POLICY & ANALYSIS

Topic analysis

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

186 articlesNewest first
Family & children

A Guide to Marriage Green Card Interview Questions: Types of Questions That May Come Up

This guide outlines the types of information U.S. immigration authorities may examine in marriage green card applications and interviews, organized by questions for both spouses, the sponsoring spouse, and the green card applicant, including differences for applicants living inside or outside the United States. It covers personal information, residence and employment history, family relationships, immigration status, financial sponsorship, and legal records, and notes that answers across forms should be consistent.

Guide8 min read
Family & children

Three Mistakes to Avoid in Marriage Green Card Interviews: Documents, Question Preparation, and Answering Style

The article explains the role of the marriage green card interview and lists three mistakes applicants should avoid: not bringing the correct documents specified in the interview notice, not preparing for questions an officer may ask about the authenticity of the marriage, and giving long answers beyond what was asked. It notes that missing documents may delay the interview and that inconsistent answers during separate spousal interviews can raise suspicion, advising truthful and concise responses.

Guide3 min read
Work authorization & students

Five Preparation Tips for Applying for a B-1/B-2 Visitor Visa

This article presents five preparation tips for the B-1/B-2 visitor visa interview: showing ties to one's home country, providing sufficient proof of funds, preparing documents that explain the purpose of the trip, explaining relationships with people in the United States, and being mindful of information on one's phone. It notes that visa officers begin by presuming immigrant intent and that the visa allows stays of up to six months per visit.

Guide2 min read
General policy

Five Mistakes to Avoid in Immigration Interviews and Tips for Preparation

The article lists five mistakes to avoid in immigration interviews: guessing answers, being long-winded, failing to bring all required documents, lying, and being disrespectful to the immigration officer. It also advises thorough preparation, learning likely questions, and using an attorney or free online resources as needed.

Guide2 min read
Employment & work visas

Establishing and Losing a Priority Date in Employment-Based Immigration: Rules for EB-1, EB-2 and EB-3

This article explains that EB-1, EB-2, and EB-3 priority dates are established upon I-140 approval, and distinguishes priority date determination under the two scenarios of requiring PERM labor certification and exempting PERM; it also introduces priority date retention under regulations effective January 17, 2017, and circumstances where priority dates are lost due to fraud, willful misrepresentation, USCIS material error, or labor certification revocation.

Guide2 min read
Work authorization & students

Alternative Options for Those Not Selected in the H-1B Lottery

This article outlines possible options after not being selected in the H-1B lottery, including transferring to another F-1 program and applying for CPT, cap-exempt employers, other nonimmigrant statuses such as L-1, O-1, or J-1, remote work from abroad, and specific visa categories for citizens of Chile, Singapore, Australia, Canada, and Mexico, while noting relevant risks and tax considerations.

Guide3 min read
Employment & work visas

How to Determine the Normal Job Requirements for a PERM Position

This article explains how employers state minimum education and experience requirements in PERM labor certification, how the DOL uses O*NET SVP classifications to judge whether requirements exceed the normal level, illustrates the calculation with a software developer example, and describes the employer's duty to disclose and justify business necessity on ETA Form 9089 when requirements are above normal, along with possible audits.

Guide2 min read
Family & children

Marriage Fraud: Consequences of Fake Marriage for a Green Card and How USCIS Identifies It

This article explains that entering a sham marriage for immigration purposes can constitute a federal crime under U.S. law, outlines penalties for the immigrant and the U.S. spouse—including imprisonment, fines, deportation, and risks to citizenship—and describes how USCIS and related agencies review marriage authenticity and what evidence they may consider.

Guide5 min read
General policy

A Guide to the Rights and Risks of Protest Participation for Immigrants and International Students

This article explains how the First Amendment protects noncitizens' rights to free speech and peaceful assembly in the U.S., covering the right to remain silent, the right to counsel, and the right to refuse searches when stopped by immigration officers. It also warns that arrests or criminal charges at protests may affect visa status and immigration standing, and offers safety guidance for international students exercising these rights.

Guide3 min read
Work authorization & students

USCIS Issues Guidance on Legal Stay Options for Laid-Off H-1B Workers

USCIS has consolidated existing rules clarifying that laid-off H-1B workers may remain in legal status beyond the 60-day grace period by changing status, adjusting status, applying for an emergency EAD, or benefiting from a change of employer, and notes that those who fail to act may need to depart.

Guide3 min read
Employment & work visas

USCIS Updates Schedule A Group II Policy: Broadens the Definition of STEM 'Science or Art' Fields

USCIS issued a policy update on May 15, 2024, clarifying the 'sciences or arts' fields eligible for green cards through the Schedule A, Group II process, expanding it to fields in which universities commonly offer degrees, potentially qualifying more STEM professionals. The article explains that this process allows employers to file green card applications directly, bypassing PERM, and notes that the high standard of 'exceptional ability' and at least two of the seven evidentiary criteria must still be met.

Guide2 min read

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