Chris Prescott

Consular Processing versus Adjustment of Status for Spouses For many foreign nationals married to U.S. citizens (USC) or lawful permanent residents (LPR), the ultimate goal is to obtain permanent residency in the United States. However, the process of achieving this status can vary significantly depending on whether the individual pursues Consular Processing or Adjustment of...

Permitted Activities on H-1B Status While Being a Member of a Multi-Owner LLC The H-1B visa is a non-immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations. This visa is highly sought after by skilled professionals from around the world, as it provides a pathway to work and potentially...

The E-2 visa is an excellent pathway for investors from treaty countries to enter the U.S. and manage their own business. One of the key aspects of securing an E-2 visa is demonstrating a substantial investment in the U.S. enterprise. However, many prospective applicants are unsure if they can use loans to meet the investment...

For many foreign workers in the United States, the H-1B visa program represents an opportunity for professional growth and career advancement. However, navigating the intricacies of the H-1B transfer process can be challenging, especially if you find yourself in a situation where you’ve been benched for an extended period.  Being “benched” refers to a scenario...

Family reunification is a core principle of the U.S. immigration system, allowing American citizens and lawful permanent residents (green card holders) to sponsor their close relatives for green cards. This process can be complex, with various visa categories and specific requirements. In this comprehensive guide, we’ll explore who can petition for family members, the different...

In January we reported that USCIS had agreed to this as part of a major settlement. If you file the applications together, they will adjudicate H-4, H-4 EADs, and L-2 with the I-129 (H-1B or L-1). Despite the agreement under the Edakunni settlement, the H-4/L-2 are not always processed in tandem with the principal Form...

As an experienced Immigration Attorney, I have been drafting PERMs for IT staffing companies for over a decade.  However, recently the Department of Labor (DOL) began questioning my travel requirements, despite no changes in the law etc. In cases where employees work at client locations through an IT staffing company, I typically list the employer’s...

Can someone on DACA apply for a green card? DACA is not a lawful status. But that doesn’t mean that someone with DACA cannot get a green card. DACA applicants’ pathway to a green card depends on their application basis. There is a big difference between someone on DACA applying for a green card through...