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.
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.
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.
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.
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.
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.
If your case was denied at immigration court, you can reserve an appeal with the next appellate body, the Board of Immigration Appeals, located in Virginia. By reserving an appeal, the government and the immigration judge are made aware that you disagree with their decision and grant you the next thirty days to appeal.
Among the discussions regarding immigration systems in the US, President Trump has often spoken of the benefits of a points-based immigration system. While the entirety of the US immigration system has not been overhauled in favor of a points-based one, it is helpful to understand what the point-based immigration system entails and how it operates in other countries.
In the US, not all matters related to immigration require court time. In most cases, you have to fill out forms and file the correct documentation, which can itself be a lengthy task. However, if the decision for an application comes back negative and the applicant desires re-evaluation, the applicant must file an appeal. The appeal can eventually move to the Board of Immigration Appeals (BIA), which is the highest body that can apply immigration laws in the US, unless circumstances allow for the case to go through the appellate courts.
The decision to immigrate or change residency status are lifechanging choices and, for some, these choices can result in improved living conditions, if not a safer life. On the other hand, facing possible removal from a country can be just momentous, as removals can result in bans on re-entry and possible immigration statuses. As such, if a negative immigration decision is reached, and the applicant believes they still have a case for a positive verdict, the applicant can file an appeal.
When people think of the times they will need a lawyer, the scenarios that pop up usually involve criminal or civil cases. However, various situations arise that require the expertise and aid of a lawyer, and one of these is for immigration purposes. This article will provide a brief overview of the work an immigration lawyer does and the kinds of help they provide. Not all cases require a lawyer, but when it gets complex, a lawyer can be necessary.
The US Citizenship and Immigration Services (USCIS) has the ability to approve or deny immigration applications. Some think that rejection is final, but that is not necessarily the case. The applicant can appeal the decision to the Administrative Appeals Office (AAO). With the counsel of an experienced immigration attorney, there can be a possibility of a successful appeal.
Subscribe to Sethi & Mazaheri’s monthly newsletter and receive important immigration-related updates.