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USCIS Develops Tools to Help Foreign Entrepreneurs Create and Grow Businesses in the United States

12 years ago By Editor

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas marked a significant milestone for the USCIS Entrepreneurs in Residence (EIR) initiative by launching an online resource center today at the Martin Trust Center for MIT Entrepreneurship in Cambridge, Mass. The resource center, Entrepreneur Pathways, provides entrepreneurs who seek to start a business in the United States an intuitive way to navigate the immigration process.

Home Residency Requirement for Second Visa

12 years ago By Chief Editor

Question details

I got a J-2 visa and my wife on J-1 recently in which we have never travelled to US yet. Now my employer is ready to apply a L-1B for me and my wife L-2. Is this possible? Or will I be subjected to 2 years home stay restriction which is applicable for J visa without travelling on J. Will it be a problem in US consulate when I appear for L-1 visa as me and my wife have J-2 and J-1?

If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.

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Applying for TD visa for wife of TN Visa Holder

12 years ago By Chief Editor

Question details

I am a Canadian citizen and recently started working in USA with a TN visa. I am planning to get married soon but wife is not from Canada, she is from Bangladesh, Can I apply for a TD visa for wife and how long is the process? Is it possible to bring wife with me after marriage? Also, Is it also possible to sponsor wife to become permanent resident of Canada while I am on TN status visa?

She has to get a TD visa through a US consulate (either Bangladesh or Canada is ok). It should be a relatively short process -- from same-day to a few weeks, depending upon what the consulate needs. We do not practice Canadian law, so I do not know what you can do on the Canadian side, but US immigration laws have no problem with you applying for her Canadian immigration while on TN/TD.

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Starting a Business on J-2 Visa

12 years ago By Chief Editor

Question details

I will have a J-1 visa when I come to the US, can my spouse on J-2 start a sole proprietorship as consultant? Would he have to get the EAD first? He will work for the same company as he works for now, only as a consultant.

Under the law (8CFR 21A.2(j)(1) (v) (A)), a J-2 holder may use the earnings to support the J-1 visa holder. The earnings must be used for the “Family's customary recreational and cultural activities and those related travel.”

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Reentry Permit Process

12 years ago By Chief Editor

Question details

My son is in our country Philippines studying in college & his Reentry permit will expire on March 17,2013. We are planning to return him on December during their Christmas vacation & also to re-apply or renew his reentry permit that month. My question is: Would it be allowed to submit re- entry application that month & how long would it take because he needs to go back to Philippines on the 1st week of Jan'13. Is it allowed to renew permit in the Philippines or you need to go back to US to renew?

The permit can only be renewed in USA. He has to be in US for two things: first to file the application; and second, a few weeks later, appear for biometrics. USCIS may expedite biometrics. Check into that.

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Adjustment of Status from H-4 to H-1

12 years ago By Chief Editor

Question details

I may be travelling US on H-1B next year with my spouse on H-4. Is there any possibility to find a job in US for my husband through H-1B sponsor by some consultants and how much risk is involved in this?

As long as there is quota remaining on the H-1B, the law permits change of status from H-4 to H-1. And, if the H-1 is denied, that does not affect the existing H-4. So, no legal risk that I can see.

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Green Card Applications through Sister and Brother

12 years ago By Chief Editor

Question details

Sister is US citizen and applied for me in 1989. But I have not got any information yet. My brother again applied for me in 2009. Is there any opportunity for me to get visa earlier as applied previously?

Continue through your sister. That seems to be the best option. Brother's application can stay pending. It need not be withdrawn.

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Green Card through Consular Processing with Approved I-140

12 years ago By Chief Editor

Question details

Question 1. I have done MS from US and worked on H-1 for 5 years. Started GC process, I-140 approved with Priority date May 2011. Came to India for H-1 stamping and it was denied twice. If I apply for my H-1 and if I don't get H-1, then can my employer continue processing my GC through Consular Processing when I am in India. Also is there any law stating that my employer can not keep the I-140 when my H-1 has been expired & if it so then for how long can my employer keep my I-140 active?

Question 2. If my employer revoke my I-140 & if I come to US on any other visa, then Can I process my GC and port the PD ?

Answer 1. As long as the job offer exists and the employer is capable of paying the wages, the green card process can go on, even though you are not in USA. You should discuss this matter in detail with your lawyers to better understand the implications. Also, I-140's do not expire.

Answer 2. PD can be ported even if the 140 is revoked by employer. I have a video on this issue

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DOL Releases Updated PERM, H-1B, H-2A, H-2B, And Prevailing Wage Data For Q4

12 years ago By Editor

In carrying out its responsibility for the processing of labor certification and labor attestation applications, the Office of Foreign Labor Certification (OFLC) generates program data that is essential both for internal assessment of program effectiveness and for providing the Department's external stakeholders with useful information about the immigration programs administered by OFLC. In line with the Department's commitment to the Open Government initiative and specific regulatory disclosure requirements, this page includes program information organized in three main categories: 1.

USCIS Reminds Eligible Nationals of Haiti to Re-register for Temporary Protected Status

12 years ago By Editor

Eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) who currently have Temporary Protected Status (TPS) must re-register for TPS by November 30, 2012. Failure to re-register by this deadline may result in the loss of your TPS status. If you re-register after November 30 2012, you must provide good reason you could not re-register on time such as hardship due to Hurricane Sandy.

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