Andrew, a real estate professional and Vice President of a large real estate firm headquartered in Asia, came to our office to discuss the possibility of filing for an EB-2 National Interest Waiver. To receive a national interest waiver, the applicant must demonstrate a high level of achievements and unique skills pertaining to their position to justify a waiver of the requirements of a job offer and labor certification filing.

The challenge in Andrew’s case was the absence of demonstrated achievements in the real estate business, and various non-disclosure agreements the client had signed restricting the documentation he could provide to demonstrate his exceptional ability in the industry, based on the high net worth projects he had worked on in the real estate industry. There were however other strengths that Andrew possessed that would qualify him for the national interest waiver. Andrew possessed a law degree from his home country, a master’s degree in taxation, a master’s degree in real estate from an ivy league university, and he was licensed to practice law in the United States. In addition to possessing these advanced degrees, two of which were received in the United States, Andrew’s career in the real estate sector spanned nearly 21 years.

The difficulty however remained in that Andrew did not have many documents to present to USCIS demonstrating his achievements as an entrepreneur and real estate investor, and the projects he was working on could not be disclosed based on the confidentiality agreements he had signed. Our experienced staff and attorneys decided that the best strategy in Andrew’s case was to highlight his education and vast experience in the industry having maintained high level positions in the industry, leading international real estate teams, heading overseas real estate and property management implementation strategies across various continents, and initiating/implementing domestic real estate acquisition projects totaling more than $4 billion in investment. We are happy to report that our strategy was successful and Andrew’s national interest waiver was recently approved. Here is how we did it.

Beginning April 1st New Delhi Will No Longer Process IR1/CR1 or IR2/CR2 visas

The U.S. Department of State announced via their website that the U.S. Embassy in New Delhi will no longer process IR1/CR1 visas for spouse of US Citizens or IR2/CR2 visas for unmarried minor children of US Citizens beginning April 1, 2018. Foreign nationals who are in the process of obtaining an IR1/CR1 visa or IR2/CR2 visa with an interview that has been scheduled on or after April 1, 2018, will have their interview at the U.S. Consulate General in Mumbai. We recommend that petitioners be on guard for any letters from the National Visa Center specifying the location of the intending immigrant’s interview, as well as details about how to prepare for the interview stage.

President’s DACA Deadline Passes


On March 5, 2018, the United States Citizenship and Immigration Services (USCIS) announced that Syrian nationals currently receiving benefits under Temporary Protected Status (TPS) may re-register between March 5, and May 4, 2018, to maintain their status under the program.

Re-registration instructions and information on how to renew employment authorization have been published on the USCIS website.

Applicants must re-register by submitting Form I-821 Application for Temporary Protected Status to maintain TPS benefits, and may submit a properly completed Form I-765 Application for Employment Authorization to renew employment authorization documents (EAD) at the same time. Alternatively, TPS applicants may file Form I-765 at a later date.

Those who are eligible to apply will receive new employment authorization documents with a September 30, 2019 expiration date. For individuals who have filed for TPS re-registration, USCIS will automatically be extending the validity of EADS that expire on March 31 for a period of 180 days, through September 27, giving USCIS enough time to process applications while at the same time allowing TPS beneficiaries to continue working without interruptions.

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Tis the season to file for one of the most popular visa types: The H-1B visa. Filings for cap-subject petitions will begin to be accepted by USCIS beginning April 2nd and the filing period will end on April 6, 2018. As many of you know, the odds of being selected in the H-1B visa lottery are slim, but even those who are selected in the visa lottery have to overcome yet another hurdle, the Request for Evidence. Since President Trump issued the executive order “Buy American, Hire American,” the United States Citizenship and Immigration Services (USCIS) began scrutinizing the adjudication of H-1B visa applications more closely.

Our attorneys witnessed this phenomenon first hand. The volume of requests for evidence increased significantly and USCIS began to be more demanding in the types of documentation requested to qualify for the program.

For this reason, we advise our clients and readers to be very careful this H-1B season and be mindful of the challenges they may face as they proceed with the H-1B visa process.

Common Types of RFE’s and how to avoid them:

  • Level One Wage: Executive Order “Buy American, Hire American” directs the Department of State to ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries. USCIS has increasingly issued RFEs in which the employer is paying the H-1B worker a level 1 wage. This has prompted USCIS to question why someone with a specialty occupation would be paid the level 1 wage, a wage that is typically reserved for entry-level positions and individuals who only have a basic understanding of the occupation. Thus, it would not be appropriate for someone who has an intermediate to advanced understanding of the occupation to be paid a level 1 wage. Situations in which a level 1 wage is inappropriate also include cases where the worker will take on a complex set of job duties.

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During December of last year, the United States Citizenship and Immigration Services (USCIS), announced that the agency was beginning to take preliminary steps to terminate H-4 Employment Authorization for certain H-4 spouses, a privilege that has been available to eligible spouses of H-1B nonimmigrant workers since 2015. As it stands, the 2015 H-4 EAD rule allows certain H-4 dependent spouses of H-1B nonimmigrant workers the ability to obtain an employment authorization card (work permit), provided the H-1B nonimmigrant worker is in the process of obtaining an employment based green card.

Proposal to Amend the 2015 H-4 EAD Rule

On December 14, 2017, a rulemaking notice was first published in the Federal Register notifying the public that the Department of Homeland Security, in conjunction with USCIS, would be reviewing and possibly amending the 2015 H-4 EAD rule, following the issuance of Executive Order 13788, “Buy American, Hire American.”

According to the notice published in the Federal Register, DHS reserves the authority to amend the 2015 H-4 EAD rule under section 102 of the Homeland Security Act of 2002 and section 103(a) of the Immigration and Nationality Act (INA). These sections of the law give the Secretary of the Department of Homeland Security the discretionary power to amend the law so that it aligns with the policies set out in the President’s executive order.

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During the last few days, the Supreme Court has been very busy taking up the issue of immigration. On Tuesday in a 5-3 decision, the Supreme Court handed down a controversial ruling strengthening the power of the Trump administration to detain undocumented immigrants facing deportation proceedings for extended periods of time. The Court rejected the opinion of federal judges in California who had previously ruled that detained immigrants facing removal proceedings have a right to a bail hearing after six months in jail.

Today, the Court emphatically disagreed, ruling in the case Jennings v. Rodriguez, that those who face deportation will remain detained while their cases are being considered by an immigration judge. Justice Samuel Alito speaking for the Court said that federal immigration law does not require bail hearings, and that the Ninth Circuit Court has no authority to allow for such hearings.

The Court handed down this ruling after immigrants’ rights activists brought a class action suit representing thousands of non-citizens who had been arrested and held for deportation. Many of these individuals sought asylum in the United States based on a credible fear of persecution. Although the majority of these individuals eventually went on to win their cases in immigration court, they were detained for a year or longer while their cases remained pending. The Ninth Circuit Court of Appeal had previously ruled that such individuals should have a right to a bail hearing after 6 months, and a right to be released from detention provided they could prove to the Court that they are not a danger to the community or a flight risk.

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Last week, the United States Senate began much-anticipated debates to reach a deal on immigration before the March 5th deadline imposed by the President. Debates in the Senate last week however were unavailing with both parties blaming one another for their inability to come up with a solution that would protect thousands of DACA recipients from deportation. To make matters worse the President issued a firestorm of tweets attacking leaders of the Democratic party and criticizing sanctuary cities that protect undocumented immigrants from deportation. Should Congress fail to enact legislation to shield Dreamers from deportation by March 5th, thousands of young undocumented immigrants brought to the United States as children will begin to lose their protection from deportation and the ability to work legally in the United States.

In the weeks ahead, Congress must also focus their efforts to pass a spending bill to permanently fund the government. Currently, the government is running on a short-term spending bill which expires midnight on March 23rd. Failure to pass a spending bill that permanently funds the government would mean yet another government shutdown. This urgent need to pass a spending bill may present an opportunity for Congress to finally reach a solution on top immigration priorities and seal the future of DACA recipients. Top immigration priorities for Republicans include building a wall between the United States and Mexico, beefing up the presence of border patrol agents and law enforcement, ending “Chain-Migration,” the diversity visa lottery program, while Democrats remain focused on creating a path to citizenship for Dreamers, and strongly oppose ending “Chain-Migration.” However, it would not be surprising if Congress fails to safeguard the status of DACA recipients given that members of Congress have on previous occasions failed to come up with a bipartisan solution.

Since October, approximately 122 young undocumented immigrants have had their DACA-permits expire on a daily basis, which is expected to add up to 22,000 immigrants by March 5th. Approximately 668,000 immigrants have been issued work permits under DACA that will not expire until March 5th or later.

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In an effort to modernize and streamline the application process, the United States Citizenship and Immigration Services (USCIS) has finally announced that it will begin to accept payment via credit card for all 41 fee-based forms. Previously, applicants were required to make filing fee payments by personal check or money order for most fee-based forms. Now applicants will be able to use their credit cards to pay their filing fees using Form G-1450 Authorization for Credit Card Transaction.Accepted credit cards include Visa, MasterCard, American Express and Discover cards.  Applicants for naturalization and those renewing or replacing their Green Cards can pay via credit card using the e-file system.

Applicants filing any of the following forms with a USCIS Lockbox facility may now utilize the credit card payment option. Please remember to include Form G-1450 along with your application when filing by mail:

*Most frequently used forms appear in bold.

For a complete list of filing fees please click here.

Form Number Form Name
EOIR-29 Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer
G-1041 Genealogy Index Search Request
G-1041A Genealogy Records Request
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
I-129F Petition for Alien Fiance(e)
I-130/A Petition for Alien Relative
I-131 Application for Travel Document
I-140 Immigrant Petition for Alien Worker
I-212 Application for Permission to Re-apply for Admission into the U.S. After Deportation or Removal
I-290B Notice of Appeal or Motion
I-360 Petition for Amerasian, Widow(er) or Special Immigrant
I-485 Application to Register Permanent Residence or Adjust Status
I-485 Supp A Supplement A to Form I-485, Adjustment of Status under Section 245(i)
I-526 Immigrant Petition by Alien Entrepreneur
I-539/A Application to Extend/Change Nonimmigrant Status
I-600 Petition to Classify Orphan as Immediate Relative
I-600A Application for Advance Processing of Orphan Petition
I-601 Application for Waiver of Grounds of Inadmissibility
I-601A Application for Provisional Unlawful Presence Waiver
I-690 Application for Waiver of Grounds of Inadmissibility
I-694 Notice of Appeal of Decision Under Sections 245A or 210 of the INA
I-698 Application to Adjust Status from Temporary to Permanent Resident (under Section 245A of the INA)
I-765 Application for Employment Authorization
I-800 Petition to Classify Adoptee as an Immediate Relative
I-800A Application for Determination of Suitability to Adopt a Child from a Convention County
I-817 Application for Family Unity Benefits
I-821 Application for Temporary Protected Status
I-824 Application for Action on an Approved Application or Petition
I-829 Petition By Entrepreneur to Remove Conditions on Permanent Resident Status
I-90 Application to Replace Permanent Resident Card
I-910 Application for Civil Surgeon Designation
I-941 Application for Entrepreneur Parole
N-300 Application to File Declaration of Intention
N-336 Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the INA
N-400 Application for Naturalization
N-470 Application to Preserve Residence for Naturalization Purposes
N-600 Application for Certificate of Citizenship
N-600K Application for Citizenship and Issuance of Certificate Under Section 322


Various news media outlets are reporting that the Supreme Court will hold a closed-door meeting today Friday, February 16, 2018 to decide whether the Supreme Court will hear a challenge to a lower court opinion which temporarily blocked the President’s move to end the Obama era program, Deferred Action for Childhood Arrivals, making it possible for DACA recipients to apply for a renewal of their DACA benefits.

The closed-door meeting was prompted after the Justice Department formally asked the Supreme Court to review a federal judge’s January ruling, blocking the administration’s effort to end the Deferred Action for Childhood Arrivals program. The Justice Department in making such a request is seeking to bypass lower court proceedings, asking the Supreme Court for direct review, instead of appealing the lower court’s decision before a federal appellate court.

According to a law professor from the University of Texas School of Law, the court has not granted certiorari before judgment since the year 2004, and has not done so without a circuit-level ruling since 1988.

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IMPORTANT UPDATE: On February 14, 2018 USCIS announced that due to federal court orders issued on January 9, 2018 and February 13, 2018, USCIS will resume accepting requests to renew a grant of deferred action under the DACA program. Please read our post below to determine whether you qualify for a renewal request. 

File Your DACA Renewal Request Immediately