Blogs – Usimmigrationadvisor

Biometric USCIS

Biden’s New Executive Order Could Make Immigration Faster 

President Biden issued an Executive Order on October 30 in a bid to promote innovation and attract artificial intelligence (AI) talent to the shores of America. The “Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence” provides new guidelines to protect the privacy of citizens and safeguard US national security. The EO also seeks to attract foreign talent from around the globe in the AI space to balance the needs of technology companies in this ...
US Immigration attorney

Non-Immigrant Visa USA: Your Gateway to the United States

Non-immigrant Visa A non-immigrant visa is for individuals who want to visit, live or work in the United States temporarily. For example, if you're visiting the U.S. for a vacation or a business conference, then you would need a non-immigrant visa. On the other hand, an immigrant visa is for individuals who want to permanently move to the U.S. and obtain their green card. Non-immigrant visa categories include the H-1B, L, J-1 and E-2 and F-1 Process for Temporary Work ...
US Visa Application

L-1 Filed by Sole Proprietorships

The United States Citizenship and Immigration Services (USCIS) affirmed on October 20 via their Policy Alert (PA-2023-29), that a sole proprietorship cannot file an L-1 visa petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity, separate from the owner. A sole proprietorship is a business in which an individual owns all the assets, owes all the liabilities, and operates the business in the individual’s personal capacity. The L-1 intracompany transferee visa ...
UK Visa Immigration

E2 Visa for UK nationals

Are you a UK national looking to start a business in the United States? If so, you may be eligible for an E2 visa. In this article, we will discuss the E2 visa for UK nationals, its requirements, and how to apply for it. What is an E2 Visa? An E2 visa is a non-immigrant visa that allows foreign nationals to enter and work in the United States based on a substantial investment in a US business. This visa is ...
E-2 Visa approved for a Singaporean national during COVID-19

What is Blanket L1 Visa Petition?

How does the L 1 Blanket Visa Petition work? An L-1 blanket petition enables certain overseas companies to transfer multiple employees to the United States on an L-1 visa, a nonimmigrant visa, under a single petition, without having to file individual L-1 petitions for each qualified employee. All foreign entities that the US petitioning company seeks to include are listed in the blanket petition, backed by documentary evidence of the qualifying relationship with each such entity. An approved blanket petition ...
Top 25 Immigration Attorneys 2023

D&A Recognized in Top 25 Immigration Attorneys 2023

It is with immense pride and gratitude that we announce our firm's recent recognition by EB5 Investor Magazine as one of the "Top 25 Immigration Attorneys of 2023." This prestigious accolade is a testament to our commitment to excellence and dedication to serving our clients in EB5 visa service. We are deeply grateful for your trust and support, which have allowed us to reach such a significant milestone. This recognition reaffirms our unwavering commitment to providing top-notch legal services to ...
Investor Visa Application Price Increase

When is an L-1 Amendment Needed?

The L-1 visa is utilized for the intracompany transfer of qualified managerial and executive personnel and specialized knowledge workers from an overseas company to a related company in the United States. The key criteria of an L-1 are: (1) existence of a qualifying relationship between the foreign and US entity (the US entity should be a parent, subsidiary, affiliate or a branch of the foreign company); (2) the prospective L-1 employee should have worked in a managerial, executive or specialized ...
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

Protecting U.S Citizenship: Can it 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 ...

Qualifying for the Einstein Visa: Eligibility Criteria

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 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

Citizenship Application: Section 322 Process

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 ...