Immigration news and expert analysis

EB-1A or EB-1B: Two Paths Within the Same Category

EB-1A and EB-1B both sit under the "priority workers" umbrella of the first employment-based preference category. They share advantages — no PERM labor certification, premium processing availability, and historically faster movement than other EB categories. But they serve very different applicants,

H-4 Spouse Employment Authorization: Eligibility, Evidence Requirements, and Filing Guide

Certain H-4 dependent spouses of H-1B workers qualify for employment authorization — but only when the H-1B principal has crossed a specific threshold in the permanent residence process. The EAD application itself has strict evidence requirements, and filing it incorrectly alongside other forms is a

Immigrant Pathways for Entrepreneurs: EB-1A, EB-2 NIW, and EB-5

Immigrant pathways provide entrepreneurs with the opportunity to work in the United States on a permanent basis — obtaining lawful permanent resident status (a green card) that can eventually lead to US citizenship. Three pathways are particularly suited to entrepreneurial profiles: EB-1A for those

USCIS Organizational Accounts: The Complete Setup and FAQ Guide

Since February 28, 2024, all H-1B petitioning employers must use a USCIS organizational account to participate in the H-1B electronic registration process and file Form I-129 online. The system introduced a structured collaboration framework — Company Groups and Legal Teams — that allows HR personne

Why Future Intent Letters Matter So Much in EB-1A Cases

One of the most common misconceptions about EB-1A: because it's a self-petition category that doesn't require a job offer or labor certification, applicants assume they don't need to address future U.S. plans. That assumption is incorrect — and it's the cause of more EB-1A RFEs than many applicants

Unlocking the O-1 Visa: A Guide for Extraordinary Global Talent

Often called the "genius visa," the O-1 is one of the most misunderstood — and underused — pathways in U.S. immigration law. Many professionals who qualify never apply because they assume it is reserved for Nobel laureates and Olympic athletes. In practice, approved O-1 holders include startup found

Questions and Answers: Affirmative Asylum Eligibility and Applications

This resource addresses commonly asked questions about who may apply for asylum through the affirmative asylum process with USCIS, including the one-year filing deadline and its exceptions, application procedures, family benefits, fingerprinting and security checks, the asylum officer decision proce

How Does USCIS Weigh Discretion in Deciding Adjustment of Status Applications?

Most adjustment of status applicants may only be granted LPR status in the discretion of USCIS. Even if an applicant meets all statutory and regulatory eligibility requirements, USCIS approves the application only if the applicant warrants a favorable exercise of discretion. This article covers the

When Does Unlawful Presence Trigger the 3-Year or 10-Year Bar to Admission?

An alien who accrues the requisite period of unlawful presence is inadmissible under INA 212(a)(9)(B) if the alien again seeks admission within the statutory 3-year or 10-year period after departure or removal. This article covers when the bars apply, the effect of returning to the US during the sta

The L-1A Visa: Intracompany Transferee in an Executive or Managerial Capacity

The L-1A enables multinational companies to transfer their executives and managers from foreign offices to US offices — or to send them to the US specifically to establish a new office. It requires no labor market test, no prevailing wage obligation, and no annual lottery. For qualifying multination