Posted by Keshab R. Seadie | May 03, 2024 |
The 60-day grace period allows certain visa holders, including H-1B, L-1, O-1, E-3, and TN visa holders, to remain in the United States for up to 60 days following the end of their employment to either file for a transfer to a new employer or change their visa status.
Posted by Keshab R. Seadie | Apr 26, 2024 |
One of the key considerations for F-1 students seeking employment in the United States is the transition from OPT to H-1B status. The H-1B CAP gap rule allows eligible F-1 students with pending or approved H-1B petitions to remain in the U.S. during the gap between the end of their OPT and the start of their H-1B employment period, which typically begins on October 1st of the fiscal year for which the petition was filed.
Posted by Keshab R. Seadie | Mar 22, 2024 |
Cancellation of removal is a form of relief from deportation available to certain non-citizens and lawful permanent residents (LPRs) in the United States who are in removal (deportation) proceedings before an immigration judge. This legal provision allows individuals who meet specific criteria to avoid deportation and, in some cases, to obtain lawful permanent resident status. The requirements and process differ significantly between non-LPRs and LPRs.
Posted by Keshab R. Seadie | Feb 02, 2024 |
The Yates Memo, officially titled “Ability to Pay under Section 204.5(g)(2)” and issued by the U.S. Citizenship and Immigration Services (USCIS) on May 4, 2004, provides guidance on how to determine an employer's ability to pay the proffered wage from the priority date onwards in employment-based immigrant visa petitions, including those filed on Form I-140, Immigrant Petition for Alien Worker.
Posted by Keshab R. Seadie | Dec 15, 2023 |
The ability to pay in an I-140 petition, which is part of the U.S. immigration process, is a requirement that an employer must meet when sponsoring a foreign national for an employment-based permanent residency (also known as a green card). Essentially, the employer must demonstrate to the United States Citizenship and Immigration Services (USCIS) that they have the financial capacity to pay the offered salary to the foreign worker.
Posted by Keshab R. Seadie | Dec 08, 2023 |
Filing Form I-751, Petition to Remove Conditions on Residence, is a necessary step for individuals who were granted conditional resident status through marriage and want to convert it to permanent residency.
Posted by Keshab R. Seadie | Dec 01, 2023 |
An H-2B visa is a type of non-immigrant visa that allows U.S. employers to temporarily hire foreign workers for non-agricultural jobs when there is a shortage of qualified U.S. workers. The H-2B program is designed to address the seasonal or peak-load needs of businesses, such as those in hospitality, landscaping, construction, and other industries.
Posted by Keshab R. Seadie | Dec 01, 2023 |
Proving derivative citizenship in the United States typically involves providing evidence that you meet the legal requirements for acquiring citizenship through a parent or parents. The exact documentation required can vary depending on your individual circumstances, such as your age, whether your parents were citizens by birth or naturalization, and whether your parents were married. Here are general steps and types of documents that might be needed:
Posted by Keshab R. Seadie | Nov 24, 2023 |
Self-petitioning for a U.S. green card is a pathway available to certain categories of individuals who meet specific eligibility criteria.
Posted by Keshab R. Seadie | Nov 17, 2023 |
The I-601 waiver, formally known as the Application for Waiver of Grounds of Inadmissibility, is a form used in the United States immigration process. It allows individuals who are ineligible for a visa or green card due to certain grounds of inadmissibility to request a waiver (or forgiveness) of these grounds under specific circumstances.
Posted by Keshab R. Seadie | Sep 15, 2023 |
F-1 visa students who violate the terms of their visa by failing to comply with the Department of Homeland Security rules risk falling out of their visa status, losing benefits such as on-campus employment, and CPT and OPT opportunities.
Posted by Keshab R. Seadie | Aug 18, 2023 |
As the world becomes more connected, international students in the U.S. often wish to travel abroad, whether for leisure, family matters, or other reasons. If you are an F-1 student on post-completion OPT or STEM OPT, you may be wondering about the nuances of traveling while maintaining your status. Here, we delve into the key points you should consider before embarking on your journey.
Posted by Keshab R. Seadie | Jul 07, 2023 |
Under the Immigration and Nationality Act (INA) Section 212(d)(3), the non-immigrant visa waiver allows for the discretionary waiver of certain grounds of inadmissibility for non-immigrants (such as H-1B, L-1, B-1 or B-2 etc.) seeking entry into the United States.
Posted by Keshab R. Seadie | May 12, 2023 |
If you're an F-1 student looking for optional practical training (OPT), here are some tips to prevent processing delays with your Form I-765.