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13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

07:29 / AOS/CP (Family) / Consulates / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Resident / Travel
03 Jul 2023

Inadmissibility and Immigrant / Nonimmigrant Waivers

A foreign national may become subject to inadmissibility for a variety of reasons. Those deemed inadmissible are not eligible for immigrant or nonimmigrant visas, admission to the United States, extension of nonimmigrant status, or adjustment of status to that of a lawful permanent resident (LPR)....

08:11 / Consulates / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Travel / USCIS News
24 May 2023

Now that nearly all the COVID-19 pandemic restrictions and flexibilities have been eliminated, is it still possible to apply for a visa at a U.S. consulate that is not in your home country?

Answer Many, if not most U.S. consular posts accept third-country national visa applicants. Some, however, do significantly limit which third-country nationals qualify. If a consular post has any restrictions on visa applications by third-country nationals, this information typically can be found on the consulate's website. (24.May.2023)Sheela...

17:25 / Consulates / FAQs / For Individuals / Travel
03 May 2023

Priority Dates: How Does the Visa Bulletin Work?

The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...

02:25 / AOS/CP / AOS/CP (Family) / Consulates / For Employers / For Families / For Individuals / Immigrant Family / InfoArticle / NewsBrief / Visa Bulletin
20 Apr 2023

Last year, my registration was selected in the lottery. The H1B petition was approved and I got my H1B visa stamp, but the project was then canceled and I never came to the U.S. Can an employer file an H1B for me now without going through the lottery?

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...

09:01 / Consulates / FAQs / For Employers / For Individuals / USCIS News / Worker
06 Apr 2023

I am on H-4 and my registration was selected in this year’s lottery. I will be traveling to India soon to visit family. Do I have to be in the United States when the H1B petition is filed?

Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...

09:10 / Consulates / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / USCIS News / Worker