The U.S. Citizenship and Immigration Services (USCIS) again is expanding its credit card payment pilot program, this time for all form types, except for petitions for nonimmigrant workers (form I-129) filed on behalf of H1B or H2A workers. To pay by credit card, an applicant,...
Following the release of the April 2022 Visa Bulletin, the U.S. Citizenship and Immigration Services (USCIS) updated its website to indicate that foreign nationals may use the more favorable dates for filing chart (i.e., Chart B) in April for purposes of applying for adjustment of...
Answer Ordinarily, if a person enters using AP, that individual is not considered to be in H1B status. (17.Mar.2022)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 © 2022, MURTHY...
Answer There are no special visas available specifically based on the invasion of Ukraine. However, depending on the circumstances, there may be options to apply for a nonimmigrant visa.One option may be to apply for a B-1/B-2 visa. One hurdle with this option is that the...
The U.S. Department of State (DOS) has released the April 2022 Visa Bulletin. The employment-based, second preference (EB2) category for foreign nationals born in India advances a bit, while the other categories largely remain unchanged. All cutoff dates listed refer to the dates in the...
The U.S. Department of Homeland Security (DHS) has published a proposed rule that, if implemented, would reaffirm long-standing guidance applicable for determinations of whether an individual will become a public charge. In its announcement, the DHS calls the rule "fair and humane," in contrast to...
Answer It is possible, but this can raise issues. The ownership interest must be disclosed on the I-129. Further, as with all H1B petitions, one must be able to demonstrate a valid employer-employee relationship.In general, when the H1B worker is a minority shareholder, demonstrating a valid...
Answer This is a fairly common issue that arises at U.S. ports of entry. We typically recommend contacting a U.S. Customs and Border Protection (CBP) deferred inspection site to request that the I-94 be corrected.Note that, in situations like these, it is virtually impossible to prove...
Answer Eligibility for E-1/E-2 and TN categories generally is based on country of citizenship. So, an Indian-born Canadian citizen typically is eligible to apply for either visa, assuming those nonimmigrant visa requirements otherwise are met. (10.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Congress is poised to pass an omnibus spending bill that would include a provision to reauthorize the EB5 regional center program. Assuming the bill is signed into law, it would also make a number of important changes to the EB5 program. Overview of Proposed Changes In addition...
