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.
TN applicants should show that they will be paid a salary that reflects their professional qualifications and professional-level employment in the U.S.
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.
What is a Satisfactory Departure? 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…
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 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…
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 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…
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…
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…
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…
The Department of Homeland Security has announced that Venezuela has been designed for Temporary Protected Status (TPS) for 18 months, from March 9, 2021 through September 9, 2022. TPS is…
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…
The National Interest Waiver (NIW) is an employment based green card category that permits the applicant to self-petition. Applicants can also be sponsored by an employer. The “waiver” part of the National…
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…
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…