POLICY & ANALYSIS
Application guides, policy context and the details behind immigration decisions.
Against the backdrop of a likely 2024 rematch between Biden and Trump, this article presents a lawyer's interpretation of how a Trump re-election could affect immigration and green card adjudication.
The article explains that Presidential Proclamation 10043, issued during the Trump administration, restricts the issuance of F-1 visas to students from the 'Seven Sons of National Defense' universities; however, applicants who are already in the United States and applying for a green card are generally not subject to this proclamation.
This article outlines the criteria and procedures for expediting USCIS cases and DOS immigrant visa interviews, including the March 2024 policy alert, financial and humanitarian grounds, and differences between NVC and consular processing.
USCIS announced on April 3, 2024, the restoration of 540-day automatic extensions for certain EAD categories. This article outlines the policy changes, lists eligible categories (including H-4 and pending adjustment of status), and explains the 180-day continued work authorization for STEM OPT extensions with legal citations and practical guidance.
USCIS has released a new version of Form N-400, adding an 'Another Gender Identity (X)' option to the gender field for the first time. This article covers the policy background, applicable forms, document printing rules, and links to executive orders, noting the change does not alter eligibility for benefits.
Based on a 2009 Foreign Labor Certification Data Center policy guidance, this article explains the definitions, duty characteristics, and indicators for each of the four H-1B prevailing wage levels: entry, qualified, experienced, and fully competent, including job title keywords as reference indicators.
Based on U.S. Department of Labor rules, this article explains that H-1B employers must pay the higher of the prevailing wage or actual wage, covering the definitions of both, factors affecting the prevailing wage, permissible and impermissible wage differentials, and how to obtain prevailing wage determinations through the NPWC or the Online Wage Library, with a step-by-step lookup example.
This article, adapted from American Immigration Council materials, outlines the basic framework of the U.S. legal immigration system, covering family-based, employment-based, refugee and asylum, diversity visa, and naturalization pathways, along with annual quotas and allocation mechanisms for each category.
This article explains the residency and eligibility requirements for naturalization after five years as a permanent resident, or three years for spouses of U.S. citizens, describes exceptions to continuous residence, and outlines the nine-step naturalization process based on U.S. Citizenship and Immigration Services procedures.
This illustrated guide walks F-1 students through completing Form I-765 online for OPT employment authorization, covering the three OPT categories, required documents, field-by-field instructions, and review and payment steps before submission.
A reader asks whether to check the Texas Service Center or the local office for an I-485 filed in Dallas. Citing Los Angeles immigration attorney Anish Vashistha, the article explains service center codes, checking the office that receives a transferred case, and using the local field office for interviews in N-400 and I-485 cases, including guidance for family and employment-based filings.
This article explains how to obtain an English translation and notarization of a birth certificate for a green card application, covering the four-page notarial certificate, the application process, fees, why the medical birth certificate is not acceptable, and the U.S. Department of State's requirements for notarial birth certificates.
