If you are the victim of abuse, you have some options when it comes to your immigration status. The U visa is available for victims of serious crime and self-petitions under the Violence Against Women Act (VAWA) are available for victims of domestic abuse. Both forms of relief provide a path to citizenship. There are some factors that can help you decide which visa applies to your situation. Cap On U Visas, No Cap On VAWA Petitions One downside to a U visa is that there only a limited number of visas available. There is a limit of 10,000 per year. This cap is usually met before the end of the year. This means that you may be able to apply for a visa until the following year. With VAWA petitions, however, there is not a limit. Path To A Green Card Is Faster With VAWA Petitions Because there is an enormous backlog of U visa petitions, you could wait several years for your visa…Read More
Shutdowns due to the COVID-19 pandemic have led to millions of workers across the country being laid off from their jobs. This has been a hardship for many people, but for those in the United States on work visas, the situation has become particularly tenuous. Workers On H-1B Visas H-1B visas are specialty visas granted to foreign workers who have at least a four-year college degree. This visa program is commonly associated with the tech sector but is also available for workers in healthcare, academia, and other fields. The United States puts a cap of 65,000 visas every year. When the number of applications exceeds the cap, which it typically does, then the applications processed are chosen by a lottery system. Most H-1B visa holders have made multiple attempts before being granted a visa. In order to stay in status for an H-1B visa, you must be working for the employer you stated you would be working for in your application. You also need to…Read More
Requests for evidence have become an increasingly common trend for O-1 visa applications. These requests for evidence, or “RFEs,” require documentation demonstrating the extraordinary ability of O-1 visa applicants. According to USCIS data, in 2019, there was a close to 30% rate of RFEs. This is the highest level since 2015. What Is A Request For Evidence? When there is a lack of documentation or supporting evidence in a visa petition, the USCIS will send an RFE. If there is any claim in a petition that is not well-supported, an RFE will be issued and sent to the applicant. Your application processing will then be placed on hold until you have provided the requested evidence. The RFE will contain a deadline for submitting the evidence, and failure to meet this deadline could result in your application stalling. Common Reasons For A Request For Evidence RFEs can be issued for a variety of reasons. However, in O-1 visa cases, most RFEs are issued for some common…Read More
In January of 2020, a divided Supreme Court allowed US officials to implement the so-called “public charge” rule. The rule, which was unveiled in August of 2019, is expected to result in serious restrictions on immigration. It expands the definition of an individual who is or could be an economic burden on the United States. Public Charge Rule The public charge rule gives immigration officials more power to deny visa and green card applications from immigrants who, in the opinion of the United States government, rely or could potentially rely on certain government-offered benefits. Similar rules were previously in place, but the new rule focuses more on cash benefits. Immigration caseworkers can now consider an immigrant’s enrollment in a wide range of federally funded programs in areas such as healthcare and nutrition. Critics argue that the public charge rule will drastically limit the immigration possibilities for numerous foreign nationals from developing countries. However, not all categories of prospective immigrants will be affected. O Visas The…Read More
Work visas in the United States are designed for the different skills that individual workers have. When applying for a work visa, it is important to choose the one that works best for your career goals. If you are a software engineer, you should consider applying for an O-1 visa. As a software engineer, there are a few important advantages to having an O-1 visa, including: Working For Multiple Employers O-1 visas are one of the most flexible nonimmigrant visas in the United States. You are allowed to work for an employer or organization or pick up multiple jobs from different employers. Period Of Stay O-1 visas have an initial stay period of three years. This stay can be renewed in one-year increments for as long as you have a contract with an employer. This is different from other nonimmigrant visas that require an individual to leave once the visa has expired. There is also no limit to how many times you can ask for…Read More
E-2 treaty investor visas offer foreign nationals an opportunity to begin their own business in the United States. Compared to other visas, it is not as complicated to apply for. However, it does come with some stringent requirements. There are both advantages and disadvantages to E-2 treaty investor visas. Advantages Of The E-2 Treaty Investor Visa One of the main advantages of an E-2 treaty investor visa is that you have the ability to conduct business in the United States and be employed by that business. You must play a vital role in the business in order to be eligible for the visa. This can be demonstrated by showing ownership of more than 50% or operational control through a managerial position. In addition, there is no minimum or maximum amount of investment that must be made, although the investment must be substantial. The investment should be proportionate to the nature of the business. Another advantage of the E-2 visa is that your spouse and children…Read More
The United States has always been an important destination for artists around the world and the United States has always been welcoming. From amateurs to professionals, artists and performers are eager to show off their skill to American audiences. P visas are available for artists and performers who wish to show off their talents in the United States. P-1 Visa The P-1 visa is available for artists who will be performing as part of a group project. This type of visa is generally not available for individual artists. The group must be recognized internationally as outstanding for a sustained and substantial amount of time. Along with the artists and performers, support personnel who are essential to the performance may also obtain a visa. They must perform support services that cannot be readily performed by a US worker. For the artists’ group to be eligible, at least 75% of the group must have had a substantial and sustained relationship with the group for at least one…Read More
Legal immigration to the United States has fallen by 11% in the wake of many restrictive immigration policies put into place by the Trump administration. Through these policies, Trump has done more to restrict immigration than a border wall could accomplish. Two of these new policies went into effect in February 2020, an expanded travel ban that included Nigeria, and strict wealth tests on green card applicants. Legal Immigration Down The number of people who obtained permanent legal status in the United States, besides refugees that had previously entered, was down to 940,877 in the 2018 fiscal year from 1,063,289 in the 2016 fiscal year. This was according to an analysis by the National Foundation for American Policy. Four years ago, legal immigration was at its highest level since 2006. The foundation projected a 30 percent drop by 2021. Experts believe that new immigration policies will accelerate the downward trend. Asylum seekers face tightened rules and have been forced to live in squalid camps on…Read More
When applying for work visas or other types of visas, people often ask themselves if they really need an immigration attorney to help them through the process. At first glance, the forms and instructions seem rather straightforward. You are not required to have an attorney, and the decision to hire one is personal. However, there are some important reasons why you may want to hire an attorney for your visa application. Figuring Out Your Options If you are a skilled worker or an employer hoping to hire one, you have many options for working in the United States. However, not all of these options will be right for you, and there may be some options that you have never considered. For instance, while there has been an increase in L visa applications being denied, perhaps you should explore other avenues. A worker may be eligible to come to the United States on an O visa, an underutilized but useful visa, and an experienced immigration lawyer…Read More
Since the reauthorization of the Violence Against Women Act (VAWA) in 2013, the number of applications for “domestic violence green cards” has risen steadily. However, as the number of applications has increased, the percentage of applications flagged as possibly fraudulent has risen at an even faster rate. Fraud referrals have more than quadrupled over the last five years. This has many advocates concerned about the future of these green cards. Harm To Victims Under VAWA, an individual may be eligible for a green card, if they have been the victim of domestic violence. Victims can self-petition for a green card if they can establish that they have endured domestic violence at the hands of a United States citizen or permanent resident. The availability of this green card has been a great advantage and offered peace of mind and security to thousands of victims. Now with greater scrutiny being placed on these green card applications, it may have a chilling effect and be harmful to victims.…Read More