One of the changes from the EB-5 Reform and Integrity Act of 2022 is that EB-5 applicants can now benefit from INA 245(k) which can make it easier to adjust status in the U.S.
PERM is a multistep process that employers can use to sponsor foreign workers. Human resources professionals should work closely with immigration attorneys to ensure a smooth PERM process.
While not common, Consular officers do have a discretion to send an O-1 petition to USCIS for re-consideration if they think you don’t meet the O-1 criteria.
If you have a green card petition pending and you obtained your Advance parole card based for example on marriage to U.S. citizen or green card holder, you do not need to apply for a National Interest Exception.
The Biden Administration announced that it will no longer defend the 2019 public charge rule in court. The rule went through many different lawsuits, causing constant changes in the implementation of the rule, sometimes changing from one day to the…
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 through a mandamus action. Some who are considering this option…
To qualify for the EB-1A Green Card, you will need to prove that you are one of the small percentage of people who have risen to the very top of your field. To prove that you qualify for the Eb-1A green card,…
Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including Professional Nurses and Physical Therapists, are able to bypass the time-consuming process of applying for a certified labor certification application through the…
The U.S. is the land of opportunity and the perfect place for entrepreneurs to realize their dream. If you want to start and run a business in the U.S., or if you want to purchase and manage an already existing business…
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…
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…
I am a Legal Permanent Resident living in the US for 10 years. Last year I was convicted of a marijuana related offense. Will this conviction affect my green card status? Marijuana is a controlled substance under federal law which…
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.…
Many that are on an E-2 visa ask the questions: How do I Convert my E-2 visa to a Green Card? What is the EB-5 Direct Program? An E-2 visa does not lead to a green card but if you…
When the government has unreasonably delayed a decision on an immigration petition, one option to force the government to act is to sue. The specific name for this legal action is a “mandamus.” You can read more about mandamus actions…
In 2017, a new court decision (Matter of Dhanasar), changed the standard for the National Interest Waiver (NIW) which made this category much more approvable for entrepreneurs. An NIW is a green card petition that falls under the employment-based second preference…
Every time you receive an I-797 Receipt Notice or Approval notice from USCIS, it is every important that you check that all information on the Notice looks correct. If you see a spelling mistake or a typographical error (e.g. spelling…
So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…
Scott Legal, P.C. keeps up to date on the issues related to the practice areas we specialize in. We also regularly publish articles in this blog so that we can share that information with you. Please feel free to contact us and ask us any questions you have about our posts. Also, please feel free to comment in the comment section and/or share the posts with friends and family on Facebook, Twitter and Linkedin.
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