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E-2: How to Attain and Maintain Status

With the drastic increase in H1-B visa applicants in recent years and the fixed annual cap of 85,000 visas granted, skilled foreign nationals should consider alternative visas to enhance their chances of attaining legal status and an income in the United States. Foreign nationals with an entrepreneurial mindset should consider … Continue reading

BE ADVISED: D.O.S. MAY REVOKE THE NON-IMMIGRANT VISA OF A FOREIGN NATIONAL, PRESENT IN THE UNITED STATES, FOR D.U.I. ARRESTS

How is this legal? The United States Government has the authority, under the Immigration and Nationality Act, and the Regulations posted in the Foreign Affairs Manual, to revoke a foreign national’s nonimmigrant visa. INA § 212 lists, generally, the class of aliens ineligible to receive visas. Specifically, INA §212(a)(1)(A)(iii)(iv) provides … Continue reading

I-864, Affidavit of Support

I-864, Affidavit of Support: Federal Tax Returns; Other Supporting Documents; and Multiple Sponsors Form I-864, Affidavit of Support, is a contract between the Government and an Individual in which the Individual sponsors the immigrant who is coming to the United States. The purpose of this Affidavit is to “show that … Continue reading

EB2 NATIONAL INTEREST WAIVER: A MORE RIGOROUS STANDARD

       I.            Introduction This article discusses the various requirements of EB2 National Interest Waiver (NIW). An EB2 NIW allows foreign professionals with exceptional abilities holding an advanced degree, or its equivalent, along with other specifications, to work in the United States. Generally, a Labor Certification must be submitted … Continue reading