Answer An H1B worker can make a passive investment in any company. However, it must genuinely be a passive investment only. One cannot work at the company or run or manage the business. Many people think they are not “working” because they hire someone else for...
You are living abroad and engaged to a U.S. citizen, and the two of you want to build your life together in the United States. The K-1 fiancé/e visa is designed for exactly this situation. It allows the foreign fiancé/e to enter the U.S. for...
Caution! We are hearing from multiple visa applicants in India that consular officers are now asking two new questions about fear of harm or mistreatment in their home country — and that a "yes" to either has resulted in visa denial. This aligns with a...
The Trump administration has announced a significant shift in federal drug policy, reclassifying state‑licensed medical marijuana from Schedule I to Schedule III under the federal Controlled Substances Act (CSA). This action, taken by the U.S. Department of Justice and the Drug Enforcement Administration (DEA) pursuant...
The EB5 program offers a path to a green card for a foreign national who invests in a U.S. business that creates American jobs. But “investing in a U.S. business” can mean two very different things under EB5. An investor can put money either directly...
Answer Generally speaking, you are not required to be working in the same field at the time of applying for naturalization as when you received your green card. However, in some circumstances it may be an issue. Before seeking new post-green card employment or applying for...
Answer No. Unlike the RC program, the direct investment EB5 program is not scheduled to sunset on 20.Sep.2027, and is therefore not subject to the grandfathering deadline. (29.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Answer Yes. The USCIS has stated that it will not deny a new or amended H1B petition solely because the work location differs from the one listed in the original registration. However, the proffered wage must continue to meet or exceed the same OES wage level...
Answer If your priority date was current at the time you properly filed your Form I-485, USCIS generally will continue processing your application even if the Visa Bulletin later retrogresses, and your filing remains valid. However, because the USCIS cannot approve your adjustment-of-status application unless a...
Answer No, retrogression does not pause the processing of a concurrently filed EAD or AP application. Additionally, it does not affect the validity of an existing EAD or AP, nor does it prevent a person from applying for extensions. (21.Apr.2026)Sheela Murthy and other senior attorneys provide...
