DHS Proposes the Removal of the International Entrepreneur Rule

After much foreshadowing, the Department of Homeland Security finally announces its proposed removal of the International Entrepreneur Rule.

Ekaterina PowellMay 31, 2018IER, International Entrepreneur Rule, USCIS, United States Citizen and Immigration Services, DHS, Department of Homeland Security, Business Immigration Attorney, Employment-Based Visas, Entrepreneurs, California, Los Angeles, San Francisco, Silicon Valley, San DiegoComment

USCIS Completes Lottery Selection of the Year's H-1B Visa Petitions

USCIS has announced the completion of its data entry for all FY 2019 H-1B cap-subject petitions selected in its computerized random selection process.

Ekaterina PowellMay 18, 2018H-1B Specialty Occupation Visa, Employment-Based Visas, USCIS, United States Citizen and Immigration Services, Business Immigration Attorney, California, Los Angeles, Silicon Valley, San Diego, San FranciscoComment

Change in the Accrual of Unlawful Presence for F, M and J Nonimmigrants

USCIS has issued a new memorandum modifying its policy in determining the accrual of unlawful presence for F nonimmigrant students, J nonimmigrant exchange visitors and M nonimmigrant vocational students.

Ekaterina PowellMay 17, 2018F-1 Student Visa, J Exchange Visitor Visa, M Vocational Student Visa, United States Citizen and Immigration Services, USCIS, Department of Homeland Security, DHS, Business Immigration Attorney, California, Los Angeles, San Francisco, San Diego, Silicon ValleyComment

Sean's RFE in Response to his L-1B Petition - Success Story

In this success story we give background information on the trouble with proving specialized knowledge in L-1B Intracompany Transfer Visas and a real case in which we successfully responded to a request for evidence for a client.

Ekaterina PowellMay 10, 2018RFE, Requests for Evidence, California, L-1B, Business Immigration Attorney, E, Employment-Based Visas, Los Angeles, San Diego, San Francisco, Silicon ValleyComment

Isaac's EB-1A Green Card Petition Success Story

Here is another success story from our firm, this time in our securing of an EB-1A green card for our client’s work and business in air quality analytics.

Ekaterina PowellApril 25, 2018Business Immigration Attorney, EB-1A Extraordinary Ability Green Card, Green Cards, California, San Francisco, San Diego, Los Angeles, Silicon ValleyComment

USCIS Update: H-1B Cap for Fiscal Year 2019 Reached

USCIS has announced that the cap for next years H-1B non-cap exempt visa petitions has been reached.

Ekaterina PowellApril 9, 2018United States Citizen and Immigration Services, USCIS, H-1B Specialty Occupation Visa, Business Immigration Attorney, Immigration Law, California, Los Angeles, San Diego, Silicon Valley, San Francisco, Employment-Based VisasComment

Green Card Options for Entrepreneurs

Here you will find the best green card options for entrepreneurs who either have an ownership stake or do in fact own the business for which they are applying for an immigration visa.

Ekaterina PowellApril 3, 2018immigration visas and green cards, green cards, Eb-3, EB-2 NIW Green Card, EB-1, EB-5, green cards for entrepreneurs, startup immigration, startup green cards, immigrant visas entrepreneursComment

Filing O-1A Extraordinary Ability Visas: Do's and Don'ts

How to avoid mistakes and craft a successful O-1A petition.

Ekaterina PowellMarch 22, 2018O-1A visa, O-1 immigration lawyer, O-1 attorney, mistakes in O-1A, O-1A visa business, O-1 visa technology, O-1 visa startup, Business Immigration Attorney, California, Los Angeles, San Francisco, Silicon ValleyComment

H-1B Cap Petitions: USCIS Suspending Premium Processing for Fiscal Year 2019

The USCIS-announced suspension of premium processing for cap-subjected H-1B petitions and its notable implications.

Ekaterina PowellMarch 21, 2018United States Citizen and Immigration Services, USCIS, H-1B Specialty Occupation Visa, Premium Processing, Form I-907, Form I-129, Expedited ProcessingComment

USCIS Update: Power of Attorney Signatures No Longer Accepted

Signatures must now be provided solely by valid applicants and petitioners on all USCIS forms.

Ekaterina PowellMarch 16, 2018Immigration Law, Business Immigration Attorney, Immigration Attorney, USCIS, United States Citizen and Immigration Services, Guidance, Signatures, updateComment

Timur's O-1A Petition for Extraordinary Ability in Web Technologies & Mobile App Development

Another example of a successful case we have handled, this one dealing with a client's extraordinary ability in web technologies and application development.

Ekaterina PowellMarch 15, 2018Immigration Law, Business Immigration Attorney, O-1A Visa, Web Technologies, App Development, San Diego, San Francisco, Silicon Valley, Los Angeles, CaliforniaComment

Dealing with Claims of Abandonment of LPR Status

CBP will often use frequent travel as an unjustified assertion for abandonment of LPR status.

Ekaterina PowellMarch 9, 2018Lawful Permanent Residents, LPR, Traveling Abroad, Abandonment, Form I-407, Indadmissability, CBP, Customs and Border Protection, California, Business Immigration Attorney, San Diego, San Francisco, Los Angeles, Silicon ValleyComment

Things to Consider with Mergers & Acquisitions for Nonimmigrant Employees

There are myriad potential complications that can result from a corporate restructuring with potential devastation to a company's employment-based nonimmigrant workforce.

Ekaterina PowellMarch 6, 2018Comment

New Guidance on H-1B Petitions for Third-Party Site Workers

The H-1B specialty occupation visa process has undergone another overhaul, at least when it comes to third-party workers.

Ekaterina PowellMarch 5, 2018H-1B Specialty Occupation Visa, Third-Party Workers, United States Citizen and Immigration Services, USCIS, Itinerary, Labor Condition Application, LCA, US, Employers, Employees, Business Immigration Attorney, San Diego, California, Los Angeles, San Francisco, Silicon ValleyComment

Supreme Court Rejects DACA Case for Now

The DACA program will remain in effect past the original March 5th deadline until the matter reaches its legal conclusion.

Ekaterina PowellFebruary 26, 2018Deferred Action for Childhood Arrivals, DACA, Supreme Court, The White House, Trump Administration, 9th Circuit Court of Appeals, Senate, Congress, California, San Francisco, San Diego, Silicon Valley, Business Immigration Attorney, Los AngelesComment

The Senate's Failure to Secure a Deal for Dreamers

Even after their best chance at doing so, the Senate has failed in securing a DACA fix. What happens now?

DACA Renewal Clinics

Because of a court decision delaying the termination of the DACA program, recipients should renew their protected statuses while they still can.

Ekaterina PowellFebruary 20, 2018Deferred Action for Childhood Arrivals, DACA, American Immigration Lawyers Association, AILA, Business Immigration Attorney, Los Angeles, California, Silicon Valley, san diego immigration attorney, San Francisco, San DiegoComment

USCIS Now Accepting Credit Cards for All Fee-Based Forms

At long last, USCIS is accepting credit cards for filing fees on all applicable forms.

Ekaterina PowellFebruary 15, 2018United States Citizen and Immigration Services, USCIS, Credit Cards, Form Filings, Form G-1450, Naturalization, Green Cards, Visas, Business Immigration Attorney, San Francisco, San Diego, California, Silicon Valley, Los AngelesComment

Public Charge Rulemaking Draft Expands Grounds for Inadmissibility

Before, only non-cash oriented government programs would be weighed in determining one's likely status as a public charge. A new rule may change that.