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Who is Eligible for L-1 Visa?
Who is Eligible for L-1 Visa? L-1A and L-1B visas are available for temporary intracompany transferees who work in managerial positions or have specialized knowledge It is a nonimmigrant visa, but you can eventually apply for a green card as it is also a dual intent...
Specialty Occupation Classification Explained
What is Specialty Occupation Classification? “This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and...
What are Acceptable Documents for Verifying Employment Authorization and Identity?
Background: In 1986, Congress reformed U.S. immigration laws to preserve the tradition of legal immigration while seeking to close the door to illegal entry The employer sanctions provisions, found in section 274A of the Immigration and Nationality Act (INA), were...
When Will You Need a Reentry Permit Even if You have LPR? How to Get a Reentry Permit?
What Is Green Card? A green card, known officially as a permanent resident card, is an identity document that shows that a person has permanent residency in the United States Green card holders are formally known as lawful permanent residents(LPRs) As of 2019, there...
How to Sponsor a Foreign Worker (Coming From Outside the U.S.) for an E-2 Visa?
Who are Qualified as E2 Treaty Investors? To qualify for E-2 classification, the treaty investor must: Be a national of a country with which the United States maintains a treaty of commerce and navigation Have invested, or be actively in the process of investing, a...
What Is Humanitarian Parole? Who Is Eligible?
What Is Humanitarian Parole? Humanitarian parole is used to bring someone who is otherwise inadmissible into the United States for a temporary period of time due to an emergency. Who is Eligible for Humanitarian Parole? You may apply for humanitarian parole if you...
U.S. Travel Ban To Be Lifted from Nov 2021: Things You Need to Know
Background: President Biden signed a proclamation on April 30, 2021 that banned the entry of travelers from India. Even though the situation across the world has got better, the US has not lifted the travel ban for 33 countries that include EU Schengen Area, UK,...
How Can You Hire an H-1B Worker Who Is Already in the U.S.?
Important First Step Check your prospective Employee’s Immigration Status: If you are planning to hire someone who would need sponsorship to continue working for you What they are asking is to change or extend their existing immigration status Hence, when an employer...
Things to Consider Before Seeking Naturalized U.S. Citizenship, if you are a former Asylee:
Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to: Race Religion Nationality Membership in a particular social group Political opinion Can I Stay Back in the United...
Hiring Foreign Workers in the U.S.? Things You Should Know
Why Employers Must Verify Employment Authorization and Identify New Employees? Background: In 1986, Congress reformed U.S. immigration laws to preserve the tradition of legal immigration while seeking to close the door to illegal entry The employer sanctions...
COVID Rules and Precautions at USCIS Interviews
Are USCIS Offices Open? “With USCIS offices reopened despite the COVID-19 pandemic, applicants should expect a similar asylum, adjustment of status, or naturalization interview to the normal one, with some procedural changes to ensure the safety of both applicants and...
E-Verify Account Compliance 101
What is E-Verify? E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security...
Can a Legal U.S. Residents Be Removed? What are The Grounds for Deportation?
What Are the Grounds for Deportation for Aliens? U.S. law contains a long list of grounds for non-citizens or immigrants to be deported (removed) back to their country of origin. An Alien Can Also be Deported for the Following Crimes: Miscellaneous crimes Crimes of...
USCIS Temporarily Extending Validity Period of Form I-693 and What You Should Know?
What is The Significance of FORM I-693? A person seeking an immigration benefit and who is subject to the health-related grounds of inadmissibility must establish that he or she is not inadmissible on health-related grounds In general, those applying for immigration...
Start Up Visa Options for Immigrating Business Owners
Immigration and Entrepreneurship “While researchers often study immigrants as workers, a recent stream of scholarship emphasizes the role of immigrants as innovators and entrepreneurs. For example, immigrants currently represent about 14% of the U.S. workforce but...
USCIS Conducts Second Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations!
Background: In March 2021, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2022 H-1B cap, including for beneficiaries eligible for the advanced degree exemption Per regulation, USCIS uses historical...
Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’ What Does That Mean?
Background The Immigration and Nationality Act (INA) provides certain nonimmigrants the opportunity to request a change to a different nonimmigrant classification for which they qualify USCIS has historically only granted applications to change to F-1 status that fall...
Immigration Detention 101: Useful Information for Detainees’ Family and Friends
What Are the Grounds for Deportation for Aliens? U.S. law contains a long list of grounds for non-citizens or immigrants to be deported (removed) back to their country of origin. Inadmissible at Time of Entry or of Adjustment of Status or Violates Status Any alien who...
What Tests Do You Need to Pass to Become a U.S. Citizen?
What Tests Do You Need to Pass to Become a U.S. Citizen? During your naturalization interview, a USCIS officer will ask you questions about your application and background. Unless you qualify for an exemption, you will also take a naturalization test which is made up...
How to Sponsor a Foreign Worker for an E2 Visa, Who is Already in The USA?
Is the Sponsorship Process Different For E-2 Workers Who is Already in the USA? If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification If the desired...
Red Flags to Avoid Before Submitting an N-400, Application for Naturalization
Red Flags to Be Aware of Before Submitting an N-400, Application for Naturalization An Overview of Naturalization: Naturalization is the process to become a U.S. citizen if you were born outside of the United States. If you meet certain requirements, you may become a...
Can I Travel While My Green Card I-485 is Pending?
Can I Travel While My Green Card I-485 is Pending? The short answer to this question is NO! However, you can if also have other visa or Advanced Parole to enter the USA You can apply for Advance Parole using the USCIS I-131 form to re-enter the USA if you do not have...
New USCIS Policy Updates to Improve Immigration Services
USCIS Policy Updates to Improve Immigration Services “U.S. Citizenship and Immigration Services has issued new policy updates in the USCIS Policy Manual to clarify the criteria and circumstances for expedited processing; improve request for evidence (RFE) and notice...
What Is Q Cultural Exchange Visa? How Is It Different From J1?
What Is Q Cultural Exchange Visa? “The Q-1 visa classification allows you to come to the United States temporarily to participate in an international cultural exchange program that provides practical training and employment, and shares your country’s history, culture,...
Why Does It Take So Long to Get a Green Card in the USA?
How Long Will it Take?” and “Are we there yet?” are Common Questions We have When We Think about Filing Green Cards in the USA. What Is Green Card? A green card, known officially as a permanent resident card, is an identity documentwhich shows that a person...
National Interest Exception For Travel: What Are 16 Critical Infrastructure Sectors in US ?
What are 16 Critical Infrastructure Sectors in the US? Background Of Th Travel Ban From India The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, working in close coordination with the Department of Homeland...
USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants
USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants BACKGROUND: Beginning March 2019, USCIS required certain Form I-539 applicants and co-applicants to appear in person at an ASC to submit their biometrics In March 2020, USCIS...
What is International Entrepreneur Parole Program?
DHS Announces Continuation of International Entrepreneur Parole Program Background: DHS withdraws the proposed rule published May 29, 2018, at 83 FR 24415 as of May 11, 2021 The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a...
Things You Should Know About The Travel Ban From India
Why There Is a Travel Ban From India? Background: The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, working in close coordination with the Department of Homeland Security, has determined that the Republic of...
How to Fill I-765 form Online for OPT, STEM OPT?
How to Fill I-765 form Online for OPT, STEM OPT? According to USCIS Information Update Published on April 12, 2021: " F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing...
Naturalization Explained In 10 Easy Steps
Naturalization Explained In 10 Easy Steps Different Paths to U.S. Citizenship U.S. citizenship can be obtained in one of four ways: Birth in the United States or one of its territories Birth to U.S. citizen parents (called "acquisition" of citizenship)...
Extending H1B Status Beyond the 6-Year Statutory Limit: What Options Do You Have?
Extending H1-B Status Beyond the 6-Year Statutory Limit: What Options Do You Have? Is It Possible to File Labor Certification During the 6th Year of H1-B? It is often assumed that it is impossible to file an LC if one is in the sixth year of H1B This is not exactly...
How to Avoid Most Common H-1B Filing Errors?
How to Avoid Most Common H-1B Filing Errors? Who is Eligible For H-1B Visa? This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business Qualified...
H1B 2022 Registration Lottery Results Out – Selection Notice Explained
H-1B Initial Electronic Registration Selection Process Completed! What does It Mean For the Applicants? USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap) USCIS randomly selected from...
Who is Eligible For National Interest Waiver?
What Does it Mean to Request National Interest Waiver? "Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States". What Type of Job is Eligible for Labor Certificates Waiver?...
Who is Eligible for an Investment Visa?
Background: USCIS administers the EB-5 Immigrant Investor Program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors Under a program first enacted as a pilot in 1992 and regularly reauthorized...
How to Minimize Your Risk of PERM Audits?
How to Minimize Your Risk of PERM Audits? What is PERM or Labor Certification? Program Electronic Review Management (PERM) is the system used for obtaining Labor Certification and is the first step for certain foreign nationals in obtaining an employment-based...
Update on Your Pending I-765 for OPT: USCIS Extends Flexibilities to Certain Applicants
Things you Should Know About Your Pending I-765 for OPT: USCIS Extends Flexibilities to Certain Applicants Working in The United States There are limited work opportunities available in the United States for F-1 students Hence, F-1 students must prove they have the...
Things you Should Know Before Changing Jobs After Filing I-485 With AC-21
What is AC21? Background: In 2000, Congress enacted the American Competitiveness in the Twenty-First Century Act of 2000[1] (AC21) which, in part, added INA 204(j) This provision allows certain employment-based adjustment of status applicants experiencing delays in...
Practical Tips For Filing H-1B for this Registration Period
H-1B Registration Process In 2020 USCIS implemented an electronic registration process for the H-1B cap. Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first...
2022 H1B Visa Lottery Frequently Asked Questions- Updated
2022 H1B Visa Lottery Frequently Asked Questions In this blog, we will cover all the aspects of the H-1B visa fiscal year 2022 season We will cover the following: A brief overview of The Quota Cap A Brief Overview of the Registration process New Rule Updates Lottery...
Effect of Biden Policy on H4 EAD Rule Removal, Things You Should Know
Background: H-4 Visa holders did not have the ability to work, as that was considered a dependent visa with no work authorization. This finally changed on May 26, 2015 when USCIS passed the Employment Authorization for Certain H-4 Dependent Spouses rule. PDF version...
What is The U.S. Citizenship Act 2021 About?
An Outline of Reforms Proposed In U.S. Citizenship Act 2021 Background: Trump administration's Immigration Policy was anathema to all Immigration advocates and lawyers. They looked forward to Biden's presidency and his promises of comprehensive immigration reform. To...
New Update on “Employer-Employee Relationship”
End Clients Have to File LCA Now? The Office of Foreign Labor Certification (OFLC), Employment and Training Administration, revised its interpretation of its regulations concerning which employers must file a Labor Condition Application (LCA) under 20 C.F.R. §§...
Updates about H1B Visa Changes, Proposed Rules, Lawsuits, Travel Ban, and its Aftermath
Updates about H1B Visa Changes, Proposed Rules, Lawsuits, Travel Ban, and its Aftermath In this blog, we will review all the changes and issues in the context of US immigration in the Year 2020 and also provide a current status of the same issue or topic related to...
Things You Should Know About Biometrics, Receipt Notices, OPT, and STEM OPT Extension Delays
Updates about Biometrics, Receipt Notices, OPT, and STEM OPT Extension Delays: There have been significant delays in USCIS processing such as biometrics processing, receipt notice delays, including delays in all types of EAD extensions. We briefly cover updates about...
How to Find an H-1B Visa Sponsorship?
How Can I Find U.S Employment Visa Sponsorship? The US is a powerful global force and powerhouse of innovation. The promise of the American dream and of success attracts people from all over the world If you have moved to the USA for Post Graduate Studies and want to...
What You Need Know about New Updates on DACA Renewals?
When Did DACA Get Reinstated This Year? On November 14, 2020, a United States District Court issued an order requiring the Department of Homeland Security to reinstate the DACA policy that was in effect on September 4, 2017 In compliance with an order of a...
H1B Wage Protection Interim Final Rule Overturned by District Courts
What Really Happened to “Interim Final Rule”: "On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, finding that the U.S. Department of Labor (the...
H-1B Registration and Petition Checklist
Applying for an H-1B visa could be a very daunting and time-consuming process, hence it is good to be organized. If you are an F1 student on OPT applying for H-1B, you will require an additional set of documents from your University. So, we have put together a...
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Ustun Law Group, PLLC
12700 Hillcrest Rd #125, Unit 126
Dallas, TX 75230
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