Section 245(i) of the Immigration and Nationality Act (INA), as amended by the Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub. L. 106-553 and -554), enables certain individuals who are present in the United States who would not normally qualify to apply for adjustment of status in the United States to obtain lawful permanent residence (get a Green Card) regardless of:
Jul 20, 2022•3 min
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Jun 29, 2022•6 min
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Jun 24, 2022•4 min
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Jun 10, 2022•5 min
EB-1 Extraordinary Ability First Preference Employment Based Immigration – Who is Eligible and why you should try after you’ve locked in an NIW priority date.
Jun 01, 2022•4 min
Biden-Harris Administration actions to attract STEM Talents
May 25, 2022•4 min
Most family-based immigrants and some employment-based immigrants use this form to show they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.
May 18, 2022•5 min
The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting,...
May 11, 2022•1 hr 4 min
Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to Sept. 5, 2017, and in accordance with the Court’s Dec. 4, 2020, order; Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to Sept. 5, 2017, and in accordance with the Court’s Dec. 4, 2020, order; Accepting applications for advance parole documents based on the terms of the DACA policy pri...
May 11, 2022•3 min
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.
May 06, 2022•5 min
Update on I-751 Petition to Remove Conditions on Residence
May 04, 2022•4 min
The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait ev...
Apr 27, 2022•4 min
To learn more about us or to request a consultation, please visit our website: https://visaserve.com/
Apr 27, 2022•4 min
An R-1 nonimmigrant is an a noncitizen who is coming to the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by a: 1. Non-profit religious organization in the United States; 2. Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or 3. Non-profit organization which is affiliated with a religious denomination in the United State...
Apr 22, 2022•3 min
NPZ Law Group Immigration and Nationality Lawyers talk about U.S. Visas for Cultural Uniqueness and for Performing Artists (P-3)
Apr 20, 2022•4 min
Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. Specifically, we guarantee processing within 15 calendar days to those who choose to use this service, or we will refund the premium processing service fee and will continue with expedited processing. The 15 calendar day period will begin when we properly receive the current version of Form I-907, Request for Premium Processing Service , at the c...
Apr 13, 2022•4 min
The EB-5 Regional Center Program (EB-5) will be officially reauthorized 60 days from the passage of the Federal appropriations package for FY 2022. The legislation, named the “EB-5 Reform and Integrity Act of 2022”, is great news not just for new investors interested to immigrate to the United States, but for the thousands of investor families that have been waiting in limbo due to the sunset of the program in June of 2021. https://visaserve.com/lawyer/2022/03/14/EB-5-visa/EB-5-Regional-Center-P...
Apr 06, 2022•6 min
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. Most foreign nationals seeking H-1B nonimmigrant classification are subject to the 58,200 cap. There are an additional 20,000 H-1B visas, which are limited to individuals who receive a master’s degrees (or ...
Mar 11, 2022•8 min
To file H-1B petitions subject to the FY2023 cap for an employee, you must first electronically register and pay a $10 fee for each electronic registration. The electronic registration includes basic information about the employer and employee. This year, registrations must be submitted between March 1 and March 18, 2022. Link here: https://visaserve.com/global_pictures/FY2023_H1B_Registration_Fact_Sheet_for_Employers.pdf...
Mar 04, 2022•4 min
On January 15, 2022, New York City enacted a first-of-its-kind law requiring employers with more than four employees (excluding temporary hiring firms) to include a minimum and maximum salary in all job postings for positions located in New York City. The requirement applies to internal job postings as well as transfers within a company. The new law will go into effect on May 15, 2022. Link here: https://visaserve.com/lawyer/2022/02/16/PERM-(Labor-Certification)/Employers-in-New-York-City-to-Req...
Feb 23, 2022•3 min
USCIS updated policy guidance to change the maximum validity period that may be granted for Employment Authorization Documents (EADs) issued to certain applicants, as well as to provide general guidance on adjudicating Form I-765, Application for Employment Authorization. link here: https://visaserve.com/lawyer/2022/02/09/Employment-Authorization-Documents/USCIS-Updates-Guidelines-on-Maximum-Validity-Periods-for-New-Employment-Authorization-Documents-for-Certain-Applicants-_bl42827.htm...
Feb 17, 2022•3 min
Hiring international students can be an excellent way to leverage some of the world’s best and most diverse talents for your organization. In this blog, we will be discussing the options for employment authorization that are available for international students studying in the US. Explaining the F-1/J-1 Status: An international student needs a student visa in order to be able to pursue a program of study in the United States. Most universities within the country offer two distinct forms of statu...
Feb 11, 2022•10 min
The threshold question for an H-1B nonimmigrant work visa is whether the intending H-1B nonimmigrant has the equivalence of a U.S. Bachelor’s Degree in a specific field. Most of the prospective H-1B employees and H-1B employers begin with either of the following two thoughts: “I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify” or “I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa.” link: https://visaserve.com/lawyer/2022/02/...
Feb 04, 2022•10 min
USCIS announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using USCIS online H-1B registration system. USCIS will assign a confirmation number to each registration submitted for the FY 2023 H-1B cap. This number is used solely to track registrations; you cannot use ...
Feb 02, 2022•4 min
The White House provided a fact sheet detailing new DHS actions intended to attract and maintain STEM talent in the US. These include DHS policy manual updates on O-1 visas, creation of the Early Career STEM Research Initiative, changes to SEVP, USCIS policy manual updates, and more. link: https://visaserve.com/lawyer/2022/01/21/F-1-Visa/WHITE-HOUSE-ANNOUNCEMENT-Biden-%E2%81%A0Harris-Administration-Actions-to-Attract-STEM-Talent_bl42760.htm...
Jan 28, 2022•5 min
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Link here: https://visaserve.com/lawyer/2022/01/14/H-1B-Visa/ABCs-OF-H-1Bs-(THIS-IS-PART-III-OF-AN-VIII-PART-SERIES)-WHAT-H-1B-EMPLOY...
Jan 19, 2022•13 min
The H-1B nonimmigrant professional and specialty occupation work visas allow foreign nationals to acquire temporary work visas in the US based on a bachelor’s or equivalent degree from a US institution. These are among the most in-demand visas for non-immigrants because they are only limited to individuals in specialized fields. The H-1B employment visa process has a start date of October 1st every year, in which 85,000 visas are rolled out; however, the applications far exceed the limited quota...
Jan 14, 2022•4 min
As the current health care workforce shortage in the United States continues to grow and many healthcare workers are exploring their immigration options to the United States. There are several ways to obtain lawful permanent residence status in the United States, including the most common way for healthcare workers – through employment-based visas. This article will provide an overview of each potential visa option. So if you are a healthcare worker interested in coming to the United States, kee...
Jan 12, 2022•5 min
The H-1B nonimmigrant visa category allows employers to sponsor foreign nationals to perform temporary services in a “specialty occupation.” This typically requires an offer of employment in a job requiring at least a U.S. bachelor’s degree, or its equivalent, in a specific area of specialization. There is an annual limit or “cap” on H-1Bs of 65,000 visas, with an additional 20,000 visas allocated to individuals possessing a U.S. master’s or higher degree. Because the demand for H-1B visas far e...
Jan 07, 2022•7 min
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed. Additionally, the employer must attest that it is offering, and will continue to off...
Jan 05, 2022•9 min
