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H-1B CAP Gap Rule: Navigating the Transition

Posted by Keshab R. Seadie | Apr 26, 2024 | 0 Comments

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.

Securing a Second Chance: Navigating the Path to Cancellation of Removal

Posted by Keshab R. Seadie | Mar 22, 2024 | 0 Comments

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.

Overcoming Financial Hurdles: Demonstrating Ability to Pay in I-140 Petitions Despite Limited Funds

Posted by Keshab R. Seadie | Feb 02, 2024 | 0 Comments

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.

Understanding the Ability to Pay Requirement in I-140 Immigrant Visa Petitions

Posted by Keshab R. Seadie | Dec 15, 2023 | 0 Comments

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.

What is an H-2B Visa?

Posted by Keshab R. Seadie | Dec 01, 2023 | 0 Comments

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.

Derivative Citizenship

Posted by Keshab R. Seadie | Dec 01, 2023 | 0 Comments

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:

What is a Waiver and How and When to apply for it?

Posted by Keshab R. Seadie | Nov 17, 2023 | 0 Comments

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.

Traveling While on OPT or STEM OPT: A Comprehensive Guide

Posted by Keshab R. Seadie | Aug 18, 2023 | 0 Comments

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.  

How to obtain a Non-Immigrant Visa Waiver

Posted by Keshab R. Seadie | Jul 07, 2023 | 0 Comments

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. 

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