What happens first? For applicants who elected to consular process on their immigrant visa petition (Form I-130/I-140/I-526), the U.S. Citizenship and Immigration Services (USCIS) will notify the National Visa Center (NVC) to begin consular processing after USCIS...
Topic: Immigration Articles
Documenting Status after CPR Card Expiration (I-829/I-751 Filings)
A conditional permanent resident, whether by marriage or employment, must file a petition to remove the conditions on his/her permanent resident status within the 90-day window preceding the second anniversary of his/her receipt of conditional resident status. A...
NVC Timeline for Consular Processing Post I-526, I-140 or I-130 Approval
NVC File Receipt Approximately 60 days after I-526/I-140/I-130 approval, NVC sends a notice stating that they have received the approved petition from USCIS. This ‘NVC File Receipt’ notice contains the USDOS case number (e.g. GZO followed by ten digits), as well as...
Work Authorization for H-4 Dependent Spouses
The United States Citizenship and Immigration Services (“USCIS”) will approve Form I-765, Application for Employment Authorization, for certain H-4 dependent spouses of H-1B workers. For dependent spouses to qualify for employment authorization, the H-1B spouse must...
Advice to Employers upon Termination of an H-1B Employee
H-1B employers have certain obligations upon termination of an H-1B worker. Termination occurs when wages and benefits, as reflected in the H-1B employee’s Labor Condition Application (“LCA”), are no longer being paid or offered. Typically, this would be the day the...
E-3 Specialty Occupation Visa for Australians
For Australian college students or professionals looking to work in the U.S., the E-3 visa offers a significantly preferable option to the H-1B. To qualify for an E-3 visa, an applicant must demonstrate that: S/he has a legitimate offer of employment in the United...
Entering the United States: CBP Inspection of Travelers
All travelers to the United States, including United States citizens, permanent residents, and nonimmigrants (temporary visa holders), are “inspected” by a U.S. Customs and Border Protection (CBP) officer upon entry to an airport or land border admission point....
How to Freeze a Child’s Age through CSPA
Unmarried children under the age of 21 may immigrate with their parents as “derivative beneficiaries” under certain immigrant visa categories. Problems arise, however, when a child of the petitioner ages out of this eligibility before his/her parents’ immigrant visas...
Form I-924A: Practical Considerations for EB-5 Regional Centers November 2017 Update
On August 24, 2017, USCIS held a webinar on changes to Form I-924A. A full recording of the webinar may be downloaded at: https://millermayer.boxcn.net/s/54sx5qhynei6k20yhmq4poa5vm6e8p6n. The webinar presentation is available at:...
Impact of The Trump Administration’s Decision to Terminate DACA
On September 5, 2017, Elaine Duke, Acting Secretary of the U.S. Department of Homeland Security (“DHS”), issued a memorandum rescinding the Deferred Action for Childhood Arrivals (“DACA”) program. The DACA program, instituted in 2012 under the Obama administration,...
