Blogs – Usimmigrationadvisior

Immigration Court Ruling

US Visa Ineligibility Findings and Waiver Option

Often times, foreign nationals are denied a visa or entry into the United States based on certain grounds. Such individuals who are found inadmissible and need a non-immigrant visa to enter the U.S. can apply for a waiver application at a U.S. consulate. The Immigration and Nationality Act (Section 212 (d)(3)) provides for a waiver (or pardon) for certain inadmissibility findings. The “212 (d) (3) waiver” can be used to overcome most grounds of ineligibility. One such very common ground ...
US Visa Application

Can U.S. Citizenship be Revoked?

A naturalized United States citizen is someone who has voluntarily obtained U.S. citizenship based on certain grounds other than by birth in the U.S. The process by which they obtain U.S. citizenship is called naturalization. The U.S. citizenship of such individuals can be stripped away or revoked through what is known as the “denaturalization” process. U.S. citizenship of a person who is born on US soil cannot generally be revoked, but such a person can lose citizenship by engaging in ...
E-2 Visa approved for a Singaporean national during COVID-19

Guidance on Compelling Circumstances EADs

In June 2023, the U.S. Citizenship and Immigration Services (USCIS) released an updated guidance on the employment authorization document (EAD) based on compelling circumstances for beneficiaries of an approved I-140 petition. The guidance clarifies the eligibility criteria for a compelling circumstances EAD. A compelling circumstances EAD is a stopgap measure for non-immigrant visa holders, in the process of applying for their green cards, who have been lawfully residing in the US and are faced with unforeseen or sudden circumstances that ...
L1 Visa

L1 Study Cases

L-1A status for an Executive extended for another two years Getting a new office L1-A Visa petition approved for an executive or manager does not automatically mean that he or she will get an extension of another two years. It is not a matter of right to get your status extended and it is certainly not a ministerial act on the part of USCIS to approve the petition. At the time of filing, the petitioner must prove that it can ...
O1 Talent Visa

Do you Qualify for the “Einstein Visa”? 

The EB-1A visa that is reserved for individuals possessing “extraordinary ability”is nicknamed as the Einstein Visa.  The EB-1 is an employment-based first preference visa category that leads to a permanent residence status in the US; in other words – the Green Card.  The EB-1A is a sub-category of the EB-1 and is available to individuals who have achieved high acclaim in their respective fields.  The requirements of the EB-1 in general are different from those stipulated under the other employment- based categories ...
/ EB-1, EB-1A, EB-1A, EB-2, EB-3
O1 Talent Visa

O1 Study Cases

O-1A Petition Approved for 3 years for a UK national The beneficiary is an expert in innovation, particularly in digital strategy, corporate innovation, and building start-up companies.  The petitioning US company provides innovation strategy, lean start-up experimentation and organizational design. The company caters mostly to high growth European tech start-ups with goals of expanding operations in the US. The company assesses current organizational structure, identifies barriers to innovation, and develops custom organizational design that aligns with the goals and supports innovation ...
E-2 Visa approved for a Singaporean national during COVID-19

Alert – USCIS will conduct a second H-1B cap lottery for 2024

USCIS will conduct a second H-1B cap lottery for 2024 The USCIS (United States Citizenship and Immigration Services) announced last week that it will conduct a second H-1B cap registration lottery for the 2024 fiscal year. As the agency didn’t receive enough H-1B cap petitions to meet the statutory annual quota of 85,000 for the fiscal year, it is conducting the additional lottery. The initial lottery was conducted in March 2023; the agency had received 758,994 eligible H-1B cap registrations ...
/ H-1B, L1 Visa
US Citizenship parents

Application for Citizenship and Issuance of Certificate Under Section 322

Did you know that you may be eligible to apply for U.S. citizenship if you have a U.S. citizen parent even if your U.S. citizen parent has not been physically present in the U.S.?To be eligible:  1.     You must not be not married; 2.     USCIS must administer the Oath of Allegiance to you before reaching 18 years of age; 3.     You regularly reside outside the United States; 4.     You are in the legal and physical custody of your U.S. citizen parent; 5.     Your U.S. citizen parent has been physically ...
Toàn cảnh buổi gặp gỡ và trao đổi về Visa L-1 và thuế Mỹ tại USIMI Group

Toàn cảnh buổi gặp gỡ và trao đổi về Visa L-1 và thuế Mỹ tại USIMI Group

Vào ngày 29/6/2023, CEO của hãng luật Davies & Cộng sự - Ông Mark Davies cùng với ông Tuấn La, CEO công ty Onekey đã có buổi gặp gỡ, trao đổi chuyên sâu cùng các nhà đầu tư tại Việt Nam quan tâm tới thị thực L-1. Toàn cảnh buổi gặp gỡ và trao đổi về Visa L-1 và thuế Mỹ tại USIMI Group: Trong buổi trao đổi, USIMI Group và ông Mark Davies đã chia sẻ về L1-visa: Toàn ...
/ L1 Visa, L1 Visa

L1 Visa: Perspective from a US immigration & tax attorney

On June 29, 2023, CEO of law firm Davies & Associates - Mr. Mark Davies and Mr. Tuan La, CEO of Onekey law company, had an in-depth meeting and exchange with interested investors in Vietnam. to the L-1 visa. Overview of the meeting and discussion about L-1 Visa and US tax at USIMI Group: During the exchange, USIMI Group and Mr. Mark Davies shared about L1-visa: “This is the best way to use for investors who want to immigrate to ...
/ L1 Visa, L1 Visa
E2 Visa Study cases

E2 Study Cases

Renewing an E-2 Treaty Investor Visa  While the E-2 Treaty Investor visa is a non-immigrant visa, it is renewable indefinitely for as long as the business continues to operate and meet the requirements. Our E-2 client from Turkey was successful in getting his E-2 Visa renewed. He plans to re-enter the U.S. soon and further develop his enterprise. E-2 Approvals An E-2 Visa extension of status petition for an Australian Treaty Investor who operates a logistics and transportation company transporting ...
Portugal Immigration


Portugal has implemented a residence permit program that allows foreign citizens to obtain a temporary residence permit and freely circulate within the Schengen Area, through certain eligible investments (e.g. real estate and capital investments among others). Investors are required to a minimum period of 14 days stay per each 2 years, for a minimum period of 5 years. Family regrouping is also available under the Portuguese program. On February 16th, 2023 the Portuguese government proposed the closure of the Portugal ...
Vietnam clients of Davies & Associates


Did you know that the foreign and US companies do not have to be engaged in the same type of business or industry? It is common for an L-1A executive or manager to be transferred to the US company that is engaged in the same type of business or industry and have the same duties and responsibilities, but it is possible for the two companies to engage in different types of business as well. For this particular beneficiary, the Vietnamese ...
L-1 Visa for Spouses


Did you know that USCIS now considers L spouses to be employment authorized based on their valid L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish L spouses and children. As of January 30, 2022, USCIS and CBP began issuing Forms I-94 with L-2S code for L spouses. An unexpired Form I-94 reflecting L-2S code is acceptable as evidence of employment authorization for L spouses. This isa ...
Serbia L1 Visa


The Serbian company recently set up a US affiliate to expand operations in the US. The US affiliate then filed the new office L-1A petition for the executive. With a new office petition, the intracompany transferee gets one year of authorized stay to jumpstart the operations of the US company. Click here for more information: Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. This article has ...