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Articles Posted in National Interest Waiver

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Success Story: Challenging EB-2 National Interest Waiver for Real Estate Professional

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…

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Information for LPRs regarding the President’s Executive Order & Consequences of Signing Form I-407 Abandonment of LPR Status

In today’s post, we will discuss how green card holders may be affected by President Trump’s Executive Order imposing a temporary travel ban on foreign nationals of seven Muslim-majority countries (Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen), including green card holders as well as non-immigrants. Since the release of…

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USCIS Adopts NEW National Interest Waiver Eligibility Standard in Matter of Dhanasar

On December 27, 2016 in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) the USCIS Administrative Appeals Office (AAO) handed down a groundbreaking decision which has changed the analytical framework for determining eligibility of national interest waivers. This new decision will affect foreign nationals who are pursuing a green…

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June 2016 Visa Bulletin: EB-2 and EB-3 Retrogressions India and China

The U.S. Department of State (DOS) recently released the June Visa Bulletin. The Chief of Visa Control and Reporting Division, Charles Oppenheim has provided new insights and developments pertaining to the June 2016 Visa Bulletin. Cutoff dates listed below form part of the final action (FA) chart of the Visa…

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USCIS to Increase Immigration Filing Fees for Employers and Foreign Nationals

On May 04, 2016 the Department of Homeland Security published a proposed rule in the Federal Register, announcing that filing fees for many USCIS petitions and applications are expected to increase for U.S. employers and foreign nationals. The proposed regulation stipulates that filing fees may be adjusted for certain immigration…

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UPDATE: Imminent Government Shutdown and Potential Impact on LCA and PERM Applications

On Monday the Senate will be voting on a short-term spending bill introduced by Senate Appropriations Committee Chairman Thad Cochran. If passed, the bill will temporarily fund the government through December 11th of this year. If the bill is not passed, the country will face a government shutdown beginning on…

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New Changes to the October Visa Bulletin

On September 9th the Department of State and USCIS jointly announced new procedures that will allow family-based and employment-based applicants stuck in immigrant visa backlogs to apply for an immigrant visa (adjustment of status) before their priority date becomes current and an immigrant visa becomes immediately available to them. These…

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Immigration Recap: 2014 in Review

President Obama closed off the year by announcing his highly anticipated executive action on November 20, 2014 which will go into effect early this year, but the executive action was only one of many important initiatives that occurred in 2014. 2014 was a big year for immigrants for several reasons:…

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DHS Memorandum for Entrepreneurs, Innovators, and Researchers

  President Obama’s executive action announced on November 20, 2014 fell short in many ways than one for many people residing in the United States—both legally and illegally. Though a marginalized few have been allowed to come out of the shadows, some of the world’s best and brightest have been…

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NIW Attorney – Entrepreneur Gets Green Card Through Business in the National Interest

Until 2011, the National Interest Waiver (NIW) category had been limited to persons holding advanced degrees or persons of extraordinary ability in the arts, sciences, or business whose work was in the national interest. In 2011, the NIW category was expanded to allow entrepreneurs to pursue a green card based…

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