Answer Based on the EB5 Reform and Integrity Act of 2022, which was signed into law in March 2022, the EB5 program in the visa bulletin is now separated into four categories: (1) Unreserved, (2) Rural Set Aside, (3) High Unemployment Set Aside, and (4) Infrastructure...
Answer Typically, as long as the B-1/B-2 visa has not expired, it can be used to request admission in B-1/B-2 status. (27.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
Answer In order to qualify for an H-4 EAD, the principal H1B spouse must either (1) be the beneficiary of an approved I-140, or (2) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21). If your husband's...
Answer The USCIS technically considers an H1B applicant counted against the numerical H1B cap if s/he is issued an H1B visa "stamp" from a U.S. consulate abroad. In general, a foreign national who has been counted against the H1B cap may work in H1B status for...
Answer There was a brief period under the Trump Administration when the USCIS took the position that certain wage level 1 positions may not qualify as H1B positions. For the past several years, however, this has not really been an issue. While there still may be...
Answer Historically, a religious organization filing an R-1 petition for the first time was not allowed to use premium processing until a site visit had been conducted. Based on a policy change from a few weeks ago, however, it appears the U.S. Citizenship and Immigration Services...
Answer At this point, there is no way to know the odds of whether a second H1B lottery will be necessary. The earliest we can reasonably expect to hear from the USCIS about a possible second lottery is July.As a frame of reference, in 2021, the...
Answer No, unfortunately, you generally cannot use a priority date from a family-based case and apply it to an employment-based case. (13.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
Answer No, there normally is no need to be in L-2 status in order to apply for a green card as a dependent of one's spouse. (06.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
Answer Sorry, but there is no new law that allows all H-4 spouses to work. I believe you may have been confused by the recent news regarding a lawsuit challenging the legality of the H-4 EAD program. As expected, the court determined that the H-4 EAD...
