POLICY & ANALYSIS

Topic analysis

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

186 articlesNewest first
Work authorization & students

How to Persuade a New Employer to File an H-1B Transfer: An IT Engineer's Account

Based on an H-1B-holding IT engineer's shared experience, this account describes how he confirmed whether a new employer would need to go through the lottery, explained the H-1B transfer process, documents and fees to the new employer, and covers the LCA and I-129 filing sequence, the 60-day grace period, premium processing and the risk of denial. It is for reference only and is not legal advice.

Guide5 min read
Work authorization & students

Is It Legal to Work Remotely for a Foreign Company While in the U.S. on a B1/B2 Visa?

The article explains that B1/B2 visa holders may not work while in the United States, including remote work for a foreign employer or self-employment generating income, and notes the same restriction applies to other visa types such as J, F and M without work authorization. It also clarifies that a USCIS statement about searching for and interviewing for jobs in B1/B2 status does not mean work is permitted.

Guide2 min read
Employment & work visas

Explaining the Different Emphases of EB-1A and NIW Applications Through a Case Example

Using the case of a Harvard MD resident responding to a Notice of Intent to Deny, the article explains that EB-1A focuses on achievements already attained while NIW focuses on proposed future work and its national importance, and addresses how to handle unpublished work and a change of research direction in each type of petition.

Perspective4 min read
Green cards & adjustment

Understanding the U.S. Green Card: Why the Date of Birth Appears Five Times

Using the 2023 version as an example, this article explains the information on a U.S. green card, focusing on why the date of birth appears five times and why date formats mix day/month/year and month/day/year. It also covers name, place of birth, A-number, class code, gender options, resident since date, and back-side codes.

Guide12 min read
Citizenship & naturalization

The Difference Between U.S. 'Citizens' and 'Nationals': Legal Definitions, Applicable Groups, and Rights Differences

Based on U.S. Department of State explanations and provisions of the Immigration and Nationality Act, this article explains the legal definition of U.S. 'non-citizen nationals,' the main applicable groups (such as those born in American Samoa and Swains Island), how their passports are annotated, and compares the differences between nationals and citizens regarding voting rights, family-based immigration petitions, and federal employment opportunities.

Guide6 min read
Green cards & adjustment

Biden Administration Proposes Parole-in-Place Program to Help Mixed-Status Families Apply for Green Cards Domestically

This article explains the parole-in-place program announced by President Biden on June 18, 2024, which would allow certain undocumented spouses of U.S. citizens to apply for green cards without leaving the country, potentially benefiting about 550,000 people. It covers the background, legal basis, eligibility criteria, and scope of beneficiaries, noting that applications are not yet open and forms and fees are not yet announced.

Guide4 min read
Employment & work visas

A Guide to Self-Petitioning for EB-2 NIW: Fees, Processing Times, and Evidence Requirements

This guide explains how to self-petition for an EB-2 National Interest Waiver (NIW): I-140 and green card fees, adjustment of status versus consular processing and their processing times, the three NIW eligibility criteria and the factors USCIS considers, evidence checklists for the advanced degree and exceptional ability categories, and answers to common questions.

Guide8 min read
Family & children

2024 Marriage Green Card: 10 Common Questions Answered by Immigration Attorneys

Two immigration attorneys discuss common questions about marriage green cards, covering differences between U.S. citizens and green card holders petitioning for spouses, the two-step I-130 and adjustment/consular processing, processing times and interview waivers, keys to success and biggest challenges, ways overseas couples prove a bona fide marriage, possible denial reasons, interview questions, and financial sponsor requirements.

Guide4 min read
Green cards & adjustment

Pathways to Legal Status and Green Cards for Undocumented Immigrants

This article outlines possible pathways for undocumented immigrants to obtain legal status or green cards, including marriage-based green cards, asylum, U visas, LIFE Act 245(i) protection, registry, and cancellation of removal, explaining the conditions and limits of each.

Guide8 min read

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