Recording for December 05, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
Topics Discussed:
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Updated Policy Manual Guidance on O-1 Nonimmigrants of Extraordinary Ability
On Jan. 8, 2025, U.S. Citizenship and Immigration Services issued guidance in the Policy Manual, Vol.
U.S. Embassy in Paris Announces Changes in NIV Appointment System
As of July 29, 2012, all non-immigrant visa applicants must fill in the DS 160 application form and pay the MRV fee through purchase of a mandat compte before scheduling an appointment. The reference numbers of both the DS 160 and the mandat compte must be provided at time of scheduling.
Important notice
Recording for September 26, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
FAQs: EB-2 NIW I-140 portability for employer-sponsored cases || Concerns regarding nonpayment of wages and potential H-1B impact || Maintaining LPR status (Green Card) during extended absences for employment || Rising NIW rejection rates: Examining changes in eligibility criteria
Recording for February 20, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
Entrepreneur. Can I start a company on STEM OPT? O-1A visa and maintaining legal status
Question details
I have a specific question about building a startup in the US. I am currently on a STEM OPT (expires Sep, 2026), and am currently unemployed. My unemployment days (90 + 60) run out around April 30. I want to build a startup as a solo founder in the tech space, and go the O1A route.
My question is, can I start a company as a solo founder? What if I create a board to show employer-employee relationships? I am planning on raising money and also applying for grants as I build out the product and acquire users.
Alternatively, I am part of another company with two American cofounders (I have <40% equity), but we have no revenue as of yet. Can I leverage my involvement with that company to maintain legal status?
Answer: You can start a company as a solo founder and pursue an O-1A visa, but there's no guarantee of approval. While structuring your company with a board to show an employer-employee relationship might work for O-1A, it won't work for STEM OPT unless someone senior is supervising you. Involvement in another company with American co-founders and less than 40% equity doesn't directly help maintain legal status, except possibly for the O-1A visa or considering CPT.
FAQ Transcript
You can start a company as a solo founder and pursue an O-1A visa, but there's no guarantee of approval. While structuring your company with a board to show an employer-employee relationship might work for O-1A, it won't work for STEM OPT unless someone senior is supervising you. Involvement in another company with American co-founders and less than 40% equity doesn't directly help maintain legal status, except possibly for the O-1A visa or considering CPT.
Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application?
Question details
I was involved in a car accident 2 years ago and got a traffic misdemeanor ticket that was reduced to illegal parking and 200$ fine from court. There was No Arrest & No Hearing. Given the current crisis, I would like to know whether it will impact my visa or immigration cases. If yes, how can we avoid those problems?
Related FAQs:
FAQ: Immigration impact of past omission or errors in Form DS-160 or other government forms.
I am a mechanical engineering PhD student in PA on an F1 visa from a ROW, with no travel ban. Came to the US in Dec 20XX.
When applying F1, made a mistake in DS-160, said i never applied to immigrant visa before though I had applied to DV (DV rejected). I only said so without realizing DV is also called an immigrant visa (I thought it was company sponsor, marriage, etc.); it was an innocent mistake. I realized it last week in an immigration seminar at uni. I also applied for DV after arriving in the USA.
I-20 ends in 12/20XX, F1 ends in 11/20XX, and the passport ends in 2032. Will travel be an issue before 11/20? How likely is it that a random check will reveal this mistake without traveling? I'll tell the truth when asked, but what are the consequences? What can I do?
For OPT, STEM OPT, or if I need extra PhD time and graduate in 2028, will it be a problem if I extend the I-20 duration? Or if I switch to another US uni next semester?
NIW prepared DIY, ready to file, but unsure because it is an immigrant visa, similar to DV. Wanna do PP, with approved I-140, can I get OPT or stem opt (before filing 485)? Should I go home for a visa extension, or can Mexico/Canada do it?
FAQ: Immigration impact of prior dismissed Domestic Violence case
I had a domestic violence case 5 years ago, which was dismissed. With the new government now and the news about visa denials and deportations, can you please tell me your thoughts on if there will be any problems with my stamping even if I get the stamping done successfully, will there be challenges entering into the US in the port of entry?
Or there are no changes in how visa processing is handled for people with dismissed domestic violence cases. Thank you for your guidance.
FAQ Transcript
Minor past infractions, even those reduced to non-criminal violations like illegal parking, are causing concern for visa applicants. Here's a breakdown:
- Non-immigrant visas (B1/B2, F/J): These are the most vulnerable. Even minor issues can be raised during visa stamping due to a shift in the US government's stance, though denial based on a reduced traffic misdemeanor is unlikely. The impact on already issued visas is still unclear and is being litigated.
- Work visas (H, L, E): These are less likely to be affected by minor past incidents.
- Green cards: Generally, only more serious issues, like drug convictions or multiple convictions, pose a problem.
- Citizenship: Good moral character is required, but incidents outside the 5 years preceding the application usually aren't a major concern, and rehabilitation can be a factor.
Regarding the specific question about a traffic misdemeanor reduced to illegal parking with a fine:
- Immigration impact: It should not impact your immigration status (deportability/inadmissibility).
- Visa impact: While the government might cause a delay during stamping, they should not deny your visa based on this.
Crucially, it is recommended to consult with a lawyer specializing in deportation/removal defense (with at least 10-15 years of experience) in the state where the incident occurred to understand the specific potential impact on your case. Dismissals can sometimes have immigration consequences even if they aren't criminal convictions.
Guestbook Entry for MVB, United States
Name
MVB
Country
United States
State
WA - Washington
USCIS Updating Policy to Protect Women’s Sports
Release Date
08/04/2025
Policy enhancements aim to prevent aliens who are males from being authorized to participate in women’s sports in the United States
Guestbook Entry for Sanjay Chaudhary , United States
Name
Sanjay Chaudhary
Country
United States
State
NY
M.B.B.S., O1
We won an O1 Visa for the applicant who is known world wide for his expertise is in the area of solid organ transplant pathology. He was working as a surgeon at a prestigious institute. We offered evidence to show that he is part of the small percentage in his field that have achieved the highest level of success and thus is known throughout the world as one of the best surgeons in his specialty. We submitted opinion letters from various world-renowned experts describing the innovative and pioneering results of this applicant's work.
Nonimmigrant Visas
National Hockey League (NHL) and Vermont Service Center Meeting
The National Hockey League (NHL) requested USCIS to hold a teleconference during its annual conference. During that teleconference, NHL counsel posed several questions to USCIS. The question and answers are provided below (see attachment) for the benefit of interested stakeholders.In order to avoid repetition in the answers, USCIS notes that it stated several times that each petition mustestablish visa eligibility on its own merits. The Vermont Service Center (VSC) does not maintain acentral document depository for O and P nonimmigrant visa petitions.
O1 followed by EB1 - Outstanding Researcher
We first obtained an O1 for this applicant by identifying his talents and expertise to be a cut-above his colleagues with similar educational and work experience. This applicant received a prestigious international award which set him apart from other research scientists in his field. He was noted for ground-breaking work in drug addiction research. We obtained recommendation letters from world experts and they noted that this applicant was one of the few researchers in the field who had achieved the highest level of success and had become
Nonimmigrant Visas
Profession/Occupation
O Visa Services and Fees
Fee schedule for O classification (USCIS requires all filing fees to be paid EITHER via ACH Transaction or Credit card)
| Fee Type | Amount |
|---|---|
| Legal fees payable to our Office at the commencement of the case | $5,200 |
| Fedex Expenses | appx. $100 |
| Filing fees to the USCIS ( Form I-129): |
$1,055 (for companies with 26 or more employees) |