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.

 

Stop the Reverse Brain Drain!

Last night we had a visit from a young man from India about to begin his PhD in theoretical computer science at a top U.S. university. He told us that he loves math. He had graduated top of his class at the Indian equivalent to our MIT. He also told us that his first three… Read more »

Diversity Visa Program Scams

Beware – Diversity Visa Program Scammers Sending Fraudulent Emails and Letters! The U.S. Department of State has reported an uptick in the number of fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program applicants. The scammers are posing as representatives of the U.S. government in an attempt to extract payment from DV applicants…. Read more »

Caveat Employer: DUNS number required for visa petitions

Caveat Employer: Did you know you now need a Dun & Bradstreet number?  That is what USCIS is requiring. As an employer filing for a foreign worker you may have received a Request for Evidence (RFE)  based upon USCIS’s new fraud detection tool, the web-based Validation Instrument for Business Enterprises, or VIBE. Currently USCIS is… Read more »

Another Request for Evidence – Oh No!

Are Requests for Evidence Inevitable? I am afraid so. We and all of our colleagues, despite submitting enormous filings containing evidence on every conceivable point, are seeing Requests for Evidence (RFE) in nearly all of our cases. These days a case that goes through without an RFE is the exception and not the rule. We… Read more »

Start-up Visa for Entrepreneurs?

A NEW START-UP VISA FOR ENTREPRENEURS – TRUE? YES and NO On August 2, 2011, the Department of Homeland Security Secretary Napolitano and USCIS Director Mayorkas announced with much fanfare that foreign entrepreneurs could take advantage of the existing non-immigrant and immigrant visa system to gain status and permanent residency. See the DHS press release…. Read more »

My green card has expired!?

What happens to my green card when my conditional permanent resident card expires? Conditional permanent residence is granted for two years to spouses who qualify for the green card based upon marriage and the marriage took place less than 2 years prior to the grant of the conditional green card. In order to remove the… Read more »

Green Card Medical Exam

Every applicant for a green card must undergo a medical exam from an immigration approved physician and must be up to date on all required vaccinations. The results of the exam must be sealed in an envelope by the physician and submitted unopened to USCIS. However, you absolutely must request a photocopy of the exam… Read more »

Consular processing overeas or filing in U.S?.

Where should I apply for the Green Card? Most clients who come into our office do not realize that there is a choice as to where to apply for the green card, also known as the immigrant visa, – either here or abroad. However, there are significant differences, the most important of which is that… Read more »

Section 245(i) Pathway to Green Card Update

Section 245(i) – pathway for green card for many who would otherwise be barred – still alive and well in many circumstances. If you think that all the benefits of Section 245(i) disappeared on April 30, 2001 – think again !! Following the guidance of a USCIS memo of 2005 there are still many ways… Read more »

EB-1 Evidence: Bar Raised

As if Extraordinary Ability wasn’t hard enough! Even more extraordinariness now required for EB-1! Recent federal court decision from Seattle shows how EB-1 is becoming even more difficult in light of the the new two-part analysis from Kazarian now codified into standard USCIS operating procedure. Even with a good showing of three out of the… Read more »