Your Guide to Filing Form I-130 for a Family-Based Green Card in 2026 Feldman Feldman & Associates PC is based in San Diego and represents clients nationwide. Key Takeaways: Form I-130, officially called the Petition for Alien Relative, starts the family-based green card process. U.S. citizens, U.S. nationals, and lawful
Who Qualifies to File an EB-2 NIW Self-Petition? The Dhanasar three-prong test is the legal framework USCIS uses to decide whether an EB-2 National Interest Waiver (NIW) petitioner deserves a waiver of the usual job offer and labor certification requirements. Established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO
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
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
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
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
