Immigration Lawyer Peter Messersmith

Peter Messersmith is an attorney located in Orlando, Florida. He has been practicing immigration law since 2002 and has represented thousands of immigrants and US businesses with their immigration needs.

Trump’s H-1B Proclamation: What It Means and Alternatives for Employers and Workers

by

On September 19, 2025, President Trump issued a Proclamation restricting entry for new H-1B visa holders. This action has raised alarm among US employers, foreign professionals, and international graduates hoping to secure H-1B visas. As an immigration law firm, we explain below what the proclamation does, how it impacts current and future H-1B workers, and what alternatives exist for those seeking to work in the United States.

Key Takeaways from the H-1B Proclamation

  • New $100,000 supplemental fee: Employers must now pay this one-time fee for each new H-1B petition for workers outside the U.S.
  • Current H-1B holders unaffected: The proclamation does not apply to extensions, renewals, or travel for those already in valid H-1B status.
  • Timing: The policy takes effect September 21, 2025 and applies first to the next H-1B lottery cycle.
  • National interest exceptions: DHS may waive the restriction for cases critical to US national security or welfare.

White House Clarification

To clear confusion, the White House confirmed:

  1. The $100,000 fee is not annual, but one-time per petition.
  2. Current H-1B visa holders abroad are not required to pay this fee for re-entry.
  3. The rule applies only to new H-1B visas and not renewals or amendments.

Impact on Employers and H-1B Workers

  • Employers: Recruiting new foreign talent will become significantly more expensive. Employers should evaluate whether roles justify the surcharge or whether visa alternatives may be more cost-effective.
  • Current H-1B employees in the U.S.: Status and work authorization remain valid. Extensions and amendments can proceed as usual.
  • Graduates and foreign professionals abroad: New entries will be subject to the $100,000 fee unless exempted under the national interest waiver.

Alternatives to the H-1B Visa

If the H-1B is now less viable, other work visa options may provide a path forward:

  • O-1 Visa (Extraordinary Ability): For professionals with strong achievements in STEM, business, or the arts.
  • L-1 Visa (Intra-Company Transfers): For employees of multinational corporations moving to US offices.
  • E-2 Visa (Treaty Investor/Employee): Available for nationals of treaty countries investing in US businesses.
  • TN Visa (Canada & Mexico under USMCA): For listed professional occupations, often faster and less costly.
  • Employment Based Green Cards (EB-1, EB-2, NIW, EB-3): In some cases, skipping H-1B altogether and moving directly toward permanent residency is more strategic.

Immigration Lawyer Advice: What To Do Now

  • Stay calm: The proclamation does not cancel current visas.
  • Plan strategically: Employers should review staffing plans for 2026 and consider budgeting for the fee or pivoting to alternatives.
  • Evaluate alternatives early: Certain categories like O-1 or L-1 may fit better for highly skilled workers.

Take Action Now to Protect Your Immigration Future

This proclamation represents one of the most significant restrictions on the H-1B program in recent years. While current H-1B holders are safe for now, new applicants face steep financial hurdles. Employers and workers should evaluate their options, consider H-1B alternatives, and work closely with experienced immigration attorneys to protect their ability to live and work in the U.S.

Call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We can help you determine whether the H-1B is still right for you or whether alternatives like O-1, L-1, E2 or EB1, EB2 or EB3, EB4 or EB5 green cards are a stronger strategy for your future.

Successful Cases for EB-1A Approvals for Engineers Working in the Oil and Gas Sector

by

The EB-1A green card is one of the most sought after US immigration options for highly skilled professionals. Reserved for individuals with “extraordinary ability” in sciences, business, arts, education, or athletics, EB-1A allows applicants to self-petition without requiring a U.S. employer or job offer. For engineers in the oil and gas sector, obtaining EB-1A approval can feel daunting but many have successfully demonstrated their extraordinary ability through carefully documented achievements.

At our firm, we have successfully assisted many engineers through the EB-1A process and secured approvals, even in highly technical fields like oil and gas. Below we highlight some examples of successful strategies and outcomes for professionals in this industry.

Why EB-1A Is Challenging for Engineers

Unlike artists or athletes, engineers often don’t have obvious “public recognition” of their accomplishments. USCIS looks for evidence such as:

  • Major awards or recognition for contributions to the industry
  • Memberships in distinguished associations
  • Published research or patents that advanced technology
  • High-paying or critical roles in the industry
  • Contributions of major significance to the oil and gas sector

The key is to translate highly technical work into achievements that USCIS understands as extraordinary ability. That’s where legal strategy and presentation make all the difference.

Successful EB-1A Case Examples for Oil and Gas Engineers

Case 1: Petroleum Engineer with Industry Changing Safety Innovations

One of our clients was a petroleum engineer who had developed innovative safety protocols that were later adopted by several multinational energy companies. Although he had never won public awards, we demonstrated the industry wide impact of his contributions. USCIS approved his EB-1A petition, recognizing that his work had significantly improved workplace safety in oil and gas operations.

Case 2: Chemical Engineer with Patented Refining Technology

Another client, a chemical engineer, had co-developed patented refining technology that increased efficiency and reduced emissions. While his work was highly technical, we highlighted the environmental and economic significance of the technology and its adoption by multiple refineries. By framing his patents and industry recognition as evidence of extraordinary ability, we secured an EB-1A approval without requiring an employer sponsor.

Case 3: Offshore Drilling Specialist Recognized for Risk Management Expertise

A third case involved an offshore drilling engineer who had authored technical papers and served as a sought after consultant for reducing risks in deep water drilling. We used his publications, expert testimonials, and evidence of his leadership roles in global projects to establish his standing as a recognized authority. His petition was approved, allowing him to continue his work in the US energy sector as a permanent resident.

How We Help Oil and Gas Engineers Win EB-1A Green Cards

Our firm understands the challenges engineers face in meeting the EB-1A extraordinary ability standard. We specialize in:

  • Translating complex technical achievements into clear evidence USCIS understands
  • Gathering proof of industry impact and global recognition
  • Preparing persuasive recommendation letters from leading experts
  • Structuring petitions to highlight both technical expertise and real-world significance

With our guidance, engineers in the oil and gas sector have successfully achieved EB-1A approvals, securing their U.S. green cards and advancing their careers in one of the world’s most critical industries.

Secure Your Green Card. Contact Us Before It’s Too Late

If you are an engineer in the oil and gas sector considering an EB-1A green card, know that approval is possible with the right legal strategy. Even without awards or widespread publicity, your technical contributions can be framed as extraordinary achievements.

Contact our office today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your profile, build a strong case, and help you take the next step toward permanent residency in the United States.

I-485 Denied for Criminal Record? What You Need to Know and How We Can Help

by

Applying for a green card through Form I-485 (Adjustment of Status) is one of the most important steps in your immigration journey. But many applicants face a difficult roadblock: criminal issues. Even a minor arrest, misdemeanor, or past conviction can trigger serious problems, including a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or outright denial under INA 212(a)(2).

If you’re worried about whether your criminal record will affect your green card application, you’re not alone. This guide explains what types of crimes impact I-485 approval, what options are available, and how our law firm helps clients overcome these obstacles.

Does USCIS Check Criminal Records for I-485?

Yes. As part of your I-485 application, USCIS requires fingerprints and background checks through the FBI, Department of Homeland Security, and other law enforcement databases. Even expunged or dismissed cases can appear in these checks. That means hiding or failing to disclose past arrests can lead to denial for misrepresentation under INA 212(a)(6)(C)(i) and sometimes worse than the crime itself.

What Crimes Can Cause Green Card Denial?

Some criminal issues can make you inadmissible and lead to denial of your I-485:

  • Crimes Involving Moral Turpitude (CIMTs): theft, fraud, domestic violence, etc.
  • Controlled Substance Violations: drug possession, marijuana use, trafficking charges.
  • Multiple Criminal Convictions: two or more offenses with sentences adding up to 5+ years.
  • Aggravated Felonies: serious crimes like murder, rape, or major fraud.
  • DUI or Alcohol-Related Offenses: while not always a bar, multiple DUIs or DUIs with injury can cause denial.

Even arrests without conviction can raise red flags. USCIS officers often issue RFEs or NOIDs to demand police records, court documents, or proof that the case was dismissed.

Can You Still Get a Green Card With a Criminal Record?

Yes. In many cases, you can still succeed. Options include:

  • Criminal Waivers (Form I-601): Available if you can show extreme hardship to a US citizen or lawful permanent resident spouse, parent, or child.
  • Strong Legal Arguments: Demonstrating that your charge is not actually a CIMT or doesn’t trigger inadmissibility under immigration law.
  • Challenging Incorrect Findings: USCIS sometimes misinterprets state law. Our legal briefs have overturned many wrongful inadmissibility determinations.

Real Client Success Stories

  • Case 1: DUI and I-485 Pending
    A client was arrested for DUI while his I-485 was pending. USCIS issued a NOID citing concerns over public safety. We responded with strong legal arguments and evidence. His case was approved, and he received his green card.
  • Case 2: Theft Charge Dismissed, Still Denied
    Another client had a theft charge dismissed years ago, but USCIS still flagged it as a crime of moral turpitude. We successfully argued that dismissed charges cannot form the basis of inadmissibility. USCIS reversed its decision, and the green card was granted.

How We Help Clients With I-485 Criminal Issues

Our firm has extensive experience handling I-485 denials, RFEs, and NOIDs involving criminal records. We:

  • Review your case and identify the exact immigration consequences of your charges.
  • Collect crucial documents to build a defense.
  • Write persuasive legal briefs challenging USCIS misinterpretations.
  • File I-601 waivers when necessary to overcome inadmissibility.
  • Guide you step by step to keep your green card process on track.

Don’t Risk a Denial. Let Us Fight for Your Green Card

A criminal record does not automatically mean your I-485 will be denied, but it does mean you need a strong legal strategy. Many applicants succeed in overcoming these issues with the right approach and evidence.

If you’ve received an RFE, NOID, or denial on your I-485 due to criminal issues, don’t wait until it’s too late. Call us at 305-515-0613 or email info@messersmithlaw.com today. Let us fight to protect your immigration future and help you secure your green card.

Notice of Intent to Rescind Permanent Resident Status: What It Means and How to Respond

by

For many immigrants, obtaining a green card (lawful permanent residence) is a dream come true. But sometimes, USCIS may challenge that status by issuing a Notice of Intent to Rescind (NOIR) Permanent Resident Status. This notice means the government believes your green card was granted in error or obtained through fraud or misrepresentation.

If you’ve received a Notice of Intent to Rescind, it’s critical to act quickly. Failing to respond can result in the loss of your permanent resident status and in some cases, removal proceedings.

What Is a Notice of Intent to Rescind (NOIR)?

A Notice of Intent to Rescind Permanent Resident Status is a formal notification from USCIS stating its intention to cancel your green card. Unlike simple RFEs or NOIDs, a NOIR goes after a benefit you already hold.

Common reasons USCIS issues a NOIR include:

  • Alleged fraud or misrepresentation Section INA 212(a)(6)(C)(i) in your original green card application.
  • Marriage fraud or insufficient proof of a bona fide marriage.
  • Discovery of criminal activity or ineligibility after approval.
  • Errors by USCIS in adjudicating your case.
  • Unlawful Immigration Status at Time of Filing (INA 245(c)(2)).
  • Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8)) .

What Happens If You Receive a NOIR?

When USCIS issues a NOIR, you will typically be given 30 days to respond. If you fail to respond or cannot overcome their concerns, USCIS may rescind your lawful permanent resident status.

Consequences may include:

  • Loss of your green card.
  • Being placed in removal (deportation) proceedings.
  • Inability to apply for naturalization (citizenship).
  • Future immigration complications, including inadmissibility.

How to Respond to a Notice of Intent to Rescind

Responding to a NOIR requires a strategic legal defense. Simply sending more documents is rarely enough you must directly rebut USCIS’s allegations with clear evidence and legal arguments.

Here’s how we strengthen responses for our clients:

  1. Analyze USCIS’s claims carefully – We identify the specific legal and factual issues in the NOIR.
  2. Gather targeted evidence – Depending on the specifics of the allegation
  3. Build a legal defense – We prepare a detailed attorney brief citing statutes, USCIS policy, and case law to show why rescission is not justified.
  4. Present a professional response – This will make it easy for USCIS to approve the case.

Success Stories

Success Story 1: OPT Employment & Findream Allegation

A permanent resident received a Notice of Intent to Rescind (NOIR) under INA §212(a)(6)(C)(i) because USCIS alleged misrepresentation in his OPT employment history with Findream. He came to us panicked, fearing deportation. We gathered strong evidence and demonstrated that he was a victim, not a fraudster. USCIS agreed and approved our response, allowing the client to keep his permanent resident status.

Success Story 2: Marriage-Based Green Card with Misrepresentation Claim

A client’s green card was at risk of rescission after USCIS alleged marriage fraud and misrepresentation under INA §212(a)(6)(C)(i). The couple had limited joint documents because of work related separation, leading USCIS to doubt the marriage. We gathered extensive evidence and our response proved the marriage was genuine. The NOIR was withdrawn, and the client’s permanent resident status remained intact.

Success Story 3: Employment Resume Misrepresentation

A skilled professional faced rescission of his green card when USCIS alleged he misrepresented his employment history on a résumé submitted during his immigrant petition process. We conducted a forensic review of his employment records and highlighted discrepancies that were clerical, not intentional. By showing there was no willful misrepresentation, USCIS approved the case, and the client maintained permanent residency.

Success Story 4: Visa Application Misstatement Abroad

A green card holder was accused of misrepresentation after consular officials claimed he failed to disclose a prior visa refusal when applying for permanent residency. He received a NOIR under INA §212(a)(6)(C)(i). The inconsistencies caused by translation errors. USCIS accepted our strong legal arguments, withdrew the rescission, and the client’s green card was preserved.

Success Story 5: Winning Against Dual Inadmissibility Allegations under INA §212(a)(6)(C)(i) and §212(a)(6)(E)

One of our clients faced serious inadmissibility findings under INA §212(a)(6)(C)(i) misrepresentation and INA §212(a)(6)(E) alien smuggling after USCIS alleged false statements in a prior visa application and on his Form I-485. His permanent resident status was at risk of rescission. While mounting a full legal defense against the allegations, we also prepared a Form I-601 waiver based on hardship to his U.S. citizen spouse, ensuring we had every avenue of protection ready. Ultimately, our comprehensive legal arguments convinced USCIS to approve the case outright without the waiver being needed. The rescission was avoided, the inadmissibility findings were overcome, and our client successfully kept his green card.

Success Story 6: INA §212(a)(3)(D) – Alleged Communist Party Membership

A green card holder received a Notice of Intent to Rescind after USCIS alleged he was inadmissible under INA §212(a)(3)(D) for past membership in the Communist Youth League. He had briefly joined during his teenage years in school, unaware of its political implications, and believed it was mandatory for students. USCIS considered this a ground for rescission. We prepared a detailed legal response explaining the involuntary nature of his membership, USCIS accepted our arguments and withdrew the rescission, allowing the client to keep his green card.

Success Story 7: INA §212(a)(3)(A) – Alleged Security Concerns

Another client faced rescission under INA §212(a)(3)(A) after USCIS raised “security concerns” based on a mistaken association with an organization later designated as a threat. In reality, the client had no ties to the group beyond attending a single cultural event years earlier. We carefully documented the nature of the event, provided evidence and highlighted that the statute targets actual threats, not incidental contact. Our legal brief argued that the allegations were unsupported and did not meet the burden of proof required for rescission. USCIS withdrew the allegations, and the client’s lawful permanent resident status was preserved.

FAQs About NOIR and Rescission

1. Can I lose my green card permanently after a NOIR?
Yes. If you don’t respond or USCIS is not convinced by your response, your permanent resident status can be rescinded.

2. Can I appeal a rescission?
Yes. If USCIS rescinds your status, you may fight the decision in immigration court.

3. How much time do I have to respond?
Typically 30 days from the date of the notice. Deadlines are strict.

4. Should I hire an attorney for a NOIR?
Absolutely. A NOIR is far more serious than an RFE or NOID. We can build a strong defense that preserves your green card and avoids deportation proceedings.

Secure Your Green Card. Contact Us Before It’s Too Late

A Notice of Intent to Rescind Permanent Resident Status (NOIR) is one of the most serious challenges a green card holder can face but it doesn’t have to be the end of your journey. With the right evidence, legal strategy, and experienced representation, many clients successfully defend their status and keep their green cards.

If you’ve received a NOIR, every day counts. Don’t risk delays or denials. Call us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. Our team will help you craft a powerful response and take immediate steps to protect your U.S. permanent residency.

EB-1A Extraordinary Ability Green Card: The 2025 Ultimate Guide

by

The EB-1A green card is one of the fastest and most prestigious ways to gain permanent residency in the United States. It is designed for individuals who can demonstrate extraordinary ability in their field whether in science, business, athletics, the arts, or education. Unlike many other green card categories, EB-1A applicants can self petition without an employer sponsor.

In this guide, we’ll explain who qualifies, what evidence USCIS looks for, common reasons for denial, and proven strategies to win approval.

Who Qualifies for an EB-1A Green Card?

To qualify, you must show extraordinary ability demonstrated by sustained national or international acclaim. This is usually proven through:

  • Major prizes or awards (like a Nobel Prize, Olympic medal, or industry award)
  • Memberships in associations requiring outstanding achievements
  • Published material about you in major media or trade journals
  • Evidence of serving as a judge of the work of others
  • Original contributions of major significance to your field
  • Authorship of scholarly articles
  • Display of your work in exhibitions or showcases
  • Leading or critical role in distinguished organizations
  • High salary or remuneration compared to peers
  • Commercial success in the performing arts

You must meet at least 3 of the 10 criteria (or show comparable evidence).

Benefits of the EB-1A Category

  • No employer sponsorship required – you can self-petition.
  • Priority processing – EB-1 cases often move faster than other green cards.
  • Dual intent – you can apply for a green card while on a nonimmigrant visa (H-1B, O-1, etc.).
  • Path to citizenship – once approved, you can apply for U.S. citizenship after 5 years.

Common Challenges with EB-1A Petitions

While powerful, the EB-1A is also one of the most scrutinized categories. USCIS frequently issues RFEs (Requests for Evidence), NOIDs (Notices of Intent to Deny), or outright denials if evidence is not strong enough.

Top reasons for denial include:

  • Weak evidence of “major significance” contributions
  • Generic or repetitive recommendation letters
  • Lack of independent recognition in media or publications
  • Confusing presentation of evidence

Successful EB-1A cases are carefully prepared with organized exhibits, tailored expert letters, and strong legal arguments connecting the evidence to the regulations.

EB-1A Success Stories

  • A biotech researcher with 25 publications and over 300 citations. We provided compelling evidence showing how his research had been widely adopted, backed by a strong legal argument. His case was approved in just three days through premium processing.
  • A tech executive without a PhD, but with a record of leading global product launches, had her EB-1A denied when she filed on her own. We took the case on appeal, demonstrated her critical role and industry wide influence, and secured her approval.
  • An accomplished athlete with multiple international medals received a NOID, even after working with another attorney. When we took over, we highlighted his media recognition and international competition results, and the petition was successfully approved.

How to Strengthen Your EB-1A Petition

Winning an EB-1A extraordinary ability green card is not just about having impressive achievements. It’s about presenting them in a way that convinces USCIS you meet the legal standard of extraordinary ability. Many highly qualified people get denied because their petitions are not organized, not persuasive, or don’t connect the evidence to the law. That’s where the right legal team makes all the difference.

Here’s how we strengthen EB-1A cases for our clients:

  1. Identify your strongest evidence – We review your career in detail to highlight achievements that best match USCIS criteria.
  2. Build tailored recommendation letters – Our team helps tailor your letters from respected experts that go beyond generic praise and instead explain why your work matters on an industry-wide scale.
  3. Demonstrate major significance – We don’t just list publications, citations, or awards—we prove how your work has been adopted, cited, or recognized by others.
  4. Organize the petition strategically – We prepare a polished, attorney written legal brief that connects each piece of evidence to EB-1A regulations, making it easy for the officer to approve.
  5. Anticipate USCIS concerns – We address weaknesses before they turn into an RFE, NOID, or denial.

USCIS officers review thousands of cases, and weak or messy filings often fail. A strong, attorney-prepared EB-1A petition can make the difference between approval and denial. If you’re serious about your EB-1A,

FAQs About EB-1A Green Cards

1. Do I need a PhD to qualify for EB-1A?
No. USCIS looks for achievements and recognition, not degrees. Many business leaders, entrepreneurs, and athletes win EB-1A without a PhD.

2. How long does EB-1A take?
Processing time varies but premium processing takes 15 calendar days.

3. Can I apply while on H-1B or O-1?
Yes. You can pursue a green card while on a temporary work visa.

4. What if my EB-1A is denied?
Even we did not handle your initial filing, we can still file a motion to reopen, appeal, or refile with stronger evidence. Many clients succeed after our help with the right legal strategy.

Don’t Risk Your Future. Let Us Secure Your EB-1A Approval

The EB-1A green card is one of the best pathways to permanent residency for high achieving professionals but it requires a carefully built case. Weak filings often fail, while strong, attorney prepared petitions succeed.

If you believe you qualify for EB-1A or if you’ve received an RFE, NOID, or denial, contact us today at 305-515-0613 or email info@messersmithlaw.com and let us turn your achievements into an approval. Don’t risk your future with a generic application. We’ve helped scientists, engineers, artists, entrepreneurs, and athletes secure EB-1A approvals, and we can help you too.

EB-1 Green Card Processing Time in 2025: What You Need to Know

by

Introduction

The EB-1 green card is one of the fastest employment-based immigration options for highly accomplished individuals, such as professionals with extraordinary ability (EB-1A), outstanding professors or researchers (EB-1B), and multinational executives or managers (EB-1C).

But one of the first questions applicants ask is: “How long does it take to get an EB-1 green card in 2025?” The answer depends on your category, country of birth, and whether you file inside the U.S. (adjustment of status) or abroad (consular processing).

In this guide, we’ll break down the current EB-1 processing times in 2025, explain the key factors that affect your timeline, and show how our firm helps clients speed up the process.

EB-1 Green Card Categories and Processing

The EB-1 category is divided into three subgroups:

  • EB-1A (Extraordinary Ability): For individuals in fields such as science, business, education, arts, or athletics who can show sustained acclaim and achievements.
  • EB-1B (Outstanding Professors/Researchers): For professors and researchers recognized internationally with at least three years of experience.
  • EB-1C (Multinational Executives/Managers): For executives and managers who have worked for a multinational company abroad and are transferring to a U.S. office.

Processing times for each can vary depending on USCIS workload and your country of chargeability (India or China often have longer waits).

EB-1 Processing Times in 2025

As of 2025, EB-1 processing times generally fall into these ranges:

  • Form I-140 Immigrant Petition (EB-1A, EB-1B, EB-1C):
    Standard processing: 6–10 months
    Premium processing: 15 calendar days
  • Form I-485 Adjustment of Status (if filed in the U.S.):
    8–14 months, depending on local USCIS field office
  • Consular Processing (if applying abroad):
    6–12 months after I-140 approval, depending on the U.S. consulate

Overall, many EB-1 applicants can complete the process in 12–24 months if no complications arise. However, certain countries may face backlogs in the Visa Bulletin, which can extend wait times.

Factors That Affect EB-1 Processing Time

  1. Country of Birth: Applicants from India and China often face visa retrogression, which can add years of waiting due to high demand.
  2. Premium Processing: Using premium processing for Form I-140 can cut months off your timeline.
  3. Type of Filing: Adjustment of status vs. consular processing may impact your overall timeline.
  4. USCIS Workload: Shifts in government priorities, staffing, and policy changes can delay cases.
  5. RFE or NOID: If USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), your case could be delayed several months.

How We Help Clients Speed Up EB-1 Cases

At our firm, we have successfully guided professionals through EB-1A, EB-1B, and EB-1C petitions with efficient strategies to reduce delays. We:

  • Prepare thorough and strong petitions to minimize RFEs and denials.
  • Monitor the Visa Bulletin and provide filing strategies to avoid long backlogs.
  • Assist with premium processing filing and expedite requests in cases of urgent need.

With our experience, many of our clients have secured EB-1 approvals in under 12 months, even in complex cases.

Your Path to EB-1 Green Card Approval Starts with the Right Legal Team

The EB-1 green card processing time in 2025 depends on your category, filing type, and country of chargeability but with the right strategy, you can often secure approval faster than in other employment-based categories.

If you’re considering an EB-1 petition, don’t take chances with delays or denials. Contact us today at 305-515-0613 or email info@messersmithlaw.com to discuss your case. Let us help you build a strong EB-1 petition and move quickly toward your U.S. green card.

I-751 Denial: What It Means and What to Do Next

by

If you’ve received a denial notice for Form I-751, the Petition to Remove Conditions on Residence, you’re likely feeling overwhelmed and uncertain about your next steps. Unfortunately, an I-751 denial can lead to removal proceedings but in many cases, it can also be successfully challenged or reopened with the right legal strategy. If you’re asking:

“Why was my I-751 denied?”,
“Why my I-751 denied after RFE?”
“How to file I-751 after divorce”
“What happens if I-751 is denied?”
“Can I stay in US after I-751 denial?”
“Can I refile I-751 after denial?”
“How to reopen I-751 case?”
“I-751 denied what are my options?”

You are not alone. In this article, we’ll explain:

  • Why Form I-751 may be denied
  • What happens after a denial
  • Your legal options (appeals, motions, new filings)
  • How to prevent denial if your case is still pending

Why Was My I-751 Denied?

USCIS may deny your I-751 petition for several reasons. Some of the most common include:

  • Lack of evidence of a bona fide marriage
  • Divorce or separation before filing
  • Missed interview or RFE (Request for Evidence)
  • Late filing without a valid excuse
  • Allegations of marriage fraud
  • Incomplete or incorrect documentation

Even if your marriage was genuine, a weak petition package or failure to respond to a USCIS request can result in a denial.

What Happens If My I-751 Is Denied?

If your I-751 is denied, you could be issued a Notice to Appear (NTA) in immigration court. At this point, you are considered to be in removal proceedings but that doesn’t mean you’ll be deported. You’ll have a chance to defend your case in front of an immigration judge, and in many situations, your green card case can still be salvaged.

The judge may allow:

  • A new I-751 waiver filing (if divorced or abused)
  • Review of a wrongly denied joint petition
  • Submission of additional evidence to support your case

Can I Appeal or Refile After an I-751 Denial?

While there is no formal appeal to the I-751 decision through the Administrative Appeals Office (AAO), you still have several legal options depending on your case:

  1. Motion to Reopen or Reconsider: If you believe USCIS made a legal or factual error.
  2. Re-filing with better evidence: Especially in waiver-based or divorce situations.
  3. Defending your case in Immigration Court: You may still be able to get permanent residency through the court process.

This is the time to speak with us to identify the strongest path forward. USCIS scrutinizes I-751 filings closely so the quality of your documentation is crucial.

How to prevent denial if your case is still pending

If your I-751 petition is still pending, you can take important steps to lower the risk of denial:

  • Get professional legal support: We can spot weaknesses, build persuasive arguments, and present your case in the best possible light.
  • Address complications early: If you are divorced, separated, or have gaps in your evidence, take proactive steps now to strengthen your case before USCIS raises concerns.
  • Be fully prepared for your interview: Understand what officers look for, organize your documents carefully, and make sure your answers are consistent and truthful.

Turn a I-751 Denial Into a Green Card Approval With Our Help

If your I-751 petition has been denied, don’t assume your case is over. We’ve helped many clients reverse denials, refile stronger petitions, appeal the decision and win their case. Whether you filed jointly or as a waiver, we know how to build a compelling argument backed by evidence and legal insight.

Contact our office at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll review your denial, explain your options, and help you take the right next step to protect your green card and future in the U.S.

H1B Visa Refused Under 221(g)? What It Means and What You Can Do Next

by

If your H1B visa was refused under section 221(g), you’re not alone. Thousands of applicants each year find themselves stuck in administrative processing, confused about what went wrong and wondering if they’ll ever get approval. Our firm has successfully helped many individuals overcome 221(g) refusals and secure their visas, even in complex or delayed cases. In this article, we’ll break down what a 221(g) H1B refusal actually means, how long it can take, and most importantly how to get your visa back on track.

What is 221(g) in H1B Visa Processing?

A 221(g) refusal isn’t a denial in the traditional sense. Instead, it means that the consular officer was unable to make a final decision on your visa application. It usually results in a request for more documents, background checks, or a more in depth security clearance. Sometimes, it’s triggered by concerns about the employer, job duties, or whether the position qualifies as a specialty occupation under H1B rules.

Many applicants ask:

  • “H1B visa refused under 221(g)—can I reapply?”
  • “How long does 221(g) processing take?”
  • “What documents should I submit to clear 221(g)?”

The answer depends on your specific case, but acting quickly and strategically is key.

Common Reasons for H1B 221(g) Refusal

The most frequent causes of 221(g) H1B visa delays or denials include:

  • Missing or inconsistent employer documents
  • Unclear job duties that don’t clearly meet “specialty occupation” standards
  • Administrative security checks
  • Doubt about the bona fides of the petitioner (employer)
  • Prior visa violations or incomplete immigration history

If your visa was denied at a US consulate (especially in India), this is often where 221(g) issues arise. Officers may issue a color coded slip (often pink or blue) indicating the type of additional processing or documentation required.

What Can You Do After an H1B Visa Refusal Under 221(g)?

If you’ve received a 221(g) notice, don’t panic. This is not the end of the road. Here’s what you should do:

  1. Review the notice carefully. It will usually indicate whether documents are required or if your case is in administrative processing.
  2. Call us at 305 515 0613. A legal review can identify weak points in your petition and help submit a stronger response.
  3. Submit requested documents quickly. The quicker we submit the requested documents the higher the chance. Delays in response can make things worse.

Many ask: “Can I switch to another visa if my H1B is denied?” The answer is: it depends. Options like O-1, L-1, or cap-exempt H1Bs may be possible, but require legal strategy.

Secure Your H1B Visa and Contact Us Before It’s Too Late

At our law firm, we’ve helped countless professionals resolve their H1B visa 221(g) delays whether by assembling better documentation, addressing USCIS concerns about employer and employee relationships, or clearing up specialty occupation issues. We’ve also guided clients through consulate re-interviews and refiling options after denials.

If your H1B was denied or delayed under 221(g) and you’re unsure what to do next, don’t wait. The longer you go without a strategy, the harder it becomes to recover. Call us today at 305-515-0613 or email info@messersmithlaw.com for immediate help. We’re ready to guide you through the process and protect your future in the US.

Beware EB-5 Scams: Know the Risks, Protect Your Investment, Secure Your Green Card

by

The EB-5 Immigrant Investor Program offers one of the most direct paths to a US green card for foreign investors and their families. By investing in a qualifying US business or regional center, you can secure permanent residency while supporting the US economy. Unfortunately, because of the high investment amounts involved, the EB-5 program has also attracted scammers and fraudulent projects.

If you’re considering EB-5, it’s essential to understand the risks, recognize the red flags, and work with trusted advisors to ensure your investment is both safe and compliant.

Common EB-5 Scams and Red Flags

EB-5 scams come in different forms, but most share a few warning signs. Watch out for:

  • Guaranteed returns – EB-5 investments must be at risk. If someone promises “zero risk” or “guaranteed profits,” it’s a red flag.
  • Unregistered promoters – Always verify that the regional center or project is registered with USCIS and compliant with securities laws.
  • Fake or inflated job creation numbers – Job creation is at the heart of EB-5 eligibility. Fraudulent projects often exaggerate their employment impact.
  • Pressure to invest quickly – Scammers often create false urgency to push investors into transferring funds without due diligence.
  • Lack of transparency – If you cannot access business plans, financials, or clear project details, proceed with extreme caution.

Five EB-5 Programs Reported to be Fraudulent

1. Jay Peak Resort Fraud (Vermont)

One of the most infamous alleged EB-5 fraud cases. According to the SEC, developers of the Jay Peak Resort in Vermont raised over $350 million from EB-5 investors but misused much of the money in a Ponzi-like scheme. Instead of funding promised ski resort expansions, funds were diverted to cover other expenses and personal gain. Hundreds of investors were left without green cards or financial returns. SEC Charges Vermont-Based Ski Resort and Principals With Misusing EB-5 Investor Funds

2. Chicago Convention Center Scam

In 2013, a developer in Chicago raised more than $145 million from EB-5 investors for a hotel and convention center near O’Hare Airport. According to the SEC, the project turned out to be a sham, and the SEC charged the promoter with fraud. Investors were misled with false claims that the project had government support and USCIS approval. SEC Halts $145 Million Investment Scheme to Build Chicago Convention Center

3. California “Cancer Center” Fraud

According to the SEC, promoters collected over $27 million from Chinese investors for a supposed state-of-the-art cancer treatment center in California. The project never broke ground, and the money was misappropriated. The case highlighted how false promises of medical technology projects were used to lure EB-5 investors. SEC: California-based EB-5 Regional Center Fraud

4. Florida Palm House Hotel Scheme

In Palm Beach, Florida, developers solicited $44 million in EB-5 funds to renovate the Palm House Hotel. According to the SEC, instead of using the money for construction, the funds were allegedly spent on luxury cars, yachts, and personal expenses. The project never materialized, and investors were defrauded. SEC Charges Palm House Hotel Developer With EB-5 Fraud

5. Seattle EB-5 Fraud Case

According to the SEC, a husband-and-wife team raised more than $14 million from Chinese investors under the EB-5 program for supposed real estate developments in Seattle. Investigators later found that the projects were fake and the funds had been transferred to personal accounts overseas. Seattle Woman Sentenced in EB-5 Investment Fraud Scheme

These real world cases show how EB-5 scams can devastate investors, leading to lost money, lost green card opportunities, and years of wasted time.

Consequences of EB-5 Fraud for Investors

Falling victim to an EB-5 scam can mean more than financial loss. The immigration consequences are severe:

  • Visa denial – USCIS may deny your petition if the project fails to meet EB-5 requirements.
  • Loss of lawful status – Families relying on the EB-5 visa could find themselves without a path to permanent residency.
  • Permanent setbacks – Investors may lose years of waiting time and risk becoming inadmissible in future applications.

This is why due diligence and legal guidance are critical at every stage of the EB-5 process.

How to Protect Yourself From EB-5 Scams

The best way to protect yourself from EB-5 scams is to approach every investment with caution and the right professional guidance. We can conduct due diligence, identify red flags, and ensure that your investment qualifies for immigration benefits. At our firm, we can help guide you through legitimate EB-5 projects, avoided fraudulent schemes, and help you secure your US green cards while protecting your financial future.

How We Help EB-5 Investors

Our firm has successfully guided EB-5 investors through the process, ensuring their investments meet USCIS requirements while avoiding fraudulent projects. We:

  • Conduct due diligence on regional centers and investment offerings.
  • Help clients document and prove lawful source of funds to USCIS standards.
  • Provide ongoing guidance through Form I-526E (Immigrant Petition by Standalone Investor or Regional Center Investor) and Form I-829 (to remove conditions).
  • Advocate for clients in cases of delayed or troubled projects, exploring alternatives to protect their immigration future.

By combining immigration expertise with investor protection, we help ensure that EB-5 applicants can achieve their ultimate goal: a U.S. green card for themselves and their families. The EB-5 program remains a powerful pathway to U.S. residency, but the risk of fraud is real. With the right guidance, you can avoid scams, protect your investment, and secure your green card.

Your Path to Approval Starts with the Right Legal Team

If you’re considering an EB-5 investment, or if you suspect you’ve been misled by a fraudulent project, contact us today at 305-515-0613 or email info@messersmithlaw.com. We’ll review your situation, explain your options, and guide you safely through the EB-5 process.

Visa Delayed Under 221(g) Administrative Processing and Security Advisory Opinion (SAO): What You Need to Know and How We Can Help

by

When applying for a US visa, few things are more stressful than hearing your case has been refused under Section 221(g) and placed into administrative processing. For many applicants, this means their application is delayed because of a Security Advisory Opinion (SAO), a special background check that can take weeks or even months to complete.

If your case is stuck in 221(g) administrative processing due to an SAO, you may be wondering what it means, how long it will take, and whether there’s anything you can do. The good news is that while delays are common, there are steps you can take to protect your immigration journey.

What Does 221(g) Administrative Processing Mean?

A visa refusal under Section 221(g) is not a final denial. Instead, it means the consular officer cannot issue a visa until additional steps are completed. In many cases, this involves background checks, missing documentation, or a Security Advisory Opinion (SAO).

When a 221(g) is issued:

  • Your case is marked as “administrative processing.”
  • You may receive a letter or slip from the consulate explaining what is needed.
  • Your passport may be returned to you until processing is complete.

What Is a Security Advisory Opinion (SAO)?

An SAO is a mandatory background clearance conducted by the US Department of State and other government agencies. It is triggered when consular officers believe additional vetting is necessary. Common triggers include:

  • Working in sensitive fields such as science, technology, engineering, math (STEM), or defense-related industries.
  • Being from certain countries of concern or traveling frequently to those regions.
  • Having a name similar to someone flagged in US security databases.
  • Previous immigration violations or concerns about inadmissibility.

During this process, the consulate cannot move forward until the SAO is complete.

How Long Does 221(g) Administrative Processing Take?

There is no fixed timeline for SAO related administrative processing. Some cases are resolved in a few weeks, while others can take several months or longer. Factors that affect timing include:

  • The number of agencies involved in the background check
  • The complexity of your work or research field
  • Your travel and immigration history
  • Backlogs at the Department of State or consular posts

This uncertainty is why many applicants often seek our legal help to avoid unnecessary delays and make sure their case is properly documented.

What Should You Do If Your Visa Is Delayed Under 221(g) SAO?

If your visa is delayed under 221(g) administrative processing because of a Security Advisory Opinion (SAO), the most important step is to act strategically, not passively. Simply waiting without guidance can lead to months of uncertainty and missed opportunities. We know how SAOs work, what triggers them, and how to address consular concerns effectively. Our firm has successfully helped clients caught in 221(g) SAO delays by identifying red flags, preparing strong supplemental evidence, and, when possible, escalating cases with the proper agencies. With our guidance, you can take control of the process, reduce risks, and give your visa the best chance of approval.

How We Help Clients with 221(g) Administrative Processing and SAO

Our firm has successfully helped clients resolve visa delays caused by 221(g) administrative processing and Security Advisory Opinions. We know how to:

  • Review your case and identify what triggered the SAO.
  • Prepare and submit strong supporting documentation.
  • Work with consular officials to clarify concerns.
  • Provide strategies to minimize future delays in repeat applications.

We’ve assisted scientists, engineers, business professionals, and students in navigating these complex situations, ensuring that administrative delays don’t derail their U.S. immigration plans.

Turn a 221(g) Administrative Processing with SAO Into an Approval With Our Help

A visa refusal under 221(g) administrative processing with SAO can feel frustrating, but it does not mean your visa is denied. With the right legal guidance, you can better understand the process, avoid unnecessary mistakes, and in some cases, move your case forward more quickly.

If your visa is delayed because of 221(g) or a Security Advisory Opinion, contact our office today at 305-515-0613 or email info@messersmithlaw.com. We’ll evaluate your case, explain your options, and fight to get your application approved.