When USCIS processing runs long, an H-1B employee’s I-94 can expire while their petition is still pending. In many cases, the employee can keep working legally during that wait, but the employer has to update Form I-9 correctly to show it. The rules depend on what kind of H-1B petition you filed. Below, we walk...
Immigration Blog
Many people assume you need millions of dollars or a green card to own and run a business in the United States. You don’t. We recently helped an entrepreneur from Canada get an E-2 Treaty Investor visa for himself, his spouse and their two children, so the family can move to Texas and build his...
If you’re a U.S. citizen engaged to or married to someone who lives abroad, there are two main ways to bring your partner to the United States. The K-1 fiancé(e) visa lets your partner enter the U.S. to marry you. The spousal visa is for couples who marry first, and then your spouse arrives as...
We get this question a lot from employers. The certified LCA lists $85,000. The employee has been paid $100,000 for two years. Business slows, a major account goes away, and the employer asks the obvious question: can we go back down to the $85,000 we certified? Usually the answer is no. The LCA wage is...
One day before it was set to take effect, a federal district court blocked the DHS rule ending “duration of status” (D/S) for F-1, J-1, and I nonimmigrants. On September 14, 2026, Judge F. Dennis Saylor IV (D. Mass.) entered a nationwide preliminary injunction barring DHS and ICE from implementing the rule while the litigation...
On September 11, 2026, DHS published a new rule in the Federal register titled “Eliminating the Discretionary 60-day Grace Period,” with comments due 60 days later, which puts the deadline at November 10, 2026. The short version: if this rule is finalized as drafted, a nonimmigrant worker whose employment ends is out of status and...
Last October I wrote about the Supreme Court declining to hear Save Jobs USA v. DHS, and I said at the time that the decision did nothing to stop a future administration from revisiting the program through new regulatory action. That is exactly what is now happening. DHS has placed a rule on the Unified...
For EB-5 investors pursuing permanent residence through the Regional Center Program, September 30, 2026, is an important date. It is tied to the statutory grandfathering protection created by the EB-5 Reform and Integrity Act of 2022 (RIA). This does not mean that the entire EB-5 Regional Center Program automatically disappears on September 30, 2026. The...