Employment-Based Immigration

Overview of the E-2 Visa The E-2 visa is a nonimmigrant visa that allows nationals of treaty countries to enter the United States to invest in and manage a business. To qualify, applicants must demonstrate a substantial investment in a bona fide enterprise and show that they are in a position to develop and direct...

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Under the Trump administration, some changes are more subtle than others and almost fly under the radar.  This policy is not something you will read about on the news, yet its implications are far reaching, especially for employment-based applicants. On February 28, 2025, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum detailing...

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Overview As of January 17, 2025, a new rule allows H-1B beneficiaries to self-petition even if they have a controlling interest in the petitioning entity. This change is designed to facilitate access to H-1B visas for entrepreneurs and beneficiary-owned businesses, providing them with the opportunity to contribute to the U.S. economy through innovation and job...

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On January 20, 2025, President Trump issued an executive order titled “Protecting the American People Against Invasion.” This directive mandates the Department of Homeland Security (DHS) to prioritize compliance with the alien registration requirement under Section 262 of the Immigration and Nationality Act (INA), codified as 8 U.S.C. 1302. This move underscores a renewed emphasis...

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The U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year (FY) 2026 H-1B cap will begin at noon Eastern on March 7, 2025, and close at noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must register each beneficiary electronically through a USCIS...

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Participation in USCIS site visits is now mandatory. These site visits include employer’s offices, client sites, and even remote workers’ homes. If employers don’t cooperate, H-1Bs can be denied or revoked, meaning if an officer from US Citizenship and Immigration Services (USCIS) shows up at your door, you will need to co-operate with them, or...

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On the first day of his presidency, Donald Trump signed an executive order challenging a fundamental constitutional right, birthright citizenship. The Fourteenth Amendment guarantees citizenship to individuals born within the United States. Trump’s order seeks to redefine eligibility, denying citizenship to children born to parents who are in the U.S. unlawfully, as well as to...

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In a significant policy shift, the U.S. Citizenship and Immigration Services (USCIS) has announced that, effective January 22, 2025, applicants for adjustment of status to lawful permanent resident (Green Card applicants) will no longer be required to provide proof of COVID-19 vaccination on their Form I-693, Report of Immigration Medical Examination and Vaccination Record. Under...

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