We have previously written about the abundance of acronyms that are used by US immigration attorneys. At our office, some of those acronyms we use most frequently include: USCIS, CBP, DHS, DOS, and DOL, all of which happen to be five of the most important federal agencies involved in US immigration. (Immigration & Customs Enforcement—i.e., ICE—also has a large impact on some US immigrants, but our firm does not often work with this agency.) In this post, we provide a brief introduction to five of the federal agencies we work with most often, explain their areas of oversight, and how they are related.
Read moreThere are a variety of ways to become a lawful permanent resident through employment in the United States. The five main employment-based Green Card categories are: EB-1 (for foreign nationals with extraordinary ability, outstanding professors/researchers, or multinational executives/managers); EB-2 (for foreign nationals holding an advanced degree or its equivalent, or foreign nationals with exceptional ability); EB-3 (for skilled workers, professionals, or other workers—as defined within the immigration regulations); EB-4 (for special immigrants—as defined within the immigration regulations); and EB-5 (for immigrant investors). Under each category, there are several ways to pursue a Green Card.
Read moreWhat’s a NOID? No, we’re not talking about the 1980s Domino’s pizza character that was created to advertise the Domino’s promise to deliver in thirty minutes or less. A Notice of Intent to Deny, commonly referred to as a NOID, is issued by US Citizenship and Immigration Services (USCIS) after a preliminary decision to deny the applicant’s case (e.g., visa petition, work permit, adjustment of status, etc.) due to a perceived ineligibility.
Read moreThe Electronic System for Travel Authorization (or ESTA, as it is commonly known) is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). The VWP enables most foreign nationals from participating countries to travel to the US for tourism or business without first obtaining a visa, if they meet certain requirements. These prospective travelers are required to demonstrate their eligibility for the VWP by applying for travel authorization via ESTA prior to boarding a plane or vessel bound for the US. Through ESTA, the US government compares the applicant’s personal information against various databases in order to determine whether there is a law enforcement or security reason to deem that person ineligible to travel to the US under the VWP. While the ESTA is valid for two years or until the applicant’s passport expires, the actual permitted stay in the US on the VWP is only ninety days at a time.
Read moreHardly a week goes by when a client doesn’t tell us, “I don’t have an I-94. They got rid of I-94s.” And it’s understandable, since there has been a lot of confusion after Customs and Border Protection (CBP) converted from paper I-94s to electronic I-94s in 2013. To recap: the I-94 is an electronic document (formerly paper) issued to foreign nationals that:
- Tracks arrivals and (indirectly) departures to and from the United States; and
- Is evidence of legal status in the US for foreign nationals in their category of admission (for example, H-1, O-1, L-1, F-1, and so on).
The lack of a paper stapled into a passport has led to many misunderstandings. We try to address five of the most common.
Read moreLast week, I attended my very first American Immigration Lawyers Association (AILA) annual conference. Lucky for me, it was in New Orleans, a city I have long wanted to visit. Protima and I had a great time touring the city, eating delicious food, and, oh yes, learning about immigration law! Being an AILA conference beginner, there was a lot to take in—four full days of panels was both exciting and exhausting. Here are some highlights of the experience.
Read moreObtaining a US work visa can be a complex and daunting process. To obtain an O-1, for example, petitioners/sponsors must gather evidence to establish that the foreign national they wish to employ or represent is extraordinary. This evidence may include press citations, critical reviews, samples of the foreign national’s work, contracts, endorsements, testimonials, and evidence of high salary, among other items. So it’s understandable that after all the evidence is obtained and the O-1 petition is prepared and signed, many petitioners and their foreign national beneficiaries are surprised to find out that before their cases can be filed with US Citizenship & Immigration Services (USCIS), the petitioner/sponsor needs to obtain a “consultation letter” from a relevant labor organization or peer group.
Read moreMany foreign nationals work in the US culinary industry. Of course, this is not surprising since American cuisine has long been influenced by culinary traditions from around the world. While there are a number of visa options that may be suitable for restaurant workers, in this post we are focusing on one of the most common visas available for highly talented chefs, bakers, and front of house staff. That’s the O-1B, for artists of extraordinary ability. (Yes, chefs are artists too!) We’ve previously discussed the O-1 generally and specifically for the TV and film industry, but for those culinary talents considering visa options for the US, we have an O-1 recipe for you! (Okay, this is a little silly, but we’re always looking for new ways to explain complex visas processes.)
Read moreDear Mr. Khan:
First off, we’re big fans.
You are one of the most successful film stars in the world (if not the most successful). I mean, to have nicknames like “King of Bollywood” and “King Khan” and to be known simply by the initials “SRK,” it’s obvious you are very special. You’ve appeared in more than eighty Bollywood films, have earned numerous accolades including 15 Filmfare Awards, and have a passionate following in Asia and the Indian diaspora worldwide.
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