Chris Prescott

In June we reported that the Biden administration had announced a parole-in-place program to help unite families.  This new initiative aimed to benefit those married to a U.S. Citizen who had entered without admission or parole and had continuously resided in the U.S. for at least 10 years as of June 17, 2024. Although precise...

Ever since USCIS revoked its 2010 policy memorandum for determining the employer/employee relationship, I strongly believe that sponsoring your own H-1B visa is possible. However, many have been reluctant to attempt this, and for good reasons. For a long time, USCIS required petitioners to meet multiple criteria to demonstrate the existence of an employer/employee relationship,...

On June 17, the Biden administration unveiled a new initiative allowing certain spouses of U.S. citizens to apply for “parole-in-place” through the Department of Homeland Security (DHS).  Although marriage to a US Citizen allows a foreign national to obtain a green card, those without a legal entry are forced to leave the U.S. and return...

Separate filing fees required for I-765 and I-131 when filing I-485 after April 1, 2024. It’s been 3 months since the United States Citizenship and Immigration Services (USCIS) implemented significant fee increase, including the fee for the Form I-485, Application to Register Permanent Residence or Adjust Status. Previously.  The previous fee for Form I-485 was...

Consular Processing versus Adjustment of Status for Spouses For many foreign nationals married to U.S. citizens (USC) or lawful permanent residents (LPR), the ultimate goal is to obtain permanent residency in the United States. However, the process of achieving this status can vary significantly depending on whether the individual pursues Consular Processing or Adjustment of...

Permitted Activities on H-1B Status While Being a Member of a Multi-Owner LLC The H-1B visa is a non-immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations. This visa is highly sought after by skilled professionals from around the world, as it provides a pathway to work and potentially...

The E-2 visa is an excellent pathway for investors from treaty countries to enter the U.S. and manage their own business. One of the key aspects of securing an E-2 visa is demonstrating a substantial investment in the U.S. enterprise. However, many prospective applicants are unsure if they can use loans to meet the investment...

For many foreign workers in the United States, the H-1B visa program represents an opportunity for professional growth and career advancement. However, navigating the intricacies of the H-1B transfer process can be challenging, especially if you find yourself in a situation where you’ve been benched for an extended period.  Being “benched” refers to a scenario...