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Author: Jeff MacArthur

  • E-2 Visa: Substantial Investment Requirement Explained

    The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. To qualify for an E-2 visa, the treaty […]
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  • The H-1B Lottery Process Explained

    The H-1B program allows U.S. employers to sponsor foreign nationals for temporary employment in “specialty occupations.” Essentially, a “specialty occupation” is a role requiring at least a bachelor’s degree, or its equivalent, in a field related to the U.S. position. Since the establishment of the H-1B program in 1990, Congress has set an annual cap […]
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  • Streamlining Visa Processes: New Interview Waiver Categories Announced

    In a move aimed at enhancing efficiency and adapting to evolving needs, the Secretary of State, in consultation with the Department of Homeland Security, has identified specific categories for interview waivers deemed to be in the national interest. These changes, effective January 1, 2024, grant consular officers the authority and discretion to waive in-person interviews […]
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  • Concurrent Employment for NIV Status

    Concurrent employment allows a nonimmigrant visa holder to work for multiple employers simultaneously under the same visa category. Each employer must file a separate petition and receive the requisite approvals from the U.S. Citizenship and Immigration Services (USCIS). Essentially, an individual can work for more than one employer, but each employment relationship must be independently […]
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  • Why You Need an Immigration Lawyer for a NIW

    The National Interest Waiver (NIW) is a way for employment-based, second preference (EB-2) visa petitioners to avoid the PERM labor certification process. Unlike the PERM labor certification process, the NIW allows foreign nationals to self-petition for their EB-2 without being sponsored by a U.S. employer. The NIW process requires thoroughness and meticulous documentation. With the help of […]
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  • Updated “Ability to Pay” Requirement for Employment-Based Visas

    U.S. Citizenship and Immigration Services (USCIS) has recently issued updated policy guidance regarding the analysis of an employer’s ability to pay the proffered wage for immigrant petitions in certain employment-based visa classifications. This guidance, effective as of January 5, 2024, particularly addresses instances where a sponsored worker is changing employers under the American Competitiveness in […]
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  • Is the Immigration Debate Worsening US Doctor Shortage? Here’s How to Fix it!

    Senior Counsel Andrea Godfread-Brown discusses the US doctor shortage and ways to improve it. Throughout her career, Andrea has dedicated herself to mastering the intricacies of healthcare-related immigration. Her focus lies in providing critical legal representation for hospitals and medical practice groups. She adeptly navigates the complex processes involved in helping these clients hire foreign […]
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  • Inflation Adjustment to Premium Processing Fees

    U.S. Citizenship and Immigration Services (USCIS) has introduced a final rule detailing an adjustment in the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation. Under the USCIS Stabilization Act, the current premium processing fees were established, along with the authority for the Department of Homeland Security (DHS) to biennially adjust […]
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  • Get Your H-1B Visa Stamped Without Leaving the U.S.

    This is huge! You may soon be able to get your H-1B visa stamped without leaving the US. The stateside visa renewal option will initially be available for 20,000 temporary visa holders. The State Department also intends to extend interview waivers, further streamlining the process. State Department officials recently announced that a select number of […]
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  • USCIS Updates Guidance and Clarifies Policy on Family-Based Conditional Permanent Residence

    U.S. Citizenship and Immigration Services (USCIS) has recently updated its guidance on family-based conditional permanent residence. The update consolidates and updates guidance on eligibility, filing, and adjudication for Form I-751, Petition to Remove Conditions on Residence. Key Points of the Update Understanding Conditional Permanent Residence Under the Immigration Marriage Fraud Amendments of 1986, a noncitizen […]
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