Navigating the intricate web of immigration options can be exciting yet complex. The decision between the E-2 visa and EB-5 visa may appear straightforward for foreign investors and entrepreneurs. However, these visas diverge significantly in their requirements, benefits, and long-term pathways to permanent residency. Discerning which visa is most suitable for you will depend on...
Immigration Blog
Background: Pre-2009 Policy Before 2009, the death of a petitioner or principal applicant during the application process could lead to the denial of the petition, resulting in an individual not being able to complete the processing of their green card application. However, in 2009, Congress introduced a rule allowing individuals to obtain immigration benefits even...
Students In the dynamic landscape of immigration and employment, international students on F-1 visas in the United States often face uncertainties, particularly when transitioning to H-1B nonimmigrant status. What happens if a student, approved for a change to H-1B status, is laid off or terminated by their H-1B employer before officially obtaining the new status?...
Legal Precedent: Zhang v. USCIS (2020) Traditionally, USCIS has treated unsecured loans as unviable sources of EB-5 funds. The U.S. Court of Appeals for the D.C. Circuit, however, changed the landscape of the EB-5 program in 2020 when it concluded in Zhang v. USCIS, 978 F. 3d 1314, 1319-22 (D.C. Cir. 2020) that loan proceeds...
In 1990, Congress created the EB-5 visa program. It aims to encourage foreign investors to create jobs and invest in the U.S. economy. United States Citizenship and Immigration Services (USCIS) administers the EB-5 program. It lets foreign investors get U.S. permanent residency as green card holders. Their spouses and unmarried children under 21 can also...
The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), announced on October 23, 2023, its plan to amend and modernize the H-1B specialty occupation worker program as an effort to “attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system” under the Biden...
The Patel Law Group retained its immigration practice to obtain approval for an L-1A petition for a multinational manager. The petitioning U.S. entity, an international company engaged in in the business of IT and ITES services, required the managerial expertise of the beneficiary in the United States to serve in the role of Senior Program...
At the beginning of the fiscal year, we typically observe some good movement in the dates listed in the visa bulletin allowing more and more applicants to file for their green card. This trend generally continues for the first three to four months of the fiscal year. Although the October visa bulletin saw some movement...