If you are inadmissible and you are applying for an Adjustment of Status, immigrant or certain non-immigrant visa, you can apply for an I-601 waiver.
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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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If you are a green card holder and you spend a significant amount of time outside the U.S.
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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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If you plan to leave the US for more than 6 months after filing Naturalization petition, you'll have to rebut absence did not disrupt the Continuous Residence
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You can come to the U.S. as a tourist during COVID, but you have to be aware that travel is restricted if you are coming from certain European countries.
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If you were in certain European countries within 14 days prior to your entry to the U.S., you may not need NIE if you are exempted from the presidential proclamation.
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You have to complete your post completion OPT employment 14 months from the date your work authorization as approved.
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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.
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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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Dependents must independently qualify for TPS by meeting the nationality, continuous residence, and continuous physical presence requirements.
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It is possible to have both TPS and nonimmigrant status, but important to comply with the requirements of each, including as they relate to work authorization.
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To maintain TPS status, the individual must comply with strict travel restrictions, like securing travel authorization using advance parole before traveling.
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TPS gives temporary protection to individuals who cannot return home due to country- or region-wide risk.
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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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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…
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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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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…
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