POLICY & ANALYSIS

Topic analysis

Application guides, policy context and the details behind immigration decisions.

186 articlesNewest first
Work authorization & students

Is There a 60-Day Grace Period After OPT Unemployment Days Are Exhausted?

This article addresses whether a 60-day grace period remains after OPT unemployment days are exhausted. Regular OPT allows 90 days of unemployment, and STEM OPT allows 150 days. If unemployment exceeds the limit, DHS considers the OPT status violated, and no grace period is available. It cites official explanations from Stanford University and William & Mary and suggests applying for a change of status to B2.

Guide2 min read
Green cards & adjustment

Can I Travel Internationally While My Advance Parole Is Pending?

This article addresses the consequences of international travel while a travel document (Advance Parole or Re-Entry Permit) is pending. Departing before AP approval generally abandons the application unless a valid AP is held; Re-Entry Permit can designate an overseas consulate, but changing the delivery address after filing is difficult.

Guide3 min read
Work authorization & students

EAD Categories and Codes: L-2 Spouses May Work Without an EAD

This article explains what a U.S. Employment Authorization Document (EAD) is and who needs one, notes that under USCIS's November 2021 policy and its March 18, 2022 announcement L-2 dependents may work using an I-94 showing the L-2S class without a separate EAD, and lists USCIS EAD categories and codes with whether each qualifies for a 180-day automatic extension.

Guide4 min read
Work authorization & students

Pending Work Visa Extension: Up to 240 Days of Continued Work After I-94 Expiration

This article addresses status and work questions for a pending L-1 extension when the I-94 is about to expire: with a timely filed extension, work may continue for up to 240 days after the I-94 expires, and the person may remain in the U.S. awaiting a decision; it also notes that switching back to L-1 status is complex and should be discussed with company legal counsel or an attorney.

Guide2 min read
General policy

Fact Check: Claims That Trump Ordered Deportation of All Foreigners and Visa Sanctions Are False

This article fact-checks claims circulating in Chinese-language media around February 2022 that Trump ordered the expulsion of all foreigners and threatened visa sanctions against countries refusing to accept their citizens. It finds the claims are based on a misreading: the actual memorandum targets the repatriation of foreign nationals who violate U.S. law, and allows visa sanctions against countries that refuse or unreasonably delay accepting them; those lawfully present in the U.S. are not affected.

Perspective8 min read
Employment & work visas

How to Find Peer Review Opportunities and Recommenders for an EB-1A Green Card Application

This article explains ways to obtain peer review opportunities for an EB-1A application, including asking acquaintances for referrals and contacting journal editors directly, and notes the importance of promptly confirming invitations, completing reviews on time, and writing careful comments. It also explains how to find independent recommenders among scholars who have cited one's papers, along with email templates for contacting recommenders and points to note when drafting recommendation letters.

Guide10 min read
Citizenship & naturalization

The Process of Renouncing U.S. Nationality and the Name-Publication Mechanism: The Case of Chen Feiyu

Using Chen Feiyu's acquisition of Chinese nationality as an example, this article outlines China's non-recognition of dual nationality and the procedures for naturalization, noting that renouncing a foreign nationality is not a prerequisite. It explains that renouncing U.S. nationality abroad requires meeting a consular officer in person, taking an oath, and paying a $2,350 fee, and describes the 1996 law requiring quarterly publication in the Federal Register of the names of individuals who renounce U.S. citizenship, along with differing interpretations of the relevant provision.

Guide8 min read
General policy

Do Unemployment Insurance and Pandemic Unemployment Assistance Count Toward the Public Charge Determination?

Citing the USCIS Policy Manual, this article explains that unemployment insurance is an earned benefit not considered in the public charge inadmissibility determination. It also references the National Law Review's explanation of the CARES Act's Pandemic Unemployment Assistance and related programs, noting that such unemployment benefits do not factor into the public charge determination.

Guide4 min read
Family & children

Which Immigrant Applicants Must File Form I-864, Affidavit of Support?

Based on the official instructions for Form I-864, this article explains that family-based immigrants and immediate relatives of U.S. citizens generally must file the affidavit of support, while employment-based immigrants need to file only when the employer is a relative or a company in which a relative holds more than 5 percent. It also lists exceptions and addresses whether derivative applicants in an employment-based case must file Form I-864.

Guide2 min read
Work authorization & students

Experience and Tips for Renewing an H-1B Visa in Canada

The author shares a complete account of renewing an H-1B visa in Vancouver, Canada, covering the Canadian tourist visa application, DS-160, appointment booking, document preparation, interview, and passport pickup, while noting the risk of administrative processing and details of the appointment system.

Guide6 min read
Work authorization & students

Can J-1 Visa Holders Apply for a Social Security Number (SSN)?

This article examines whether J-1 visa holders can apply for an SSN, distinguishing paid employees from students. It cites the University of Chicago international office's guidance that J-1 scholars in certain categories may apply while J-1 students are not automatically eligible, and addresses a reader's confusion over differing practices across states and schools.

Guide3 min read

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