L-1 visas are useful tools for businesses that are attempting to transfer workers over to an office in the United States. Here are some frequently asked questions about L-1 visas: What Is An L-1 Visa? An L-1 visa is one of the most useful immigration tools for foreign companies looking to make ties with the United States. This visa facilitates the transfer of key employees to the United States from companies that are related to or affiliated with United States corporations. As long as the specific requirements of the visa are met, nationals from all countries are welcome to use it. What Are The Advantages Of An L-1 Visa? An L-1 visa allows an individual to: Work in the United States for an organization that is a subsidiary, branch, affiliate, or parent of the company for which they worked in a foreign country Travel outside and within the United States Obtain visas for their spouse and minor children. Spouses are permitted to work under their…Read More
If you have filed an application for a visa and the U.S. Citizenship and Immigration Services (USCIS) needs more information, they will likely issue a request for evidence (RFE). You are required to respond within the timeframe indicated, usually between 30 and 90 days. The immigration official needs this information to process your application and have enough information to come to a favorable decision. A Request For Evidence Doesn’t Mean You’ll Be Denied You shouldn’t panic if you receive an RFE. It doesn’t mean that your application is going to be denied. It only means that the immigration official reviewing your application needs more information in order to make a decision. USCIS has the power to deny an application without ever issuing an RFE, so the fact that you’re given an RFE means your application is getting serious consideration. You now have the opportunity to provide more information or correct some things in order to ensure that your application is approved. Make Sure You Respond…Read More
One of the fastest and most reliable ways that a foreign national can become a United States citizen is through investment in the country. Becoming a citizen by investment requires an EB-5 green card. Foreign nationals from countries across the world have taken advantage of this very beneficial green card. Through this program, you can receive permanent residence and eventually citizenship with all of the attached rights and privileges. Becoming A Citizen Through Investment To become a United States citizen through investment, an applicant must first seek an investor program visa. Under the new EB-5 rules, prospective applicants must invest at least $900,000 or $1.8 million depending on where they are investing. In addition to the monetary investment, the project must also create or preserve at least 10 US jobs for economic growth. Every year, a total of 10,000 EB-5 visas are issued. In order to apply for an EB-5 visa, you must locate an EB-5 project. The project can either be through an EB-5 regional…Read More
US immigration officials are allowed to deny visas and green cards to individuals who fail to meet certain criteria. Under the “public charge rule,” which was approved by a divided Supreme Court, these officials can now deny entry to a number of individuals. This will have a detrimental effect on legal immigration to the United States. However, the public charge rule does not apply to all categories of immigration and will not affect VAWA applicants. Public Charge Rule The new public charge rule took effect on February 24, 2020. The new rule affects people who are applying for visas and green cards within the United States. They are seeking an Adjustment of Status. While there has always been some type of public charge rule, it has now been expanded and will affect more potential immigrants. Previous rules denied visas and green cards to individuals who were primarily dependent on the government for subsistence. Now individuals who are “more likely than not” to use certain public…Read More
Just like anyone else who intends to come to the United States to work, athletes must have the appropriate visa or green card in order to perform their sport. There are a number of different options available, and you may want to consult with an attorney to determine what is the right visa for you. O-1 Visa O-1 visas are available for those individuals who demonstrate extraordinary ability in their field. To obtain an O-1 visa, an athlete must demonstrate that they have a “level of expertise indicating that they are one of the small percentage who has risen to the top of their field of endeavor.” P-1 Visa Athletes who cannot meet the high standards of an O-1 visa may qualify for a P-1 visa. In order to qualify for a P-1 visa, an athlete must demonstrate that they are internationally recognized and are coming to the United States to participate in a league or event with a distinguished reputation. Athletes who will be…Read More
Navigating immigration processes can be stressful at any time. During a global pandemic, the situation can become even more complicated. For instance, what do you do if you’re in the United States and at risk for overstaying your visa? Overstaying Your Visa Overstaying your visa can come with a cost. In the worst-case scenario, you may be prevented from entering the United States or from applying for another visa. If you overstay your visa from between 6 months to a year, you may be banned for at least three years. If you overstay longer than a year, you can be barred for ten years. Given the travel restrictions, it’s difficult to just book yourself a flight to your home country. So what do you do? The USCIS has issued a set of guidelines. If your case is complicated, you will want the assistance of an experienced immigration attorney. Apply For An Extension If you intend to remain in the United States, then you can apply for…Read More
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