Immigration Blog

Zakir Naik Stateless, Possible Asylum in the United States? 6/21/17 Zakir Naik has recently had his Indian Passport revoked. In India, he is a wanted man for allegedly financing terror activities and money-laundering. Claims he vehemently denies. If this is the case, and he indeed has no ties to terrorist groups, he could be a potential asylum beneficiary on the basis of persecution on account of imputed political opinion.

Free Do-it-yourself H1B Guide 6/21/17 In this video, we will break down the H1B specialty occupation evaluation process, and provide you with the basics of what goes into an H1B petition. This is NOT a substitution to hiring a professional. Also, professional level evaluation is often necessary to select the proper classification, and to defend the case at the RFE stage if an RFE is used.

Trump Obama Startup Visa 7/21/17 Obama’s 30 month entrepreneur parole rule which was to be implemented on July 16, 2017 has been halted and delayed to March 18, 2018, and may be repealed by the Trump administration, however, the rule may be subject to challenges.

H1B RFE for Wage Level 1 for Computer Programmers 8/18/2017 USCIS is issuing a new type of RFE where it is arguing that selecting wage level 1 on an LCA for computer programmers and other occupations may not qualify for H1B. This video discusses this RFE and how it may be handled.

H1B RFE Wage Level 1 Approval Story 9/28/2017 USCIS has finally issued a decision on an H1B petition where we were challenged on the validity of selecting wage level 1. In this video, a brief explanation of how the petition was approved is provided.

Instant Deportation After Extension Denial and Denials Without RFE? 8/14/18 This video gives your the straight truth over the hype about USCIS supposedly instituting deportations if an extension is denied putting you out of status, and the unfounded warnings about denials without RFEs. This is nothing new, just rehashing known policies in a way to stoke fear.

Unpaid H1B Back Pay Lawsuits and WH4 Complaints 8/14/18 If you have been illegally benched on H1B, you have many lot of options to pursue unpaid wages. Employers actually are in a compromised position if they don’t withdraw an employees H1B and bench them without pay, as the DOL is heavily skewed in favor of employees.

STEM OPT extensions at Consulting Companies Safe Again 8/17/18 USCIS is now allowing consulting companies to support STEM OPT extensions again, even if the worker is placed at a client worksite.

Free Handout for Treaty Investor Visas to Relocate to the US 10/3/18 This video explains how E-2 visas can be used be foreign nationals of certain qualifying treaty trader countries to live and work in the US by setting up or purchasing a small business. Email us at info@usavisalaw.com to request the handout.

EB-5/E-2 Investor Visa Checklists 5/3/19 If you have at least $900,000 to invest in a business in the United States, you and your dependents (spouse and children under 21) may potentially obtain a green card to live in the US under the EB-5 regional center investor visa program. We have been able to obtain E-2 visas for investments in businesses with startup costs as little as $15,000.

H-4 EAD Documents Checklist (Employment Authorization I765) What is Employment Authorization for H-4? H-4 Employment Authorization are work permits that have been granted to the H-4 spouses of H-1B holders. The reason for this is because most H-4 spouses of H-1B visa holders are graduates who possess high skill level.

New H1B Rules if Furloughed/Laid-off Due to Coronavirus? 4/18/20 This video clarifies and disabuses the media hype surrounding USCIS’s website update discussing options for laid off workers. The basic takeaway is that USCIS has in fact not introduced any meaningful change, but could we expect anything more from this administration?

ITServe Win Means No More Short H1B Approvals or Right to Control RFEs? 5/26/2020 ITServe is a prominent association of IT service organizations in the United States. Since 2018, ITServe filed litigation to oppose USCIS in their erratic decisions, and on March 10, 2020, ITServe had a big win in court against USCIS.

Game Changer: USCIS Losing Key IT Job Specialty Occupation Cases in Federal Court 5/26/20 Particularly as of late, USCIS has been giving harsh treatment to H1B petitions where it has applied an unduly narrow interpretation of what qualifies as a an “H-1B specialty occupation. These cases are: -Info Labs Inc., v.

USCIS Rescinds Anti-H1B Memos, Incredible News! June 17, 2020 USCIS has rescinded two of their most anti-H1B, namely the January 2010 Employer-Employee Relationship memo and the February 2018 Contracts and Itineraries Requirements memo. The memo itself can be read here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2020/PM-602-0114_ITServeMemo.pdf So, what does this mean? USCIS now says an H1B petitioner is not required to submit contracts between the petitioner and third parties.

K-3 Visa – An Endangered Species? 7/25/2022 Have you ever been to a farm? Have you seen any hens? Did you notice that hens do not have incisors or molars, basically meaning they do not have teeth. That is where the saying came from “rarer than hen’s teeth.” In the immigration world, the K-3 qualifies as the hens teeth of visas.

FAFSA 2026 updates explained for international students. Learn who qualifies, key deadlines, and the best funding options if you’re not eligible for federal financial aid.