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
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
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
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