TN Visa: Do I need a credentials evaluation of my degree? Blog Post
The TN visa can be an excellent option for nationals of Canada or Mexico who want to work in the United States.
A Comprehensive Guide to the PERM process – Timeline & Timing considerations Blog Post
This blog explains the timelines & important considerations in the PERM process for obtaining US permanent residency via EB-2 and EB-3 category.
A Comprehensive Guide to the PERM Process – PERM Requirements Blog Post
The blog provides a comprehensive guide to the PERM process for employers to sponsor foreign nationals for a green card, including requirements and key factors.
How do you define “significant contributions to the industry?” NIW Exceptional Ability criteria Explained. Blog Post
To qualify for this criterion, the applicant must show that their work has had an impact beyond [their] employers, clientele, and their specific projects at a level indicating a significant contribution to the industry or field.
How do you define a “professional association” in the NIW context? Exceptional ability criteria explained Blog Post
To qualify as a professional association, the membership body must be comprised with “professionals,” which is defined in the regulations as an occupation for which a Bachelor’s degree is the minimum requirement for entry in the occupation.
Case Study: Can a Soccer Coach Qualify for an NIW? Top 3 Lessons Learned Blog Post
For a soccer coach to qualify for an NIW, they need to show their activities will result in large-scale impact to the progress of the industry as a whole, beyond their immediate students and cohort.
I am in the U.S. on an L-1 visa, can I travel while my adjustment petition is pending? Blog Post
If you have a valid L1 visa you can leave the US even without an Advance parole and it will not impact your green card petition.
L-1 Executives & L-1 Managers Blog Post
L1 employees can come to the US to perform a managerial, executive or specialized skills role.
My spouse and I own our business 50/50. Should we each apply for the E-2 investor visa? Blog Post
If a married couple owns an E-2 business 50/50, it is usually best for one person to apply as the E-2 investor and the other to apply as the E-2 spouse.
What to Know About the E-2 Employee Visa Blog Post
What you need to know about the E-2 employee visa and its requirements.
Biometrics Collection Suspended for Some H-4, L-2, and E Derivative Applicants Blog Post
USCIS announced that biometric requirements will be suspended through September 30, 2023, for applicants filing Form I-539 for their H-4, L-2, E-1, E-2, or E-3 derivative status.
Determining Treaty Nationality of an E-1 or E-2 Enterprise Blog Post
A corporation has treaty country nationality if at least 50% of its ownership interests are held by nationals of treaty countries. If the company is owned by another company, the analysis continues up to the parent corporation’s owners.
3 situations where the L1 visa can be a great alternative to an E1 or E2 visa Blog Post
The L1 visa can be a great option where there are two affiliated entities doing business, one in a foreign country and one in the United States, and an executive, manager, or specialized employee seeks to enter the U.S. to work in developing the U.S. entity.
I-140 Petition Approved by USCIS for a Multinational Executive Blog Post
We just had an I-140 Petition approved by USCIS for a Multinational Executive.
I’m filing an E-2 petition through USCIS. What kinds of evidence do I need to show for the source of funds for an E-2 investment? Blog Post
E-2 applicants must provide sufficient documentation specifying the source of funds used in the investment, which may include extensive tax returns, bank statements, receipts, and transactional agreements.
Can I apply for an E-2 visa with a business that is already operating? Blog Post
If you are applying for an E-2 visa and your company has been operating for several years there are a few different ways to structure the proof of investment.
Recent trends in EB-2 NIW (National Interest Waiver) adjudication Blog Post
This post summarizes the updates to NIW policy in 2022-2023 and introduces some trends in how the NIW criteria are interpreted.
Can you qualify for a National Interest Waiver with no Google Scholar and no Citations? Blog Post
You certainly can! Clients sometimes come to us and relay advice they heard from other attorneys that having a Google Scholar profile and a citation count is “mandatory” to qualify...
Can I appeal a denial of an EB-2 National Interest Waiver petition to federal court? Blog Post
Federal courts do not have jurisdiction to review USCIS’s denial of a National Interest Waiver per Poursina v. USCIS, 936 F.3d 868 (9th Cir. 2019), but they can review EB1A denials.
May 2023 Visa Bulletin Shows EB-1, EB-2, EB-3, and EB-5 Retrogressions and Final Cutoff Dates Blog Post
Due to an increase in demand, the State Department announced retrogression and final action cutoff dates for certain EB-1, EB,2, EB-3, and EB-5 applicants.
Can I submit a new Proposed Endeavor for my NIW petition after receiving a Request for Evidence (RFE)? Blog Post
While NIW applicants can provide more detailed explanation and evidence of their proposed endeavor after receiving an RFE, they cannot materially change their endeavor to something inconsistent to what they have submitted before.
Does filing an EB-5 petition “freeze” a minor applicant’s age to prevent them from “aging out”? Blog Post
Yes, the CSPA “freezes” a child dependent’s age during the time the underlying I-526 EB5 petition is pending, but not while the applicant waits for the priority date becomes current.
What kinds of proposed endeavor are likely to lead to an NIW approval? Blog Post
In most successful petitions, the proposed endeavor is specific, focused, credible, and supported by objective evidence. At the same time, the project’s impact should be broad enough to make improvements to the field as a whole.
Choosing Between E-2 and L-1— Special Considerations for Canadian Citizens Blog Post
The E-2 and L-1 visas can each be great visa options for Canadian citizens. One big benefit of the L-1 is that Canadians can apply for this visa directly at a port of entry.
My I-829 application to remove conditions is delayed but still within USCIS’s estimated processing times. Can I sue the government? Blog Post
USCIS’s posted processing times should not discourage I-829 applicants from suing the government for unreasonable delays.
