On November 28, 2023, the U.S. Department of State (DOS) provided updates regarding the long-anticipated pilot program for renewing visas domestically. Starting as soon as December 2023, this program will allow certain foreign nationals to renew or apply for their next visa while within the United States. Individuals residing and working in the United States…
Category Archives: Immigration Blog
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Choosing Your Path to the American Dream: E-2 Visa vs. EB-5 Visa
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…
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The Impact of a Petitioner or Principal Beneficiary’s Death on the Immigration Process
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 in the event…
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What happens if I am laid off before my H-1B change of status become effective?
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?…
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Unsecured Loans as a Viable Source of EB-5 Funds
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 invested into an NCE are indeed…
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Basic Requirements of the EB-5 Program
The EB-5 visa program was created in 1990 by Congress to promote job creation and capital investment by foreign investors in the U.S. economy. The EB-5 program is administered by United States Citizenship and Immigration Services (USCIS). It enables foreign investors (as well as their spouses and unmarried children under 21) to obtain U.S. permanent…
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DHS Issues Proposed Rule to Modernize H-1B Visa Program
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…
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Case Study Discussion:L-1A Approval for Multinational Manager without issuance of a Request for Evidence
The Patel Law Group immigration practice was retained to obtain an L-1A petition approval 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 Manager. …
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Why the Visa Bulletin is only going to get worse
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…
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USCIS Extends EAD Validity to Five Years for Multiple Categories, Including Adjustment of Status
Renewing Employment Authorization Documents (EADs) has been a significant challenge for applicants, characterized by uncertainty, prolonged processing times, and the added burden of extensive paperwork. Previously USCIS issued EADs for 1- and 2-year increments, requiring applicants to file renewal applications to continue working. For individuals with a pending I-485 application stuck in a years-long backlog…