311J-1 Visa
J-1 Waiver for Russian Nationals: No Objection and Alternatives
Russian nationality alone does not determine whether INA §212(e) applies or whether a J-1 waiver will be granted. The first steps are to confirm the requirement and…
IMMIGRATION LAW · ANALYSIS · DEVELOPMENTS
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Immigration articles and legal analysis from The Messersmith Law Firm, P.A., addressing employment visas, permanent residence, inadmissibility, and other complex questions.
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312Administrative Processing
L1 Visa Stamping Delays
My company filed an L1 visa application for me which was approved in September of 2009. I went to apply for the L1 visa stamp in Madrid but…
313K-1 Visa
Can You File a K-1 Visa Petition After Five Divorces?
Having been divorced five times does not, by itself, automatically disqualify a US citizen from filing a Form I-129F petition for a foreign fiancé(e). But the petitioner…
314H-1B Visa
H-1B After ESTA or Visa Waiver Entry: Can You Change Status?
A job offer or approved H-1B petition does not itself give a Visa Waiver Program entrant H-1B status or extend the authorized stay. The filing and travel…
315H-1B Visa
Visa Waiver Entry Prior to H1B Start Date
My H1B visa was approved in June 2009 and my employment was supposed to start October 1, 2009. Due to slowing business at my company, my boss asked…
316H-1B Visa
H1B Visa Advertising Requirements
I would like to apply for an H1B visa but I have some concerns. I heard that my employer has to advertise for my position to make sure…
317Political Asylum
Can a Chinese National Qualify for Asylum Based on Family Planning Persecution?
A person from China who fears harm because of family-planning history may qualify for asylum in some circumstances, but having two children or being a Chinese national…
318L-1A Visa
L1A New Office Petition
My brother and I have a company in Brazil. We have 12 employees and an annual turnover of about $500,000 USD. I want to come to open an office…
319EB-1 Extraordinary Ability
Notice of Intent to Deny (NOID) Received in an EB1 Extraordinary Ability Petition
Thank you for providing this service. I have filed an EB1 application through another law firm and have received a notice of intent to deny NOID. I have about…
320EB2
EB-3 to EB-2: I-140 Upgrade, Priority Dates, and PERM
An approved EB-3 I-140 does not automatically convert to EB-2. The proposed EB-2 case must independently qualify, and priority date retention is separate from labor certification validity.