POLICY & ANALYSIS

Topic analysis

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

186 articlesNewest first

Work authorization & students2024-01-30

USCIS Announces Final H-1B Registration Rule: Selection by Beneficiary and Adjusted Registration Requirements

On January 30, 2024, USCIS announced a final H-1B registration rule that selects by unique beneficiary rather than by registration, requires valid passport or travel document information, and sets the FY2025 initial registration period from March 6 to March 22, 2024. It also introduces organizational accounts and online filing for Forms I-129 and I-907, with the registration fee remaining $10.

Guide4 min read

Green cards & adjustment2024-01-29

Leaving the U.S. After Filing I-485 Requires AP or Combo Card: Conditions and Exceptions

The article explains Advance Parole and Combo cards and how they differ from a Re-entry Permit, noting that leaving the U.S. without AP while I-485 is pending generally abandons the application, with exceptions for H-1B, L-1A/B, and K-3/K-4. It also covers the status consequences of entering on AP and how to re-enter if I-485 is approved while abroad.

Guide5 min read

Work authorization & students2024-01-19

How to Apply for a Chinese Travel Document for Children Born in the United States

This article explains the process for applying for a Chinese Travel Document for children born in the United States to Chinese parents, covering the differences between a travel document, passport, and visa, application via the 'China Consular' app, mailing requirements, and household registration upon return to China.

Guide4 min read

Employment & work visas2024-01-16

Can a Family-Owned Company Sponsor a Relative's Employment-Based Green Card? PERM Requirements for Genuine Jobs and Fair Recruitment

A reader asks whether OPT work at a parent's company is allowed and whether that company can sponsor an employment-based green card. The article says it is possible, but the PERM labor certification must show a genuine job opening, the applicant's qualifications, and a fair recruitment process; family relationships must be disclosed on ETA-9089, and the article lists Labor Department review factors and risks of denial and sanctions.

Guide3 min read

Green cards & adjustment2024-01-10

Understanding I-601A Extreme Hardship and I-601 Waiver Requirements

This article explains the eligibility, extreme hardship standard, evidence preparation, fees, and processing times for I-601A and I-601 inadmissibility waivers, including qualifying relatives and how a child's hardship may be considered.

Guide8 min read

Family & children2024-01-10

Can You Apply for a Marriage Green Card After I-94 Expiration or Overstay?

This article explains whether a marriage green card is possible after an I-94 expires or a visa overstay occurs: spouses of U.S. citizens who entered lawfully may generally adjust status in the U.S., while green card holders' spouses do not qualify; it also covers 3/10-year bans, visa fraud risk, K-1 limits, and consular processing with waivers.

Guide4 min read

Work authorization & students2024-01-10

H-1B Amendment Explained: Maintaining Status When Work Conditions Change Materially

This article explains when an H-1B amendment is required, including material changes in worksite location across metropolitan statistical areas, job duties, or wages. It outlines situations that do not require an amendment, the filing steps, fees and processing times, and possible consequences of failing to update USCIS.

Guide8 min read

Family & children2024-01-08

Guide to CR-1 and IR-1 Citizen Spouse Immigrant Visas: Requirements, Fees, and Process

This article explains CR-1 and IR-1 immigrant visas for foreign spouses of U.S. citizens, covering visa and green card differences based on marriage duration, eligibility requirements, fees, processing steps, and common questions on same-sex marriage, financial sponsorship, interviews, and naturalization.

Guide5 min read

Fees, forms & filing2024-01-04

Can Applicants Translate Their Own Documents for USCIS?

Citing 8 CFR 103.2(b)(3), this article explains USCIS's two translation requirements, presents the State Department's suggested translator certification format, and discusses the credibility and RFE risks of self-translation with self-certification, recommending certification by someone without a conflict of interest.

Guide3 min read

Work authorization & students2023-12-16

What the D/S Notation Means for J/F Visa Holders Entering the United States

This article explains the D/S annotation that may appear in the passport upon entry for J-1 exchange scholars and F-1 student visa holders, clarifying that it means continued stay as long as status remains valid, with no fixed expiration date. It notes that the CBP I-94 record may show 'admit until unknown'; also explains that since 2013, no paper I-94 card is issued for arrivals by commercial aircraft or vessel, and that D/S does not apply to B1/B2 visa extensions.

Guide2 min read

Humanitarian programs2023-12-16

Can You Still File for Asylum After the One-Year Deadline?

This article explains how the one-year deadline for U.S. asylum applications is calculated, distinguishing affirmative and defensive applications. It also covers how to prove eligibility after the deadline through changed circumstances or extraordinary circumstances exceptions, and the requirement to file within a reasonable time.

Guide4 min read

Fees, forms & filing2023-12-15

Process and Template for Certified English Translation of Chinese Marriage Certificates

This article explains how to self-translate a Chinese marriage certificate and obtain translator certification to meet USCIS requirements for English translations. It covers layout, scanning, and signing steps, and includes the translation template the author used years ago for an I-485 submission, along with the State Department's suggested translator certification format.

Guide9 min read

Topic analysis

USCIS Announces Final H-1B Registration Rule: Selection by Beneficiary and Adjusted Registration Requirements

Leaving the U.S. After Filing I-485 Requires AP or Combo Card: Conditions and Exceptions

How to Apply for a Chinese Travel Document for Children Born in the United States

Can a Family-Owned Company Sponsor a Relative's Employment-Based Green Card? PERM Requirements for Genuine Jobs and Fair Recruitment

Understanding I-601A Extreme Hardship and I-601 Waiver Requirements

Can You Apply for a Marriage Green Card After I-94 Expiration or Overstay?

H-1B Amendment Explained: Maintaining Status When Work Conditions Change Materially

Guide to CR-1 and IR-1 Citizen Spouse Immigrant Visas: Requirements, Fees, and Process

Can Applicants Translate Their Own Documents for USCIS?

What the D/S Notation Means for J/F Visa Holders Entering the United States

Can You Still File for Asylum After the One-Year Deadline?

Process and Template for Certified English Translation of Chinese Marriage Certificates

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