Filing O-1A Extraordinary Ability Visas: Do's and Don'ts

How to avoid mistakes and craft a successful O-1A petition.

Ekaterina PowellMarch 22, 2018O-1A visa, O-1 immigration lawyer, O-1 attorney, mistakes in O-1A, O-1A visa business, O-1 visa technology, O-1 visa startup, Business Immigration Attorney, California, Los Angeles, San Francisco, Silicon ValleyComment

Timur's O-1A Petition for Extraordinary Ability in Web Technologies & Mobile App Development

Another example of a successful case we have handled, this one dealing with a client's extraordinary ability in web technologies and application development.

Ekaterina PowellMarch 15, 2018Immigration Law, Business Immigration Attorney, O-1A Visa, Web Technologies, App Development, San Diego, San Francisco, Silicon Valley, Los Angeles, CaliforniaComment

Dealing with Claims of Abandonment of LPR Status

CBP will often use frequent travel as an unjustified assertion for abandonment of LPR status.

Ekaterina PowellMarch 9, 2018Lawful Permanent Residents, LPR, Traveling Abroad, Abandonment, Form I-407, Indadmissability, CBP, Customs and Border Protection, California, Business Immigration Attorney, San Diego, San Francisco, Los Angeles, Silicon ValleyComment

New Guidance on H-1B Petitions for Third-Party Site Workers

The H-1B specialty occupation visa process has undergone another overhaul, at least when it comes to third-party workers.

Ekaterina PowellMarch 5, 2018H-1B Specialty Occupation Visa, Third-Party Workers, United States Citizen and Immigration Services, USCIS, Itinerary, Labor Condition Application, LCA, US, Employers, Employees, Business Immigration Attorney, San Diego, California, Los Angeles, San Francisco, Silicon ValleyComment

Supreme Court Rejects DACA Case for Now

The DACA program will remain in effect past the original March 5th deadline until the matter reaches its legal conclusion.

Ekaterina PowellFebruary 26, 2018Deferred Action for Childhood Arrivals, DACA, Supreme Court, The White House, Trump Administration, 9th Circuit Court of Appeals, Senate, Congress, California, San Francisco, San Diego, Silicon Valley, Business Immigration Attorney, Los AngelesComment

The Senate's Failure to Secure a Deal for Dreamers

Even after their best chance at doing so, the Senate has failed in securing a DACA fix. What happens now?

DACA Renewal Clinics

Because of a court decision delaying the termination of the DACA program, recipients should renew their protected statuses while they still can.

Ekaterina PowellFebruary 20, 2018Deferred Action for Childhood Arrivals, DACA, American Immigration Lawyers Association, AILA, Business Immigration Attorney, Los Angeles, California, Silicon Valley, san diego immigration attorney, San Francisco, San DiegoComment

USCIS Now Accepting Credit Cards for All Fee-Based Forms

At long last, USCIS is accepting credit cards for filing fees on all applicable forms.

Ekaterina PowellFebruary 15, 2018United States Citizen and Immigration Services, USCIS, Credit Cards, Form Filings, Form G-1450, Naturalization, Green Cards, Visas, Business Immigration Attorney, San Francisco, San Diego, California, Silicon Valley, Los AngelesComment

Public Charge Rulemaking Draft Expands Grounds for Inadmissibility

Before, only non-cash oriented government programs would be weighed in determining one's likely status as a public charge. A new rule may change that.

Ekaterina PowellFebruary 14, 2018public charge, government programs, government assistance, Adjustment of Status, immigration visas and green cards, Department of Homeland Security, United States Citizen and Immigration Services, USCIS, DHS, Business Immigration Attorney, Inadmissibility, California, Silicon Valley, Los Angeles, San Diego, San FranciscoComment

10 Tips for a Successful L-1A New Office Extension

Ten tips for attaining a successful L-1A new office visa extension.

Ekaterina PowellFebruary 8, 2018L-1B, L-1A New Office Petition, Visa Extensions, Immigration Attorney, Managers and Executives, Business Immigration Attorney, San Francisco, San Diego, California, Silicon Valley, Los AngelesComment

Undocumented Business Owners Under U.S. Immigration Law

While any undocumented immigrant is subject to deportation, whether or not it is illegal for such an individual to own and operated his or her own business is a more complicated matter, and one that has not been adequately addressed.

Ekaterina PowellFebruary 6, 2018Undocumented Immigrants, Business Owners, Immigration Reform and Control Act of 1986, Employers, Employees, Immigration and Nationality Act, IRCA, INA, Business Immigration Attorney, California, Los Angeles, San Diego, Silicon Valley, San Francisco, EconomyComment

The White House Immigration Framework and its Implications

The White House has released its framework providing a comprehensive DACA fix, but it is combined with a slew of demanded concessions that will prove difficult in finding a foothold within Congress.

Ekaterina PowellJanuary 31, 2018Deferred Action for Childhood Arrivals, DACA, Immigration Reform, Border Wall, Trump Administration, Republicans, Democrats, Chain Migration Myth, Diversity Visa Lottery, Familiy-based Immigration, Business Immigration Attorney, San Diego, California, Los Angeles, San Francisco, Silicon ValleyComment

Success Story: George's Petition for the EB-2 National Interest Waiver in Internet Technologies

No case is clear cut, and demonstrating exceptional ability to USCIS is no easy feat, but a good strategy can do wonders. Here is one such case in which an exceptional entrepreneur without an advanced degree was successfully granted the EB-2 National Interest Waiver.

Ekaterina PowellJanuary 24, 2018EB-2 Visa, EB-2 NIW Green Card, Green Card, National Interest Waiver, Internet Technology, IT, Exceptional Ability, Entrepreneurs, Startup Immigration, Business Immigration Attorney, San Diego, San Francisco, Los Angeles, Silicon Valley, Information TechnologyComment

H-1B Wage Level 1 RFEs: Specific Actions to Take

USCIS has adopted the inappropriate practice of using wage levels to help determine whether a H-1B position is a specialty occupation. Here are some specific actions petitioners may take in securing a favorable outcome.

Ekaterina PowellJanuary 19, 2018H-1B Specialty Occupation Visa, Department of Labor, DOL, USCIS, United States Citizen and Immigration Services, Wage Levels, Labor Condition Application, LCA, Education, Employment-Based Visas, Degree, Business Immigration Attorney, San Diego, San Francisco, Silicon Valley, Los AngelesComment

Strategies for Combating Level 1 Wage RFEs for H-1B Petitions

Each and every argument USCIS uses in justifying its use of wage levels to determine an H-1B position's specialty occupation eligibility is propped up by flaws that, if appropriately expounded upon, may assist in obtaining a favorable adjudication.

Ekaterina PowellJanuary 16, 2018H-1B Specialty Occupation Visa, Department of Labor, USCIS, DOL, United States Citizen and Immigration Services, Wage Levels, Business Immigration Attorney, LCA, Labor Condition Application, San Diego, San Francisco, Los Angeles, Silicon ValleyComment

USCIS Now Issuing H-1B Specialty Occupation RFEs Due to Low Wage Levels

In a startling new trend, USCIS has begun issuing RFEs to H-1B petitions claiming Level 1 and 2 wage levels. What has led to this sudden occurrence, and is there any reasonable justification?

Ekaterina PowellJanuary 15, 2018H-1B Specialty Occupation Visa, Business Immigration Attorney, Requests for Evidence, Trump Administration, Employment-Based Visas, Wage Levels, Job Zones, USCIS, Department of Labor, United States Citizen and Immigration Services, American Immigration Lawyers Association, San Diego, Los Angeles, Silicon Valley, San FranciscoComment

USCIS Rescinds Deference to Prior Approvals in Deciding Visa Extensions

As of a new policy memorandum, USCIS will no longer simply defer to prior petition approvals when adjudicating subsequent requests for nonimmigrant visa extensions. This has already resulted in numerous complications, and all nonimmigrants interested in filing an extension of status should prepare themselves.

Ekaterina PowellJanuary 4, 2018Deference, Nonimmigrant Visas, Nonimmigrant Petitions, Nonimmigrant Extension of Status, L-1B, Policy Memorandum, Immigration Attorney, Business Immigration Attorney, San Diego, Los Angeles, Silicon ValleyComment

California: The Golden State Becomes a "Sanctuary State"

Of the emergent issues since the presidential campaign of 2016, the status of so-called sanctuary cities are among some of the most politically volatile. With the coming of 2018, California has taken the next incendiary step of becoming the country's first sanctuary state.

Ekaterina PowellJanuary 2, 2018Sanctuary Cities, Sanctuary State, California, Governor Jerry Brown, immigration, Undocumented Immigrants, Trump Administration, DACA, ICE, Immigration Attorney, Business Immigration Attorney, San Diego, Los Angeles, Silicon ValleyComment

Know Your Rights: Dealing with ICE

"Felons, not families," were words once used to describe America's platform confronting undocumented immigrants. Now it seems that just about anyone may be targeted. That is why, if you are a vulnerable immigrant within this nation, it is absolutely essential that you know your rights should you ever find yourself in a fateful encounter with ICE.

Ekaterina PowellDecember 28, 2017Trump Administration, ICE, Immigration, Immigration Attorney, Rights, Undocumented Immigrants, Los Angeles, Silicon Valley, San DiegoComment

The Pitfalls of Changing Status to the F-1 Student Visa

There are often cases in which a nonimmigrant in the U.S. decides that he or she wishes to attend school or enroll in an educational program and therefore change status from one nonimmigrant category to an F-1 student visa. If the person is qualified, obtaining such a change of status should be simple enough. So why isn't it?

Ekaterina PowellDecember 26, 2017Change of Status, F-1 Student Visa, B-1, B-2, USCIS, Extension of Status, Immigration Law, Immigration Attorney, Education, Form I-539, Form I-20, San Diego, Los Angeles, Silicon ValleyComment

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