Chris Prescott

EB-1A (Extraordinary Ability) is an immigrant visa category for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. It is designed for individuals who have risen to the very top of their field and whose achievements have been recognized at a national or international level. One of the key advantages...

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Premium Processing is an optional service offered by U.S. Citizenship and Immigration Services (USCIS) that allows certain immigration petitions to be adjudicated on an expedited timeline in exchange for an additional government filing fee. When Premium Processing is requested, USCIS guarantees action on the case by issuing an approval, denial, request for evidence (RFE), or...

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The FY 2027 H-1B lottery is approaching fast.  But what will this year’s lottery look like?  Will there even be a lottery? To qualify for an H-1B, employers are required to submit an electronic registration on behalf of potential candidates.  Each year there is a total of 85,000 visas available, 65,000 of which are reserved...

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Our firm has recently seen a notable increase in Requests for Evidence (RFEs) in I-140 petitions where the beneficiary is being paid at or above the proffered wage, yet USCIS continues to question ability to pay based on negative net income reflected on the employer’s tax returns. While submission of tax returns is required under...

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Recent federal actions have significantly expanded both U.S. travel restrictions and U.S. Citizenship and Immigration Services (USCIS) adjudication policies affecting foreign nationals from designated countries. These changes have immediate and far-reaching implications for visa applicants, employers, and individuals with pending or approved immigration benefits. On January 1, 2026, the White House implemented an expanded travel...

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The Trump administration is once again going after the H-1B program and has now introduced a rule that will radically change the H-1B lottery for FY 2027. Background Every March foreign nationals enter the H-1B cap lottery in the hopes of competing for an H-1B to either begin employment in the United States or transition...

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In a significant legal development affecting U.S. immigration policy and employer hiring strategies, a federal district court in Washington, D.C. has upheld the Trump administration’s controversial $100,000 fee on certain H-1B visa petitions, rejecting a legal challenge brought by the U.S. Chamber of Commerce. The business lobby has since filed an appeal and continues to...

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What is a Conditional Permanent Resident (CPR)? A CPR holds a 2-year green card that requires removal of conditions before it can be converted to a standard 10-year green card. This ensures that the marriage that formed the basis of your residency was bona fide and not entered into solely for immigration purposes. How do...

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