NIW applicants who are qualifying based on exceptional ability should provide as much documentation as possible to show they are exceptional compared to others in their field.
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An immigration a.k.a. an individual hearing or merits hearing. At the individual hearing, you will be allowed to explain circumstances that led to the violation
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While there is no specific number of years of experience required for an NIW application, applicants should have a strong track record of significant success in their industry.
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For NIW applicants who are applying as entrepreneurs, a comprehensive business plan is an important part of the NIW application.
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Many clients do not realize that the I-94 Governs their stay in the U.S. Instead, they think that the visa dictates the time they can spend.
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When adjudicating EB-1A petitions, USCIS will apply a two-part test as explained in Kazarian v. USCIS decision.
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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.
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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.
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L-1 employees are not required to live and work in the U.S. on a full-time basis
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TN applicants should show that they will be paid a salary that reflects their professional qualifications and professional-level employment in the U.S.
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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.
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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A National Interest Waiver is a green card petition that falls under the employment-based second preference (“EB-2”) category. Normally in this category an employer must go through a PERM labor…
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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…
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On March 2, 2021, without prior notice, the Secretary of State rescinded the previous national interest guidance that allowed people in certain visa categories to travel to the United States…
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