, the U.S. government promulgated two rules that would affect the H-1B visa program: one was proposed by the Department of Labor (“DOL”) and the second one was proposed by the Department of Homeland Security (“DHS”). The Department…
December 3, 2020
How can an E-2 investor applicant who does not plan to hire employees for at least one year satisfy the “develop and direct” requirement? E-2 VisaImmigrationInvestor Visas

How can an E-2 investor applicant who does not plan to hire employees for at least one year satisfy the “develop and direct” requirement?

I filed an E-2 investor visa petition with USCIS and received a Request for Evidence asking that I demonstrate that I will “develop and direct” the business. I won’t be hiring employees for at least a year after starting the…
December 1, 2020
I want to come to the U.S. to set up an E-2 business. Should I enter on a B-1 or B-2 visa? Can I change status in the U.S. if I entered on a B-2 visa? E-2 VisaImmigrationInvestor Visas

I want to come to the U.S. to set up an E-2 business. Should I enter on a B-1 or B-2 visa? Can I change status in the U.S. if I entered on a B-2 visa?

If you want to come to the U.S. and explore E-2 investment opportunities, you should enter as a B-1 business visitor (either on a B-1 visaor as anESTA business visitor). Exploring investment opportunities is an activity that is specifically allowed…
December 1, 2020
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My B extension of status petition has been pending for almost 6 months. Can I stay in the U.S. as long as the petition is pending or do I have to leave the U.S.? Immigration

My B extension of status petition has been pending for almost 6 months. Can I stay in the U.S. as long as the petition is pending or do I have to leave the U.S.?

B-1 visa classification is available to foreign nationals who desire to enter the U.S. for short-term business activities. For B-1 purposes, engaging in business generally means business activities other than performance of skilled and unskilled labor that are a necessary…
November 24, 2020
I want to extend my E-2 visa with USCIS and realized my passport is expired. Do I have to have a valid passport when applying for an extension of status with USCIS? Do I have to have a valid passport even if I don’t plan to travel outside the U.S.? E-2 VisaImmigrationInvestor Visas

I want to extend my E-2 visa with USCIS and realized my passport is expired. Do I have to have a valid passport when applying for an extension of status with USCIS? Do I have to have a valid passport even if I don’t plan to travel outside the U.S.?

Example You entered the U.S. on a B-1 visa back in 2014 and in 2014 you filed a change of status petition with USCIS and you changed your status from B-1 to E-2. Since 2014, you have not left the…
November 20, 2020
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