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...
Chris Prescott
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...
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...
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...
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...
The U.S. Department of State has announced that, beginning December 15, all H-1B and H-4 visa applicants will now undergo an online presence review, a screening measure previously required only for F, M, and J students and exchange visitor categories. Expanded Social Media Review Requirements Applicants in the H-1B, H-4, F, M, and J visa...
The L-1A visa is a key option for multinational companies that wish to move an employee from a qualified foreign company to a U.S. office. A foreign company can also utilize the L-1A when sending a foreign employee to the U.S. to establish a new U.S. office. As opposed to H-1B temporary worker visas, L-1...
Canadian citizens enjoy unique treatment under U.S. immigration law, but that does not mean they are exempt from inspection, time limits, or documentation rules. Recent enforcement trends underscore the importance of understanding how Customs and Border Protection (CBP) handles admissions, I-94 records, and visitor intent at the border. This article provides an overview of visa...