How to Qualify for EB-2 through the National Interest Waiver

Generally, obtaining an employment-based green card can be a long and extensive process that requires an employer’s sponsorship, labor certification, and petitions. However, there are two types of green cards that allow an employee to self-petition...

What Happens When an I-140 is Withdrawn?

When an I-140 is withdrawn, the petitioning company generally avoids any liability it would have toward that I-140 petition, particularly as it relates to ability to pay the Labor Certification wage. Thus, once a company withdraws an I-140--regardless...

TN Status for NAFTA Professionals

TN Overview If you are a citizen of Canada or Mexico, entering the United States as a TN nonimmigrant may be an option for you to work here. The TN visa is a result of the North American Free Trade Agreement (NAFTA) that is intended for citizens in...

Trump Agenda: Denaturalization Task Force

USCIS Director Francis Cissna announced that USCIS planned to hire several attorneys and immigration officers to open an office in Los Angeles, California to review cases to identify people who may have lied on their citizenship application so that...

How an Arrest Can Lead to Visa Revocation

Visa issuance and admission to the United States have always required consulates and border officials to determine that the applicant not only qualifies for the visa classification being sought (such as F-1, H-1B, L-1, O-1, etc.), but also that the...

What is a Notice to Appear (NTA)?

A Notice to Appear (NTA) is an official charging document that initiates deportation (removal) proceedings against a foreign national. An individual who is “served” with or delivered an NTA must appear before an immigration judge to face removal proceedings,...

The Current and Future State of the EB-5 Program

            Last month, Kristina Hernandez provided an overview of the EB-5 process, describing how to apply, and how to eventually obtain a Green Card.  This article will provide a more in-depth insight into what the EB-5 process looks like right...

The Impact of the "Zero-Tolerance" Policy on Asylum Seekers

Overview             On April 6, 2018 Attorney General Jeff Sessions penned the Memorandum for Federal Prosecutors Along the Southwest Border. The memo called for zero-tolerance in regards to 8 U.S.C. 1325(a).  Specifically, the document called for...

STEM Extension Requests for Evidence: Third Party Placement

As you may already know, in April 2018 USCIS updated its STEM OPT guidance webpage which limited the types of employers who can employ STEM OPT students. To read our firm’s article regarding the new STEM OPT guidance from USCIS, please click here. To...

Second Degree CPT May Cause Status Discrepancies

In order to study as a full-time student in the U.S., a student visa is required. These visas are commonly referred to as the F and M visas. The F-1 student visa is for academic students enrolled in a program at the accredited college, university,...

USCIS’s Attempt at Enhancing Fraud Detection  for H-1B Visas

The H-1B Visa program is designed to allow U.S. companies to recruit and employ highly-skilled foreigners. However, some think that too many qualified and willing U.S. citizens are looked over by employers, who instead, seek to employ foreign nationals....

Cross-Chargeability – Gaining a Step Up in the Line for a Green Card

Overview For employment based immigrant visas or what is commonly referred to as “green cards” there are 5 preference categories: EB-1, EB-2, EB-3, EB-4, and EB-5. The total number of employment based green cards that are available each year, 140,000,...

Is H-1B Consular Processing the Right Option for You?

Overview Consular processing your H-1B petition means that you apply for the visa at a U.S. consulate in your home country. If you are outside the U.S., your default option to enter into the U.S. with an H-1B visa is through consular processing. The...

Introduction to H-2B Visas

The H-2B visa allows foreign workers, of certain named countries, to work temporarily in non-agricultural jobs in the United States. H-2B Visas are for temporary jobs that may be professional, skilled, or unskilled in nature. The work must be a seasonal,...

EB-5 Visa for Immigrant Investors

EB-5 Visa Overview The EB-5 program was created by Congress in 1990 to stimulate the U.S. economy by creating jobs and capital investment by foreign investors. In order to qualify, an EB-5 investor must invest the required amount of capital ($1 million,...