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Recent Posts in Immigration Category

  • Ultimate Guide to Employment-Based Adjustment of Status

    Foreign nationals working in the United States with an employment visa can remain in the country permanently by obtaining a green card through employment-based adjustment of status. Employment-based adjustment of status is a path that many foreign nationals can take if they have a secured job with an employer who is willing to sponsor their petition for a green card. Our team at Akula & Associates ...
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  • COVID-19 Vaccination Required for Immigration Medical Examinations

    U.S. Citizenship and Immigration Services today announced that, effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record . This will require applicants subject to the immigration medical ...
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  • How to Ask About Visa Sponsorship in an Interview

    If you are a foreign national who wants to find employment in the United States, you may need sponsorship from an employer before starting your visa application. Therefore, you will need to search for a job and secure an employment opportunity before getting a visa (depending on the type of visa you are applying for). However, bringing up the need for sponsorship during a job interview can seem ...
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  • STARTING OCTOBER 1, 2021, COVID 19 VACCINATIONS REQUIRED FOR APPLICANTS APPLYING FOR LPR OR REFUGEE STATUS

    Starting October 1, 2021, USCIS and the U.S. Department of State will require COVID-19 vaccinations for all applicants applying for refugee or lawful permanent residence, with some exceptions . Specifically, all applicants who receive their medical examination from a Civil Surgeon or Panel Physician on or after October 1, 2021 , must complete the COVID-19 vaccine series and provide documentation ...
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  • Department of State Posts September 2021 Visa Bulletin – FINAL ACTION DATES

    The Department of State has posted the September 2021 Visa Bulletin. All family-based categories must use the Final Action Dates chart, which is showing current, meaning visas are readily available for this category. Applicants in all employment-based preference categories must also use the Final Action Date chart for filings in the month of September. The EB-2 category priority date has moved up ...
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  • Children Born through Assisted Reproductive Technology (ART) Now Considered Born "in wedlock" for immigration Purposes

    U.S. Citizenship and Immigration Services announced updated policy guidance affecting children born outside of the United States and the determination of whether children born through assisted reproductive technology (ART) are considered to have been born “in wedlock.” This policy update will allow a non-genetic, non-gestational legal parent of a child to transmit U.S. citizenship to the child if ...
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  • 4 Things You Need to Know About TN Visas

    Canadians and Mexican citizens can come to the United States to work in certain specialty occupations with a TN visa . If you are from Canada or Mexico and you want to work in the United States by obtaining a TN visa, here are some things you should know before applying. #1: The Job You Work For Must Fall Under the NAFTA Professional List Not any worker qualifies for a TN visa. Employees must fall ...
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  • Federal Court Order Prevents Further Approval of Initial DACA Requests

    On July 16, 2021, a federal judge in Texas ruled that Deferred Action for Childhood Arrivals, a program that allows certain immigrants to temporarily avoid deportation and receive renewable work permits, is illegal and ordered the Biden administration to stop granting new applications. The order does not affect current DACA recipients who have the two-year renewable work permits. However, based on ...
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  • Biden Administration Lifts Rule to Narrow H-1B Definition of “Specialty Occupation”

    Every fiscal year, the U.S. grants 85,000 H-1B visas for nonimmigrant workers. U.S. employers hire qualified foreign workers after exhausting their recruitment efforts to find someone within the U.S. Last month, the U.S. Department of Homeland Security (DHS) officially removed the rule that would have redefined the H-1B specialty occupations. The specialty occupations rule was going to set new ...
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  • H-1B Cap Reached: H-1B Alternatives & Options for Sponsorship

    The H-1B visa lottery winners for FY 2022 cap have already been selected. The U.S. Citizenship Immigration Services (USCIS) already notified applicants who will be receiving an H-1B visa in 2022. If you were not one of the applicants selected, many H-1B visa alternatives can help you become a legal worker in the United States. Learn more about the different employment visa options available for ...
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  • Can I Petition More Than One Relative for a U.S. Visa?

    Family-based petitions allow individuals in the United States to sponsor their closest relatives to help them obtain an immigration visa. Both U.S. citizens and legal permanent residents (LPR) can sponsor their family members to move to the United States; however, U.S. citizens can sponsor a broader range of family members. Since families want to remain together, sponsors always ask how many ...
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  • Can I Work in the U.S. as an International Student?

    Studying in the United States can be expensive for American and international students alike. Therefore, obtaining employment opportunities can be extremely beneficial to help reduce college-related expenses. Our Dallas immigration attorneys explain whether foreign nationals can legally work while studying in the United States. If you need legal assistance getting your student visa, contact our ...
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  • How Employment & Family-Based Immigration Will Change in 2021

    This year’s change in administration will bring adjustments to the entire immigration system. President Biden has expressed his intention to pursue immigration policy and regulatory changes over the first 100 days of the administration. President Biden claimed that he wants to “modernize the immigration system” and focus on implementing changes to employment and family-based immigration policies. ...
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  • Can I Work in the U.S. Without a Social Security Number?

    Is a Social Security Number Required to Work in the US? One of the most common questions that U.S. immigrants ask is if they need a Social Security number to work. Social Security numbers are used to report a person’s wages to the government and to determine their eligibility for Social Security benefits. Our Dallas immigration attorneys explain if temporary workers need to obtain a Social ...
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  • How to Find the Right Sponsor Employer for a Temporary Work Visa

    If you want to work in the United States and get a temporary employment visa, you will need a sponsor to apply. Most U.S. employment immigration visas require applicants to demonstrate that they have an employment opportunity lined up in the United States. The employer must be willing to go through the immigration process to hire a temporary worker. If you want to apply for an employment visa, our ...
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  • How Do I Sponsor an Employee for a U.S. Permanent Resident Status?

    If you are an employer who wants to sponsor a foreign national to become a permanent resident for a permanent job offer, you and the employee will need to go through various steps. Our Dallas immigration attorneys explain what you will need to do as an employer to help the worker become a permanent resident in the U.S. If you need legal guidance sponsoring a foreign worker for a visa, contact our ...
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  • Proposed H-EAD Rescission Rule Withdrawn

    On January 25, 2021, the Trump-era proposed regulation, “ Removing H-4 Dependent Spouses from the classes of Aliens Eligible for Employment Authorization ” was withdrawn. It is important to note that litigation remains pending in federal court challenging the DHS final rule promulgated in February 2015 that extends eligibility for employment authorization to certain H-4 dependent spouses of H-1B ...
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  • J-1 Visa Waiver Applications

    To bypass the law that allows J-1 holders to be physically present for two years in their home country, a J-1 visa waiver is required. How do I know if I am subject to the two years of home-country physical presence requirement? If your J-1 exchange visitor program meets any of the following requirements, you are subject to the two-year home-country physical requirement: Government-Sponsored ...
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  • Deferred Action for Childhood Arrivals (DACA)

    What is Deferred Action for Childhood Arrivals? As the Department of Homeland Security (DHS) seeks to focus its enforcement resources on the removal of persons that pose a danger to national security or a risk to public security, DHS will exercise prosecutorial discretion as necessary to ensure that enforcement resources are not wasted on low-priority cases, such as individuals who came to the ...
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  • What Are the Visa Preference Categories for Permanent Workers?

    If you have the right combination of skills, education, and experience, you could be eligible to live and work in the United States permanently. The U.S. Citizenship and Immigration Services (USCIS) has five set employment-based immigration visa preferences. The more qualifications and experience you have, the more likely you will qualify for a permanent visa. Our Dallas immigration attorneys have ...
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  • Judge Orders Government To Fully Reinstate DACA Program

    Late Friday afternoon, a federal district judge ordered the Trump administration to fully reinstate the Deferred Action for Childhood Arrivals (DACA) program. Under the order, Judge Nicholas Garaufis of the U.S. District Court in Brooklyn instructed the Department of Homeland Security to begin accepting new applications for the Deferred Action for Childhood Arrivals program. The judge also ordered ...
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  • Do I Need an Employment Immigration Attorney?

    When applying for a green card or an immigrant visa in the United States, you don’t need to obtain attorney's services. However, having an experienced attorney on your side can significantly impact the outcome of your visa application. Below we have put together some cases in which having an immigration attorney is beneficial. You're Unable to Figure Out Your Options As a skilled worker, you may ...
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  • Can I Get a U.S. Work Visa Without Sponsorship?

    If you are a foreign national who wants to work in the United States, you might be wondering if you can get a U.S. work visa without having to secure a job. However, many U.S. visas require you to have a job offer secured if you want to work in the United States. Our Dallas immigration attorneys explain if it is possible to get a work visa without sponsorship from an employer. Do you need help ...
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  • Can I Still File an Adjustment of Status During COVID-19?

    Thousands of U.S. visa holders apply for an adjustment of status every year to obtain their green card and become permanent residents. However, the spread of COVID-19 has significantly impacted the U.S. immigration system. If you are a visa holder who is currently present in the United States, you might be wondering if you can still apply for an adjustment of status amidst the current health ...
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  • Common Immigration Questions Asked During COVID-19

    With so many immigration changes occurring during the COVID-19 pandemic, thousands of people have been affected in and out of the United States. Our team at Akula & Associates P.C. has been getting many questions about the recent changes and their impact on immigration status and visa applications. Our Dallas immigration attorneys have put together answers to the most commonly asked questions ...
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