» Business-based Immigration

The Administrative Appeals Office adjudicates immigration cases that have been appealed from a denial by USCIS. If an immigration filing is denied, the applicant or petitioner may sometimes have the option of appealing the decision, or of re-filing a… Read More

In the previous post, I reviewed the key requirements for a successful H-1B petition. The last part of that post was about how the employer must prove a need for the position. On a related note, the employer must clearly establish the employee-employ… Read More

The H-1B petition for specialty occupation workers is one of the most popular visa classifications used. However, having an H-1B petition approved is not as easy as submitting the required forms and submitting the prospective H-1B employee’s resume… Read More

H-1B filing season is upon us! There is an annual limit of 65,000 H-1B visas available every year, with an additional 20,000 visas available for U.S. master’s degree holders. Note that this cap only applies to new cases; not to H-1B transfers or ex… Read More

One of the criteria for the EB-1 alien of extraordinary ability (EB1A) and outstanding researcher or professor (EB1B) is the receipt of a national or international award (this can also be used for the National Interest Waiver petition). What does thi… Read More

1. What is an L-1 visa? The L-1 visa is a nonimmigrant (meaning not permanent residence/green card) visa. It is designed to facilitate the transfer of multinational employees from a company outside the U.S. to that same company’s office in the US.… Read More

1. I’m in a different immigration status right now. Can I change status in to L-1 without leaving the US? You may be able to. If you are in J-1 status, you must confirm with your attorney that you are not subject to the two –year home residence r… Read More

Wondering how to have an H-1B petition approved without an end client letter? It is possible! USCIS has recently focused on making sure that a) there is H-1B work for the H-1B employee, and that b) the employer filing the petition is the employer tha… Read More