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Immigration Blogs

Artist Visa to Attend an Artist Residency or a Fellowship
Talent-Based Visas

Do I Need an Artist Visa to Attend an Artist Residency or a Fellowship?

Art residencies allow you to combine your passion for art with your desire to travel. But, exactly, what are art residencies? They are, in essence, designated locations around the world that provide time and place to live that is apart from the typical distractions. It’s a location where you may foster your creative process and learn new methods to work. However, residencies are about visiting new locations to do work; they’re also about viewing things through new eyes.

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What is F-1/H-1B Cap-Gap Extension?
Student Visa

What is F-1/H-1B Cap-Gap Extension?

The cap-gap extensions are given when students have pending or approved cap-subject H-1B petitions to remain in F-1 status during the cap-gap period. This would fill the gap, if any, between a student expired F-1 status and the beginning of H-1B status. 

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240-Day Extension Rule for O-1, P-3, H-1B, and L1 visa
Employment Visas

240-Day Extension Rule for O-1, P-3, H-1B, and L1 Visa

A 240-day extension rule is a process by which the employees are authorized to continue work for their employers in the US for up to 240 days while USCIS processes their renewal or extension petition, or until USCIS decides on your petition. Current regulations provide 240 days of continued work authorization to various nonimmigrant visa holders on timely filing of the petition by the employer. This rule applies to employment-based nonimmigrant visa holders. This article deals with eligibility and other details related to the 240-day extension rule for nonimmigrants. 

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Different Visa Options Available for Managers and Executives
Talent-Based Visas

Different Visa Options Available for Managers and Executives

Companies must build strong worldwide identities in this age of globalization. Businesses that want to expand outside their territorial boundaries must establish international bases and staff them with skilled, experienced administrators and executives. Visas are offered in the US for some qualified managers and executives to either make an intra-company move from their home base to a US-based office or allow new businesses to establish their business affiliations in the country. In this article, we will look at different visa options available for managers and executives, i.e., EB-1 visas, L-1 visas, and E visas. 

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PERM: Complete Guide to EB-2/PERM Process
Immigration Appeals

PERM: Complete Guide to EB-2 Visa and PERM Process

EB-2 or the Employment-Based second preference visa is granted in case the applicant holds an advanced or equivalent degree or a foreign national with exceptional ability and where the employers are willing to sponsor the applicant. There are three categories to be eligible for an EB-2 visa, namely, holder of an advanced degree (EB-2A), a person with an exceptional ability (EB-2B), or a person with a national interest waiver (EB-2C). If you are applying for the first two categories, a PERM process will be required. However, an exception is made in the PERM requirement if you are applying in the third category. In this article, we will see EB-2 visa and PERM requirements. 

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NIW: Complete Guide to the EB-2/NIW
Talent-Based Visas

NIW: Complete Guide to the EB-2/NIW

The Employment-Based second preference immigrant visa or the EB-2 immigrant visa is categorized into three types, namely, holder of an advanced degree (EB-2A), a person with the exceptional ability (EB-2B), or a person with a national interest waiver (EB-2C). The NIW or National Interest Waiver or EB-2C type of immigrant visa is a type of visa where foreign national requests for the waiver of the requirement such as the offer of employment and labor certification in the process of employment-based immigration. The jobs that qualify for this category are not defined by statute but are usually granted to applicants whose employment would greatly benefit the US. This is because the immigration of such foreign nationals would significantly contribute to the US’s national interest and the economy.

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B1 Visa and Its Benefits to Artists and Entertainers
Immigration Blogs

B1 Visa and Its Benefits to Artists and Entertainers

A B1 visa, or Temporary Business Visitor visa, is generally issued if the applicant has to participate in commercial or professional business activity in the US, which is temporary. In certain situations, a B1 visa could be used by the artists and entertainers to visit the US temporarily. It could benefit artists and entertainers to use a B1 visa since there is no requirement to petition USCIS. This helps them get the visa within less time, and the cost of getting a visa also decreases. This article discusses the B1 visa and its benefits to artists and entertainers, its procedure, and the documents required to get one.

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Form I-539
Immigration Appeals

Form I-539: What Happens if I Leave the Us Before My I-539 Application to Extend Status Is Approved?

A nonimmigrant may request and be granted an extension of stay in the United States by the USCIS. However, the extension is subject to requirements and circumstances, and the decision may differ from case to case. To extend the stay as a nonimmigrant worker in the US, one must file form I-539 for oneself and all the dependents, whereas their employer (if they sponsor the nonimmigrant visa) must file Form I-129.

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Applying for a Marriage-based Green Card
Green Card

Applying for a Marriage-based Green Card

There are tens of thousands of Americans who marry foreign spouses every year. As a result of the marriage, the spouse born outside of the United States becomes eligible for getting a green card based on their marriage. If you intend to live in the United States with your spouse, the next step you have to do is apply for a marriage-based green card. The green card will allow your spouse to travel and stay in the United States and later apply for US citizenship when they become eligible. In this article, we will see the adjustment of status through marriage with a US citizen or lawful permanent resident by applying for a marriage-based green card in the US. 

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O-2 Visa Category
Immigration Blogs

O-1 Visa Support Personnel: O-2 Visa Category and Evidentiary Requirements

O-1 visas provide opportunities for individuals with extraordinary abilities to come to the US. These individuals may not be alone and require assistance from trainers, support staff, or assistants. Keeping this in mind, the US has O-2 visas, which the support personnel can apply to support the O-1 visa holders. This article will talk about O-2 visa Category. 

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Green Card for TPS
Green Card

Green Card for TPS(Temporary Protected Status)

The United States protects nationals of certain countries if they have some safety concerns in returning to their home country because of circumstances such as armed conflict, natural calamity, or any other extraordinary circumstances endangering their safety. While in the protection, the individual is not restricted to change/adjust their status, and they can apply for a green card if they become eligible. We will discuss the procedure in detail. 

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Available Options if Your Immigration Process Is Taking Longer Than Usual
Immigration Appeals

Available Options if Your Immigration Process Is Taking Longer Than Usual

When you are applying for immigration, the Immigration processing may take longer than usual as the processing time for each application is different. The processing time of the immigration application is dependent on various factors, namely your application type, where the application has been applied, the immigration status of the sponsor, the center looking into your application, and the backlog at the particular center. There are field offices established to support the USCIS to deal with the large number of applications being filed.

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Change of Status vs. Adjustment of Status
Employment Visas

Change of Status vs. Adjustment of Status

Suppose you plan to travel to the United States on a nonimmigrant visa. In that case, you should know the difference between a change of your status and an adjustment of status. It is essential because many people mistakenly believe their meaning to be the same while they are not. In simple words, Adjustment of Status (AOS) aims towards adjusting your status as a lawful permanent resident, while the change of status is changing your nonimmigrant status to another nonimmigrant status. Let us try to understand the meaning of each term separately and in more detail. 

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How to Appeal an Unfavorable Immigration Decision
Immigration Appeals

How to Appeal an Unfavorable Immigration Decision

It is common for individuals to get disheartened when the decision is not ruled in their favor. Most of the time, people think that they have fulfilled all the visa requirements and paid the correct fees, and even then, the immigration decision is not in their favor, so they want to appeal the decision. Typically you can appeal the immigration decision to the Administrative Appeals Office, which hears appeals against the USCIS decisions. In this article, we will explore the brief procedure for appealing the USCIS decisions. 

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Difference Between E-1 and E-2 Visa
Immigration Blogs

Difference Between E-1 and E-2 Visa

E-1 and E-2 visa forms part of the E visa category, which is granted to treaty traders and investors visiting the US under a treaty of commerce and navigation between the US and their home country. In this article, we will see the key differences between both visas. 

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Green Card for My Spouse While Living Abroad
Family Visas

What Is the Process of Applying for a Green Card for My Spouse While Living Abroad?

Many U.S. citizens marry their life partners who are foreign nationals. They want them to obtain U.S. green cards to enjoy the benefits of being green cardholders. Some spouses are too busy in their work-life, family life, or other kinds of stuff that they cannot travel to the U.S. for their green card process. If you think this might be your case, do not worry about your spouse’s green card, USCIS allows your spouse to apply for a green card from outside the U.S. This article will see the process that can help you if you want your spouse to get a green card without coming to the U.S.

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Adoption and Immigration: Orphan Adoption Process
Adoption

Adoption and Immigration: Orphan Adoption Process

With globalization intercountry, adoption is also increasing. Thousands of US citizens have adopted children overseas in the last few decades. The process is not that simple, and sometimes the US citizens face difficulties in adopting an overseas child. Before adopting, you must be aware of the process, whether you are suitable and eligible to be an adoptive parent, or whether the overseas child is eligible to immigrate to the US. All these questions must be answered before, as USCIS will determine the eligibility of the parents and the child. In this article, we will look at the adoption aspect of US immigration laws. 

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Difference Between an Eb2 Visa and Eb2 NIW
Employment Visas

EB-2 Vs. NIW: Difference Between an Eb2 Visa and Eb2 NIW(National Interest Waiver) Visa Petitions

The United States provides foreign nationals to apply for employment-based green cards. Employment Visa – second preference(EB-2) visa is one of such categories. You can also apply for an EB-2 NIW(National Interest Waiver) petition to waive certain requirements that are mandatory in a regular EB-2 visa. This article will explain the differences between a regular EB-2 visa and an EB-2 NIW category visa. 

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O-1 Vs. Eb-1: Differences Between O-1 and Eb-1a Visa
Talent-Based Visas

O-1 Vs. Eb-1: Differences Between O-1 and Eb-1a Visa

Suppose you intend to reside in the US. In that case, your primary target should be to get your immigrant visa approved by the authorities. Many individuals come to the US on an employment visa. The US always welcomes aliens who possess extraordinary ability to come and work in the US. If you have that skill, you can either apply for an O-1 Visa or an EB-1 Visa. At times, it becomes crucial to know the difference between these two visas as that can impact your future stay in the United States. This article will explain the key differences between O-1 and EB-1A visa (Alien of Extraordinary ability). 

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B-1/B-2 VISA
Investment Visas

B-1/B-2 VISA

You might have to travel to the US to attend a business meeting or negotiate a contract in the US or might just want to enjoy the scenic beauty of the US. You can apply for temporary visits for specific business or tourism activities through B Visas. In this article, we will see what B Visas are and if they are suitable for you?

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How to Get an O-1 Visa Extension
Talent-Based Visas

How to Get an O-1 Visa Extension

Like an EB-1 immigrant visa, an O-1 visa is also for aliens who possess extraordinary abilities but are in the non-immigrant category. It is available for those who possess extraordinary ability in the sciences, arts, education, business, or athletics or who have demonstrated a record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.

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How to Apply for an Emergency Visa Appointment
Immigration Blogs

How to Apply for an Emergency Visa Appointment

Traveling to the US through the normal process may take some time. Because hundreds of applications are being processed every day, you should not wonder if you get a later date for your visa appointment. But at times, you may have to travel to the US urgently and may wonder how you can avoid long waiting times for visa appointments. In this article, we will discuss what is an emergency visa appointment and how you can apply for such an appointment?

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Consular Processing
Green Card

How Does Consular Processing Work After Approval of a Petition

You may have to go through a process known as Consular Processing if you want to come to the United States and get a green card for legal permanent residence. Depending on whether you are outside of the US or in the US, if your immigrant petition gets approved, you can choose consular processing to get your green card. 

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Preparing for N-400 Interview
Citizenship

Preparing for N-400 Interview

Obtaining a green card gives you certain rights, but you still miss out on all the benefits provided to a US citizen. Therefore green card holders often try to upgrade to US citizenship to avail all the benefits. If you are among those, then this article is a great read for you. This article will explain how Preparing for N-400 Interview which you have to take as a part of your naturalization process. 

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High Salary or Other Significantly High Remuneration
Talent-Based Visas

EB-1: High Salary or Other Significantly High Remuneration

If you think you have extraordinary skills, you must have thought of earning more than others in your field. Skills are directly related to your income, and USCIS considers this and will label your ability as “extraordinary” if your income is comparatively higher than others in your field. Sethi and Mazaheri Law firm brings you another article on the EB-1 series where we explain the ten criteria laid down by the USCIS for establishing your extraordinary ability. 

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Eb-1: Display of Your Work at Artistic Exhibitions and Showcases
Talent-Based Visas

Eb-1: Display of Your Work at Artistic Exhibitions and Showcases

Establishing your “extraordinary ability” can be a complex and bewildering process. As a petitioner, you want your petition for an EB-1 visa to get approved quickly. Still, you are unsure what three criteria you should target to fulfill the requirement laid down by the USCIS to demonstrate your “extraordinary ability.” For that, you must know the basic meaning of all the criteria and how you can satisfy each criterion’s elements. 

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EB-1 Criteria: Authorship of Scholarly Articles
Talent-Based Visas

EB-1 Criteria: Authorship of Scholarly Articles

US immigration law does not require a sponsor employer if you apply for an EB-1 visa under the noncitizen “of extraordinary ability” category. The burden to prove the “extraordinary ability” lies on the petitioner, and it is rather bothersome to find the proper criteria for yourself. Sethi and Mazaheri law firm has a motive to make US immigration laws simple. We have started a series where we would be explaining all the criteria laid down by the USCIS to demonstrate a noncitizen’s extraordinary ability. 

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I-485 Interview Preparation
Green Card

I-485 Interview Preparation

Did USCIS send you an appointment notice for your I-485 interview? Don’t get anxious about the interview; almost everyone who wants to adjust their status has to interview. Before making a final decision on your green card, the US immigration officials attempt to better know the applicant and the genuineness of the case by meeting them in person. Getting well prepared for the interview gives you the advantage of getting your green card approved. In this article, you will find the common questions asked at the I-485 interview and some tips you should consider before appearing for the interview. 

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Documents Checklist for Adjustment of Status Interview
Green Card

Documents Checklist for Adjustment of Status Interview

There are many additional benefits for a green card holder than for other nonimmigrant visa holders, like traveling freely within the US with fewer restrictions. Due to these benefits, many people go for adjustment of status, i.e., transitioning from a nonimmigrant visa to a green card. They have to file Form I-485 to adjust their status. The process of adjusting can be complex, and having correct documents accumulated and submitted may ease up the process. For that, you should have an idea what all documents you may require for your Form I-485. This article will prove a checklist of all such documents you may need to adjust your status. 

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All About Notice of Intent to Deny
Immigration Appeals

All About Notice of Intent to Deny

Are you relaxing that you have successfully filed your immigration petition and will soon enter the US? A Notice of Intent to Deny (NOID) can interrupt your happy time, and you may find yourself tangled in a complicated immigration issue. The best way to avoid any confusion is to know what a NOID is and what to do if you have received a NOID from the USCIS. This article provides detailed information to help you prevent confusion.

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How to Seek Asylum in the Us
Asylum

How to Seek Asylum in the Us

Every year, thousands of people who are either in the US or at the US border apply for asylum because they have suffered or have credible fear that they will suffer persecution in their home country based on race, religion, nationality, or membership in a particular social group or political opinion. If you are among one of them, then this article is right for you. In this article, we will discuss how an individual can seek asylum in the US.

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Immigration Judges' Power to Postpone Deportation Cases
Deportation Defense

Immigration Judges’ Power to Postpone Deportation Cases

On July 15th, 2021, in the matter of Cruz-Valdez (Respondent), Attorney General Merrick Garland overruled the decision in the matter of Castro-Tum in its entirety, given by Attorney General Jeff Sessions in 2018. The new ruling has reinstated the immigration judges’ power to postpone deportation cases if a decision or ruling is pending in the related immigration cases. This article will provide an insight into the previous ruling, the facts of the present case, and what was overruled. 

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Immigration Appeal: What It Is an and How It Works
Immigration Appeals

Immigration Appeal: What It Is an and How It Works

Has the USCIS denied your immigration application for the grant or extension of a visa? Are you unhappy or unsettled with the USCIS decision and are curious whether you can do anything or not? The answer is yes! You may be eligible to file an appeal or a motion on an unfavorable decision by an immigration department. This article will discuss the immigration appeal, your rights, and how you can file an immigration appeal. 

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EB-1: Participation as a judge of the work of others
Employment Visas

Eb-1: Participation as a Judge of the Work of Others

Employment-Based, First preference visa in the foreign-born of “extraordinary ability” category or an EB-1A visa has ten criteria laid down by the USCIS. As a petitioner, if you apply under this category, you either have to provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) or satisfy at least 3 out of 10 criteria.

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P Visa Classification
Talent-Based Visas

P Visa Classification (P-1, P-2, P-3, P-4)

The P visa is a temporary employment-based visa granted to foreign athletes, artists, entertainers, coaches, supporting staff, and their spouses and children to travel to the United States. The P visa is classified into P-1, P-2, P-3, and P-4 categories. This article will provide a brief about all the P visa classification.

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Immigration Judge Has The Authority to Grant a Request for The Waiver of Inadmissibility
Domestic Violence Visas

Immigration Judge Has The Authority to Grant a Request for The Waiver of Inadmissibility

The United States court of appeals for the fourth circuit on April 29, 2021, rules that an immigration judge(IJ) has the power to grant a request for the waiver of inadmissibility for the U visas. Jimenez-Rodriguez, who was placed in removal proceedings, was a severe accident victim and wants to corporate with law enforcement in punishing the offender. The USCIS rejected his application for waiving his inadmissibility for a U visa, and he requested BIA to allow him to present another waiver application in front of an IJ

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O-1 Visa Interview Experience and Appointment
Talent-Based Visas

O-1 Visa Interview Experience and Appointment

Are you a person possessing extraordinary abilities and have applied to enter the US on an O-1 visa? You must know that after USCIS has approved your visa application, you have to appear for a visa interview at the US embassy or consulate in most cases. This article will provide an insight into the O-1 visa interview and the common questions asked at the interview.

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