Lawyer Linh

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U.S. Immigration and the 3 Ps – Processing Times, Policy Changes, and the President

U.S. Immigration has been a hot-button issue, and since this new administration, we’ve seen a huge shift in policies within our immigration system.  Everything that has happened has made practicing…

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July 16, 2018

The Coronavirus (COVID-19) and the Impact on U.S. Immigration

The coronavirus has been a top news story for the past several weeks, and it has had an impact on many things such as travel, people buying supplies in anticipation…

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March 6, 2020

Why Could Your Case Be Taking So Long? USCIS Processing Delays Remain at Crisis Level

Nationwide, you and millions of families, businesses, and individuals applying for immigration benefits are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve applications and petitions.…

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September 24, 2021

The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy

I want to preface this post by saying that all three of these agencies are involved when a family member or employee is being petitioned for, and that person is…

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September 14, 2021
  • Visa Bulletin

    October 2019 Visa Bulletin

    September 19, 2019 /

    The U.S. Department of State publishes a visa bulletin every month that shows where they are in the process of issuing green cards. This bulletin allows people to see how long it could be before a visa becomes available for them to be able to apply for their green cards. Here is the October 2019 visa bulletin.  You can also click here to see it. FAMILY-SPONSORED PREFERENCES Final Action Dates Dates for Filing Family-Sponsored Visa Applications EMPLOYMENT-BASED PREFERENCES Final Action Dates Dates for Filing of Employment-Based Visa Applications The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each…

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    Linh

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    Specialty Chefs and Green Cards

    June 17, 2019

    December 2018 Visa Bulletin

    November 29, 2018

    June 2019 Visa Bulletin

    May 23, 2019
  • Family-Based Immigration,  Policy Change

    What You Need to Know About the New Public Charge Rule Effective 10/14/2019

    September 3, 2019 /

    **UPDATE: On October 11, 2019, federal judges in New York and California ordered a nationwide block, which prevented the rule from going into effect. On January 27, 2020, the U.S. Supreme Court decided that this rule can go into effect. USCIS announced that they will begin implementing this rule starting February 24, 2020.             A major change is happening starting on October 14, 2019, for those applying or adjustment of status (green card), change of status, and extension of status.  Applicants will have to prove that they are self-sufficient and will not become a public charge.  In other words, people who are applying for a green card, change of status,…

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    Linh

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    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021

    I-601A Waiver – What You Need to Know

    July 10, 2018
    fiancee visa spouse visa adjustement of status

    Understanding the Spouse Visa and Fiancé(e) Visa

    July 23, 2018
  • Employment-Based Immigration,  PERM,  Visa Bulletin

    Specialty Chefs and Green Cards

    June 17, 2019 /

    Did you know that if you are restaurant that specializes in a certain type of cuisine and need specialty chefs who have at least two years of chef experience in that cuisine, you may be able to petition for that  chef to immigrate to the U.S. to get his or her green card (AKA lawful permanent residency)? A common issue I have heard among restaurant owners is the inability to find qualified chefs who have the experience and knowledge to cook the restaurant’s specialty dishes.  However, there is a solution to this ongoing problem.  There is a caveat to this, which is the understanding that it is not a process…

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    Linh

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    Overview of the H-1B Visa and Why They May Be Getting Harder to Get

    July 5, 2018

    Overview of the L-1A Visa – Intracompany Tranfers

    September 21, 2018

    The PERM Process – Getting U.S. LPR Status Through an Employer

    July 13, 2018
  • Visa Bulletin

    June 2019 Visa Bulletin

    May 23, 2019 /

    The U.S. Department of State publishes a visa bulletin every month that shows where they are in the process of issuing green cards. This bulletin allows people to see how long it could be before a visa becomes available for them to be able to apply for their green cards. The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each year. This amount has not been increased in decades, and the number of people who have applied to get a green card has far exceeded the number of visas available, which has created a backlog. For certain types…

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    Linh

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    October 2019 Visa Bulletin

    September 19, 2019

    Specialty Chefs and Green Cards

    June 17, 2019

    March 2020 Visa Bulletin

    March 9, 2020
  • Visas

    FAQs: Can An F-1 Student Work? Can An F-1 Student Start A Business?

    March 27, 2019 /

    I frequently get asked if an F-1 student can work. It depends. The regulations are strict regarding the ability of F-1 students (and their dependents) to work. According to the USCIS website: F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT) Optional Practical Training (OPT) (pre-completion or post-completion) Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT) For…F-1…students any off-campus employment must be related to their area of study and must be authorized prior to starting…

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    Linh

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    March 2020 Visa Bulletin

    March 9, 2020

    What You Should Know About Adding Beneficiaries for the Fiancé(e) Visa

    September 23, 2019
  • H-1B

    Top 10 Reasons USCIS Issued Request for Evidence Letters for H-1B Petitions for the Fiscal Year 2018

    March 4, 2019 /

    USCIS recently released an a chart breaking down the top 10 reasons they issued Request for Evidence (RFE) letters for H-1B petitions that were filed for fiscal year 2018. They are the following: Specialty Occupation – The petitioning company did not establish that the position qualified as a specialty occupation. Employer/Employee Relationship – The petitioning company did not establish that there was a valid employer/employee relationship where the employer has control over the beneficiary’s work. Availability of Work (Off-site) – The petitioner could not establish that they had specific and non-speculative work assignments for the beneficiary that corresponds to the specialty occupation for the entire time requested in the H-1B…

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    Linh

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    Department of Homeland Security Announces Final Rule For H-1B Processing for FY 2020

    February 18, 2019

    President Trump Issues Proclamation Suspending Entry of H-1B, H-2B, L, and J Visas

    July 6, 2020

    DHS Proposes Some Major Changes to the H-1B Process

    December 8, 2018
  • Family-Based Immigration,  Lawful Permanent Residency

    Humanitarian Reinstatement – How An I-130 That Has Been Terminated Due to the Petitioner Passing Away Can Be Saved

    February 25, 2019 /

    One of the sad realities of our immigration system is that it can take a very long time to bring over certain family members. For example, if a U.S. citizen mother petitions to bring her married son to the U.S., it could take over 22 years before that son will be able to come to the U.S. if he is a Mexican or Filipino national. If the son is a Canadian national, it would take about 12 years. Another reality is that a Petitioner can pass away during this waiting period. When that happens, by law the I-130 is automatically revoked. Fortunately, there is a way to save this I-130…

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    Linh

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    COVID-19 Vaccines Will Be Required for Green Card Applicants Starting October 1, 2021

    September 2, 2021

    The 3 Agencies Involved in Immigrant Visa Cases: USCIS, NVC, and the U.S. Consulate/Embassy

    September 14, 2021

    What You Should Know About Adding Beneficiaries for the Fiancé(e) Visa

    September 23, 2019
  • Employment,  H-1B,  Policy Change

    Department of Homeland Security Announces Final Rule For H-1B Processing for FY 2020

    February 18, 2019 /

    With H-1B season just around the corner, the new rule for H-1B processing is something that I’ve gotten many questions on. I had written a blog post about the proposed changes to the H-1B process this past December. On January 30, 2019, DHS announced that the new rule governing the H-1B process would become final and will be effective April 1, 2019. The actual announcement of the new rule can be found by clicking here. My last blog post gives a short summary of the changes that were being proposed. Now, those procedures will become effective on April 1, 2019. However, given the short time frame from now until the…

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    Linh

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    Overview of the L-1A Visa – Intracompany Tranfers

    September 21, 2018

    President Trump Issues Proclamation Suspending Entry of H-1B, H-2B, L, and J Visas

    July 6, 2020

    An Overview of What You Need to Know About the EB-3 Category

    September 12, 2018
  • Employment

    A TN Visa Overview: A Possible Alternative to the H-1B

    January 23, 2019 /

    Many people who are wanting to get a temporary work visa in the U.S. have likely heard of the H-1B visa. There is another classification called the TN visa that is similar in some ways to the H-1B, and if you are a Mexican or Canadian citizen, this work visa could be for you. The TN classification allows for Mexican and Canadian citizens to come into the U.S. temporarily to perform professional assignments. This classification does require that the person be a national of Canada or Mexico, have a professional assignment in the U.S., and possess a bachelor’s degree or have a professional license. The North American Free Trade Agreement…

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    Linh

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    Overview of the L-1A Visa – Intracompany Tranfers

    September 21, 2018

    Department of Homeland Security Announces Final Rule For H-1B Processing for FY 2020

    February 18, 2019

    Overview of the H-1B Visa and Why They May Be Getting Harder to Get

    July 5, 2018
  • Uncategorized

    An Update on Processing Times

    January 7, 2019 /

    A lot of changes have happened in our immigration system, especially since Trump took office. One of the biggest changes I have seen is in processing times. Certain types of cases that used to take 3 to four months are now taking anywhere from 11.5 months to 23 months. An immigration officer had told me that when the administration changed, they saw a 300% increase in filings. That, coupled with the fact that they aren’t enough officers to keep up with the caseload, has resulted in long delays. People who live in cities with large immigrant populations are experiencing longer delays than people who live in smaller cities.  Here’s an…

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    Linh

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    If You Have Been a Victim of a Crime, You May Qualify for a U Visa

    September 28, 2018
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