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  • Why TN Visa Holders Can’t Be Self-Employed by the Sponsoring Employer

    Today, we’re diving into an important topic for those looking to work in the U.S. under the TN visa category: why self-employment is a no-go. If you’re researching the complexities of immigration law or just curious about your options, you’re in the right place. First off, let’s understand what the TN visa category is all […]
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  • Valid Passport or Travel Document Requirement for FY2025 H-1B Registrations

    On February 2, 2024, the Department of Homeland Security (DHS) published a final rule to improve the H-1B registration selection process and program integrity. This final rule aims to streamline the process while enhancing accountability and ensuring the accuracy of beneficiary information. One of the most notable changes is the shift towards a beneficiary-centric approach, […]
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  • Breakdown of the E-1 Treaty Trader visa application process for a national of Canada

    The E-1 visa classification, often referred to as the Treaty Trader visa, is designed for individuals from “treaty countries,” such as Canada, and its primary purpose is to facilitate international trade by allowing business owners and/or their employees to work and live in the U.S. while engaged in substantial and principal trade with the U.S. […]
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  • Self-Employment in the U.S. Immigration System

    Someone who is self-employed is defined as someone who works for oneself as a freelancer (also known as an independent contractor) or the owner of a business rather than for an employer. There are multiple ways you can work for yourself in the United States as a nonimmigrant. To do so, you must first obtain […]
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  • New Asylum Program Fee

    Last month, USCIS announced a final rule, which adjusts certain immigration and naturalization benefit request fees for the first time since 2016. This final rule goes into effect on April 1, 2024. Included in this final rule is a new Asylum Program Fee of $600 that employers will have to pay if they file either […]
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  • H-1B Visa: Why the cap? A look into congressional history

    The H-1B visa program, established by the Immigration Act of 1990, has undergone several modifications since its inception. The cap on H-1B visas—set at 65,000, with an additional 20,000 for those holding a U.S. master’s degree or higher—has been a subject of considerable debate and legislation, reflecting a balance between competing interests of protecting domestic […]
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  • Understanding the E-2 Visa Nationality Requirement

    The E-2 visa category offers a unique pathway for nationals of treaty countries to invest in the United States, fostering economic growth and creating employment opportunities. This nonimmigrant classification not only allows the primary investor to reside in the U.S. but also permits certain employees of the investor or the qualifying organization to obtain this […]
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  • USCIS Guidance Provides Clarity for F and M Student Visa Holders

    U.S. Citizenship and Immigration Services (USCIS) has recently issued comprehensive policy guidance concerning F and M student nonimmigrant classifications, aiming to provide clarity on various aspects of student visas. It covers topics such as employment authorization, change of status, extension of stay, and reinstatement of status for F and M students and their dependents. This […]
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  • Navigating the H-1B Visa Process: What is a Specialty Occupation?

    In the realm of U.S. immigration law, the H-1B visa stands out as a beacon of opportunity for foreign nationals seeking temporary employment in specialty occupations within the United States. This visa category is instrumental for U.S. employers who are looking to sponsor highly skilled professionals in fields that demand a robust application of specialized […]
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  • EB-2 National Interest Waiver Policy for STEM Graduates

    Since 1990, the Immigration and Nationality Act (INA) has provided that certain individuals eligible under the Employment-based, second preference (EB-2) immigrant visa classification may obtain a waiver of the job offer requirement if the U.S. Citizenship and Immigration Services (USCIS) deems such waiver to be in the “national interest.” This waiver provision applies only to […]
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