03 Mar 2022

USCIS Issuing EADs Separately from APs

The U.S. Citizenship and Immigration Services (USCIS) has begun issuing employment authorization documents (EADs) separately from advance parole (AP) documents. This is being done in an effort to clear backlogs in EAD applications. Background on "Combo Cards" When a foreign national files an I-485 adjustment of status...

02 Mar 2022

DOS Provides Updated Visa Application Instructions for Ukrainian Applicants

The U.S. Department of State has posted the following updated instructions regarding consular services currently available for Ukrainians: The U.S. Mission to Ukraine is not currently offering visa services. Beginning immediately, Ukrainian immigrant visas (IVs) other than adoption cases will be processed at Consulate General Frankfurt,...

24 Feb 2022

Is it true that it will soon be possible to get a green card based on obtaining a PhD? I have also heard that I may be able to get a new type of visa if I start a business in the U.S. Is that going to soon be an option?

Answer Last summer, the U.S. Senate passed the United States Innovation and Competition Act. Earlier this month, the U.S. House passed its own version of the bill, called the America COMPETES Act. In order for the bill to be sent to the President to sign into...

17 Feb 2022

I have been in H1B status, and my family has been in H-4 status, for the past five years. We have not traveled outside the U.S. in all that time, so the visa stamps in our passports have expired. If my wife travels abroad and I stay in the U.S., will she be able to get an H-4 visa, or do I need to get an H1B stamp first?

Answer Ordinarily, there is no need for the principal spouse to have a valid H1B visa "stamp" in order for a consulate to issue an H-4 visa to the dependent spouse or child. (17.Feb.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...