Tagged #nonimmigrant
Every article we've published on this topic, sorted by the agency's own announcement date.
I-539 Change of Status: Timing, Processing-Time Risk, and the Status Gap
Form I-539 changes nonimmigrant status from inside the U.S. Filing before the current status expires preserves authorized stay, but processing times can stretch past a year — here is the framework.
E-1 treaty trader and E-2 treaty investor: what counts as qualifying trade or qualifying investment
E-1 and E-2 share a treaty country list but split on what the beneficiary must establish — substantial trade volume for E-1, a substantial at-risk investment in an active US enterprise for E-2.
R-1 nonimmigrant religious workers: the 2-year prior membership rule and the mandatory pre-approval site visit
R-1 status is gated by a 2-year prior membership requirement and, for new petitioners, a mandatory pre-approval site visit by USCIS Fraud Detection and National Security.
L-1A Intracompany Transferee: Manager or Executive Capacity, Qualifying Relationship, and the One-Year-Abroad Rule
What USCIS actually asks for when adjudicating an L-1A petition: qualifying corporate relationship, manager-or-executive duties, and one year of foreign employment within the preceding three years.
O-1B: extraordinary ability in the arts vs extraordinary achievement in film and TV
O-1B splits into two evidentiary standards — "extraordinary ability" for the arts and the higher "extraordinary achievement" for motion picture and TV. The consultation letter rule is non-waivable.
P-1 visas for athletes and entertainers: the "internationally recognized" standard and the group-tenure rule
P-1 sits one rung below O-1 in evidentiary difficulty. P-1B entertainment groups face a 1-year together and 75%-of-members rule with narrow exceptions.
E-3 for Australian specialty-occupation workers: how it differs from the H-1B in practice
The E-3 is the Australia-only specialty occupation visa. The 10,500 annual cap rarely binds, and post-2022 the spouse is work-authorized without an EAD card.
O-1A Extraordinary Ability: Evidentiary Criteria for Sciences, Education, Business, and Athletics
What USCIS counts as 'extraordinary ability' for the O-1A visa: the eight regulatory criteria, the 2022 STEM update, and the final-merits determination that decides borderline cases.
TN status under USMCA: the closed professional list and the degree-pairing trap
TN is gated by Appendix 2 of USMCA Chapter 16. The profession must be on the list AND the beneficiary's credential must match what that profession requires — "close enough" fails.
L-1B Specialized Knowledge: Reading the 2015 USCIS Memo and How Adjudicators Apply It Today
Inside USCIS's 2015 L-1B policy memorandum (PM-602-0111) and the AAO precedent that frames how 'specialized knowledge' is adjudicated in current L-1B petitions.
L-1 Blanket vs Individual Petitions: When the §214(c)(2)(A) Blanket Pays Off
The L-1 blanket petition framework under INA §214(c)(2)(A), the qualifying-employer thresholds, and how the consular L visa path differs from an individual L-1 petition.