Monitoring practical developments in immigration law practice, theVISAGeek™ provides timely and insightful immigration law guideposts

TheVISAGeek™ is a publication of the immigration law firm of Lipson & Pretorius LLP. With over 50 years combined experience, we focus on immigration law for Entrepreneurs, Start-ups, Investors, Business and Research professionals as well as Artists and Entertainers worldwide.

 

Proposed Waiver Rule – Good For Families

The newly proposed waiver rule could save years of waiting overseas – if it actually gets adopted. The proposed rule would allow spouses and children of U.S. citizens to apply for the waiver PRIOR to departing the U.S. to apply for the green card overseas. On January 6, 2012, U.S. Citizenship and Immigration Services (USCIS)… Read more »

Outstanding Researcher Case – Multiple Citations Are Key

More guidance re: Kazarian final merits analysis for Outstanding Professors/Researchers In a recent decision, a university petitioning for an Assistant Professor of Clinical Biostatistics won an appeal from the initial denial of their Outstanding Researcher case. The opinion handed down on appeal gives some guidance as to how USCIS is approaching the final merits determination… Read more »

Approved Green Card: Can I Travel?

My green card application has been approved – I need to travel tomorrow – what do I do? We often see cases where the Adjustment of Status (green card) application is approved within one or two days after the interview and the client is all set to travel and does not have time to wait… Read more »

NIW Supporting Evidence: Citations are key

For a winning NIW petition, the number of citations in quality journals is more important than the number of publications. On November 21, 2011, the Administrative Appeals Office (AAO) of the Immigration Service sustained an appeal of a National Interest Waiver (NIW) case out of the Texas Service Center.  This case involved a postdoctoral research… Read more »

Entrepreneur Visa: Leadership needed

USCIS Director Alejandro Mayorkas is quoted today as being supportive of making the immigration process more entrepreneur friendly, but his front line adjudicators are not getting the message, as noted in our previous post .  As stated at VentureBeat, “I believe that Alejandro is serious in his intent and genuinely wants to fix the problem. The… Read more »

Entrepreneurial H-1B and L-1A visas: Not

Entrepreneurial H-1B and L-1A visas: Delays in processing; no more H-1Bs for this fiscal year The Obama Administration has publicly declared a policy of encouraging foreign entrepreneurs to create startup companies to foster job growth. In fact, at the end of this summer the Department of Homeland Security Secretary Napolitano and United States Citizenship and… Read more »

Switching from H-1B to F-1 visa status

We recently were informed of a young soon-to-be graduate student who quit her H-1B job in June while waiting for her change of status application to be approved for a start date in graduate school in September of that year. USCIS issued her a Request for Evidence asking for her most recent paycheck stubs. Current… Read more »

Green Card: Maintenance Of Status

What happens to my green card if I have to be overseas for long stretches of time? This is a question that often arises in our office. Our first advice is to remind clients that each time they return to the U.S. they are essentially knocking at the door and requesting permission to enter. Each… Read more »

Print Ads for Classroom Teachers – Revisited

MOST RECENT UPDATE FROM DOL ON USE OF ELECTRONIC OR WEB-BASED JOURNAL AD INSTEAD OF PRINT AD FOR CLASSROOM TEACHERS AT COLLEGES AND UNIVERSITIES: In our Blog Posting from September 02, 2011, we discussed the change in print ad requirements for classroom teachers – print ads no longer needed.  On September 28, 2011, the Department… Read more »

Green Cards: Proving U.S. Citizenship for Family-based Sponsorship

During green card processing by USCIS, the concern is with the birth certificate of the foreign national. For example, many applicants from India do not have a valid birth certificate. Instead, they have a hospital record of the fact of the birth but without the names of the parents. This situation would then require secondary… Read more »