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What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree? H-1B and E-3 Visa

What is the H-1B lottery? Is the lottery based on the wage? What’s my chance to be selected in the lottery if I have a U.S. Master’s degree?

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 19, 2021
I am in the U.S. on an E-2 visa and I need to renew my I-94. Can I do it from within the U.S.? Can I leave and re-enter during Covid? E-2 VisaImmigrationInvestor Visas

I am in the U.S. on an E-2 visa and I need to renew my I-94. Can I do it from within the U.S.? Can I leave and re-enter during Covid?

Recently, we have been asked a lot about renewing the I-94 if an E-2 investor/E-2 employee is in the U.S., and more specifically, whether it is possible to renew the I-94 without leaving the U.S. What is I-94? I-94 is…
February 19, 2021
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What is included in President Biden’s Immigration Reform Proposal? What does this proposal mean for immigration? ImmigrationWhite House & President Immigration News

What is included in President Biden’s Immigration Reform Proposal? What does this proposal mean for immigration?

On February 18, 2021, President Biden presented a proposal for immigration reform to Congress. The proposal touches upon many areas of immigration law, suggesting reforms for family and employment-based immigration and seeking to provide a pathway to permanent residence and…
February 19, 2021
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I submitted a NIE Request. When should I hear back from the Consulate/CBP? Is it faster to travel to a country that is not on the list of restricted countries and spend 14 days there? COVID-19

I submitted a NIE Request. When should I hear back from the Consulate/CBP? Is it faster to travel to a country that is not on the list of restricted countries and spend 14 days there?

In March 2020, former President Trump issued presidential proclamations that restrict entry to the U.S. to people who: Were physically present in the Schengen Area region during the 14-day period prior to their entry in the U.S. Were physically present…
February 18, 2021
For an E-2 visa application, what is the best way to show the government what I have spent on the E-2 business? How do I create an effective investment schedule? E-2 VisaImmigrationInvestor Visas

For an E-2 visa application, what is the best way to show the government what I have spent on the E-2 business? How do I create an effective investment schedule?

One of the key requirements for an E-2 visa is that the applicant’s investment in the business must be “substantial” (for a summary of the E-2 visa and its requirements, please visit our E-2 Visa Page here). Typically, this means…
February 16, 2021
What happens if there are changes to a company abroad after the approval of an L-1 petition? Can L-1 employees continue working in the U.S. if the foreign company that they worked for shuts down? ImmigrationL-1 Visa

What happens if there are changes to a company abroad after the approval of an L-1 petition? Can L-1 employees continue working in the U.S. if the foreign company that they worked for shuts down?

The L-1 visa permits a U.S. employer that has a qualifying relationship with a company abroad to transfer an employee who holds a managerial, executive or specialized knowledge role to one of its offices in the United States.  The employee…
February 16, 2021
Adjustment of Status under the benefit of section 245(i) of the Immigration and Nationality Act. Deportation & Humanitarian ImmigrationFamily ImmigrationImmigration

Adjustment of Status under the benefit of section 245(i) of the Immigration and Nationality Act.

I currently have no legal immigration status in the United States and after years of working with my current employer, my current employer wants to help me obtain my green card. Is it true that I might be able to…
February 16, 2021
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Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status? H-1B and E-3 VisaImmigration

Can I work part-time on H-1B status? Can I work for 2 employers on an H-1B status? Can I get paid based on an hourly rate on H-1B status?

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 15, 2021
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I would like to apply for a National Interest Waiver. How do I prove my proposed endeavor has substantial merit and national importance? ImmigrationNational Interest Waiver

I would like to apply for a National Interest Waiver. How do I prove my proposed endeavor has substantial merit and national importance?

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 advanced degree or its equivalent (a bachelor’s degree plus 5…
February 11, 2021
I was born abroad and then adopted. Now I am a U.S. citizen. Can I sponsor my biological parent for a green card? Family ImmigrationImmigration

I was born abroad and then adopted. Now I am a U.S. citizen. Can I sponsor my biological parent for a green card?

No. The Immigration and Nationality Act explicitly states that the biological parent and any prior adoptive parent of a U.S. citizen receives no rights, privileges, or status for immigration purposes as a result of that parental relationship. Background  The U.S.…
February 10, 2021
What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition? Immigration

What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition?

In spite of a doctrine in immigration law that courts do not review consular officers’ immigration decisions, courts are able and willing to compel consulates to make a decision when they have failed to. As a result, you can sue…
February 10, 2021
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