The Invisible Wall Is Already Up and Running!

(Originally published at Lextalk) While President Trump’s rhetoric on stopping illegal immigration and his administration’s discontinuation of the DACA program and Temporary Protective Status for various Central American countries has dominated discussions of immigration law, a little-known fact is that this administration has been slowing, and in some cases, stopping even the legal immigration pathway in…

R-1 Visa

The R-1 visa is for an individual coming temporarily to the U.S. at the request of an organization to work as a minister or to work in a religious vocation or occupation. A minister is an individual who is fully authorized and trained to conduct religious worship according to the particular religious denomination. A religious…

L-1 Visa

The L visa applies to intracompany transferees who, within the three preceding years, have been employed outside of the U.S. continuously for at least one year in a managerial, executive, or specialized knowledge capacity, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a…

K-3 Visa

The K-3 visa applies to an individual who is already married to a U.S. citizen. It allows the applicant to enter the U.S. to join his or her U.S. citizen spouse and wait in the U.S. to complete the lawful permanent residence process. To qualify for a K-3 visa, the applicant must (1) be legally…

K-1 Visa

The K-1 visa is known as the “fiancé” visa. It applies to an individual who is engaged to a U.S. citizen, and who wishes to enter the U.S. to marry the U.S. citizen and apply for lawful permanent residence. To qualify for a K-1 visa, the applicant must (1) have plans to marry his or…

H-1B Visa

The H-1B applies to job candidates in a “specialty occupation.” USCIS considers specialty occupations to be those requiring the theoretical and practical application of a body of highly specialized knowledge. Typically this will entail completion of a specific course of higher education. For certain individuals with specialized skills and considerable work experience, equivalency evaluations can…

F-1 Visa

The F-1 visa allows an individual to come to the U.S. in order to attend an academic program as a full-time student. A student is issued Form I-20 by the sponsoring school, and applies for the F-1 visa at a U.S. consulate or embassy abroad. It is also possible to change to F-1 status from another…

E-2 Visa

About E-2 Visas The E-2 treaty investor visa allows a person to enter the U.S. for the purpose of furthering a substantial investment in a U.S. enterprise made by individuals or businesses that are citizens of a treaty country. E-2 treaty investor countries include: Albania, Argentina, Armenia, Australia, Austria, Azerbajian, Bahrain, Bangladesh, Belgium, Bolivia, Bulgaria,…

EB-3 Other (unskilled worker) Category Immigration Program is Necessary for Some Employers and is a Long Standing, Valid Program

(Originally published at Lextak.com) Recently, a few immigration attorneys who predominantly focus their practices on EB-5 have published articles denigrating the usage of EB-3 Other (EW), the unskilled worker category, for immigration. This was precipitated after so many migration agents in Asia promoted this program to people who cannot afford the EB-5 program, because the visa…

Role of the Migration Agency vs. Third-party Recruiter

By Jinhee Wilde, Esq. (originally published at Lextalk.com) There has been an alarming trend, first by the consular officers in Asia and now through Department of Homeland Security/USCIS (USCIS) to suspect and deny cases merely because the foreign worker applicant has engaged the services of a migration agent involved in the Employment-based immigration process. Historically, many…