Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1, eligible Israeli nationals already in the United States in a lawful nonimmigrant status can file Form I-129, Petition for a Nonimmigrant Worker, to request a change of status to E-2 classification, or a qualifying employer can file the petition on their behalf.
Certain New Zealand nationals can now request a change of status to the E-1 nonimmigrant trader classification and the E-2 nonimmigrant investor classification under Public Law 115-226.
Discussion Topics: - AOS status through EB3 category - E2 Visa (Visa for Australian Citizens only) with spouse on E2D (E2 Dependent) with work not allowed - Dependant EAD (C36) - NOID in H1B-Extension - carrying green card while going to office, shopping, library etc.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 179 KB)changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.
WASHINGTON – The Department of Homeland Security (DHS) is proposing a rule to end a program that allows certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here, known as the International Entrepreneur Rule (IE Final Rule).
This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…
Note: Updated all of the regulations comments on 31 December 2015. I will keep adding, as needed.
Topics for Discussion, Thursday, 25 February 2016:
FAQ: Can I travel during the pendency of my (B-1, B-2 extension, H-1, H-4, H-4 EAD, L-1, L-2, I-130, I-140, I-485, I-485, Advance Parole, Reentry Permit etc.) case? When should I join my future green card employer, also recapturing time on L-1B; Can a denied H-1B petition make you cap exempt; Special immigration options for UK citizens; How to correct errors on a submitted Form DS-260.
Other: Effect of abandoned change of status from F-2 to F-1; Time for non-premium processing of H-1B employer transfer and process for H-4; Green card or status for autistic son; CSPA for family-based children and disclosing pending immigration application when applying for a student visa; Changing employers after I-140; OCI; The new I-140 regulations; Status when H-1 is denied; Options for addressing H-1 processing delays; Affidavit of support from a person domiciled outside the USA; H-1B extensions based upon old employer’s I-140; Cross chargeability; H-1B quota exemption, etc.
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
We successfully assisted a new client in filing an E-2 visa extension. The applicant was a national of a treaty country and was the 100% shareholder of the U.S. enterprise. Through extensive documentation, including contracts, invoices, financial statements, and detailed explanations of the evidence, we were able to show that the U.S. enterprise was a real and operating enterprise, and that the applicant had made a substantial, qualifying investment in the enterprise and put his personal investment at risk.
Release Date
03/18/2022
U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.
We assisted our client in filing an E-2 change of status application for treaty investor. USCIS issued an RFE requesting information to determine if petitioner met the general requirements for E-2 Treaty Investor, without specifying in the RFE which specific information was missing. The RFE also requested information about a prior filed EB-5 petition, and questioned whether the client was maintaining current nonimmigrant status.
FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
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Discussed: FAQ - H-1B Employee, telecommuting/working from home, Applying for H-4 EAD while H-4 is pending.
Also: TN working as independent contractor, unlawful presence proof of legal entry I-94, H-1B quota, physicians’ H-1, converting EB-3 to EB-2, I-130, H-1 extension, MSA and area of intended employment, changing consulate location for visa interview, naturalization, OPT and F-2, etc.
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
Radio Show Discussing Overview of the new I-140 EAD Regulations
Discussing I-140 EAD FAQ in community conference call
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
Discussion Topics, Thursday, 16 June 2016:
FAQ: Traveling on I-551 stamp and maintaining green card; Quota H-1 changing jobs before 1 October; EB-2 and how to find a company that sponsors green cards; How can employees save themselves from corporate fraud by employers; Correcting names discrepancy FNU LNU; Filing new green card if job changes; Filing new green card if job changes.
Other: Simultaneous green card through employment and marriage to US citizen; Options to stay in the USA after visa/status expires; H-1 travel to USA, quota exemption; Apply for F-2 or H-4; transfer H-1 pay stubs; Transfer H-1 after it expires; E-2 visa partnership; Tourist visa to maintain status, out of status; Emergency visa stamping; Priority date transfer; etc.
USCIS today announced (PDF) that, due to the Oct. 3, 2018, termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran, Iranian nationals are no longer eligible for E-1 treaty trader and E-2 treaty investor changes or extensions of status based on the treaty.
The U.S. Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) will publish a proposed rule in the Sept. 14, 2009 Federal Register that would recognize a Commonwealth of the Northern Mariana Islands (CNMI) specific nonimmigrant investor visa classification. This “E-2 CNMI Investor” status is one of several CNMI specific provisions contained in the Consolidated Natural Resources Act of 2008 (CNRA), which extends most provisions of federal U.S. immigration law to the CNMI.