What Is the E-2 Visa Proportionality Test for Investments?
Understanding the E-2 Visa Proportionality Test for Business Investments Key Takeaways: The E-2 visa proportionality test measures whether your investment is substantial relative to the total cost of the business, not against a fixed dollar amount. USCIS uses an inverted sliding scale where lower-cost businesses require a higher percentage of investment. There is no minimum […]
Can STEM Professionals Self-Petition for an EB-2 NIW in 2026?
Yes, STEM Professionals Can Self-Petition for a Green Card Through the EB-2 NIW Key Takeaways: Yes, STEM professionals can self-petition for a green card through the EB-2 National Interest Waiver in 2026 without an employer sponsor or labor certification. To qualify, applicants must meet EB-2 eligibility by holding an advanced degree or its equivalent (bachelor’s […]
What Is the Correct USCIS Lockbox Address for H-1B Petitions?
Key Takeaways: All Form I-129 petitions for H-1B workers must be mailed to a USCIS lockbox facility, not a service center. The correct lockbox depends on your company’s primary U.S. office location, not where the H-1B worker will be employed. Filing to the wrong address can result in rejection or significant processing delays. USCIS periodically […]
Can H-1B Workers Start a New Job Before USCIS Approves the Transfer?
Can You Start Working for a New H-1B Employer Before USCIS Makes a Decision? Key Takeaways: Yes, under H-1B portability rules at 8 CFR 214.2(h)(2)(i)(H), eligible H-1B workers may begin employment with a new employer once a non-frivolous petition is filed with USCIS, or on the requested start date, whichever is later. This right stems […]
What Is Consular Processing for a Marriage Green Card in 2026?
Understanding Consular Processing for a Marriage Green Card in 2026 Key Takeaways: Consular processing is the pathway to a marriage-based green card for spouses living outside the United States, requiring an interview at a U.S. embassy or consulate abroad. The process begins when a U.S. citizen spouse files Form I-130 with USCIS, then moves through […]
What Is the I-864 Affidavit of Support for a Marriage Green Card?
Key Takeaways: The I-864 Affidavit of Support is a legally binding contract required for most marriage-based green cards, where the sponsoring spouse pledges financial responsibility for the immigrant. Sponsors must demonstrate household income at or above 125% of the federal poverty level. If a sponsor’s income falls short, household members can contribute by filing Form […]
What Is the Two-Step Review USCIS Uses for Einstein Visa Cases?
How USCIS Evaluates Einstein Visa Petitions Using a Two-Step Framework Key Takeaways: USCIS uses a two-step analysis from the Kazarian v. USCIS decision to evaluate every EB-1A extraordinary ability petition. Step 1 verifies whether evidence meets at least three of ten regulatory criteria. Step 2 assesses whether the individual truly stands among the small percentage […]
What Is Adjustment of Status and How Does a Lawyer Help?
Understanding Adjustment of Status and Why a Green Card Lawyer Matters Adjustment of status is the process to apply for lawful permanent resident status (a Green Card) while physically present in the United States, rather than returning to your home country for visa processing abroad. For many immigrants pursuing permanent residence through family relationships, employment, […]
What Is the H-1B 60-Day Grace Period After Job Loss?
Understanding the H-1B 60-Day Grace Period After Losing Your Job Losing your job while on an H-1B visa can feel overwhelming, but federal regulations provide a critical safety net. Under 8 CFR § 214.1(l)(2), H-1B workers receive a maximum 60-day grace period after employment ends to find a new employer, change immigration status, or depart […]
How to Meet the In-Person Requirement for a K-1 Visa Filing
If you are a U.S. citizen planning to bring your fiancé(e) to the United States on a K-1 visa, one requirement trips up more petitioners than almost any other: proving that you met your fiancé(e) face-to-face within two years before filing your petition. This requirement is not optional, and failing to document it properly can […]
