Integrity Legal

Those who follow this website with any frequency may be aware of the fact that the administration of this web log routinely posts the processing times for the various service centers of the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public at large. To quote directly from the official website of USCIS, USCIS.gov:

Readers are asked to bear in mind that the above cited estimations do not take into consideration processing at the National Visa Center. Furthermore, these estimates also do not take into consideration Consular Processing at a US Embassy, US Consulate, or American Institute abroad.

Tags: American Consulate, American Embassy, Consular Processing, CR-1 Visa, CR-1 Visa Processing Time, CR1 Visa, CR1 Visa Processing Time, IR-1 Visa, IR-1 Visa Processing Time, IR1 Visa, IR1 Visa Processing Time, K-1 Visa, K-1 Visa Processing Time, K-2 Visa, K-2 Visa Processing Time, K-3 Visa, K-3 Visa Processing Time, K1 Visa, K1 visa processing time, K2 Visa Processing Time, K3 Visa, K3 Visa processing time, K4 Visa Processing Time, National Visa Center, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS, USCIS Processing Time, USCIS Processing Times
Posted in USCIS | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has implemented a new policy regarding the I-130 petition for visas such as the CR-1 visa and the IR-1 visa. To provide further insight it may be prudent to quote directly from the official website of the USCIS, USCIS.gov:

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced that effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility. This will increase the efficiency of the relative petition filing process and give USCIS more flexibility in managing its workload. Previous regulations permitted these petitioners, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or the U.S. Department of State at their local U.S. embassy or consulate. Under the new regulation, published today in the Federal Register, petitioners residing in countries without USCIS offices may file a Petition for an Alien Relative based on the addresses provided in the revised form instructions…

Clearly, this new policy could have significant ramifications for those seeking a United States visa on behalf of a foreign loved one. Concurrently, those familiar with the American visa process may note that this new policy effectively ends the Direct Consular Filing option for petitioners in certain Consular jurisdictions. In the past, it may have been possible for petitioners to file their visa petition directly with a US Embassy or US Consulate if the petitioner resided in the Consular District. These recent regulatory changes would appear to bring this era of Consular Processing to an end.

Meanwhile, in news related to Southeast Asia and the ASEAN (Association of Southeast Asian Nations) community, it appears that Malaysia is poised to engage in a Free Trade Agreement with India. To provide further insight into these developments it may be best to quote directly from the website MoneyControl.com:

The free trade agreement (FTA) between India and Malaysia will come into force from July 1, giving Indian professionals like accountants, engineers and doctors access to the key South-East Asian nation. In addition, exports of items of considerable interest to India, like basmati rice, mangoes, eggs, trucks, motorcycles and cotton garments, will attract lower or no duty in Malaysia with the implementation of the Comprehensive Economic Cooperation Agreement (CECA), according to a statement of the Commerce Ministry issued today…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks noted above to learn more on this developing story.

As nations in ASEAN, such as Malaysia, continue to become more integrated into broader markets it stands to reason that new trade arrangements will be forged. The ASEAN community (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) has been the topic of a great deal of recent discussion regarding future free trade agreements as many nations around the world try to make headway into this important and increasingly lucrative regional market.

For information related to legal services in ASEAN, please see: Legal.

Tags: American Consulate, American Embassy, American Visa Process, ASEAN, ASsociation of Southeast ASian Nations, Brunei Darussalam, Cambodia, CECA, Comprehensive Economic Cooperation Agreement, CR-1 Visa, CR1 Visa, Direct Consular Filing, Federal Register, Form I-130, Free Trade Agreement, FTA, I-130, India, Indonesia, IR-1 Visa, IR1 Visa, Laos, Malaysia, Malaysian Commerce Ministry, Myanmar, Petition for an Alien Relative, Philippines, Singapore, Thailand, U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Visa, US Visa Process, USCIS, USCIS Chicago Lockbox, Vietnam
Posted in ASEAN Business, CR1 Visa, IR1 Visa, Malaysia Business, US Embassy Kuala Lumpur, US Embassy Malaysia, USCIS | No Comments »

Those who read this blog with any frequency may have noticed that the administration routinely posts the estimated processing times from the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public-at-large. To quote directly from the official website of the USCIS, USCIS.gov:

Readers may recall that the processing times noted above only pertain to the USCIS processing portion of the overall US visa process. Therefore, readers should not mistake the processing times noted above for the time it takes to actually acquire a visa. After a visa petition has been adjudicated by the officers at the USCIS, if approved, the case file is forwarded to the National Visa Center where it is then sent on to the US Embassy, American Institute, or US Consulate with appropriate Consular jurisdiction. This phase of the process is referred to as Consular Processing. Consular Processing can sometimes be quite quick while, in some cases, the process can be rather cumbersome if the facts of the case are extremely complex.

For related information please see: K1 Visa Thailand.

Tags: American Institute, American Visa Attorney, American Visa Burma, American Visa Cambodia, American Visa China, American Visa Hong Kong, American Visa India, American Visa Laos, American Visa Lawyer, American Visa Myanmar, American Visa Thailand, American Visa Vietnam, Consular Processing, K1 Visa Thailand, US Consulate, US Embassy, US Visa Attorney, US Visa Burma, US Visa Cambodia, US Visa China, US Visa Hong Kong, US Visa India, US Visa Indonesia, US Visa Japan, US Visa Korea, US Visa Laos, us visa lawyer, US Visa Macau, US Visa Malaysia, US Visa Myanmar, US Visa Philippines, US Visa Singapore, US Visa Sri Lanka, US Visa Taiwan, US Visa Thailand, US Visa Vietnam, USCIS, USCIS Processing Time, USCIS Processing Times
Posted in USCIS | No Comments »

It recently came to this blogger’s attention that the United States Citizenship and Immigration Service (USCIS) has issued memorandum regarding the process of expediting the adjudication of I-601 waivers. To provide further insight it may be best to quote directly from the official website of USCIS, USCIS.gov:

Purpose
This Policy Memorandum (PM) provides guidelines on how U.S. Citizenship and Immigration Services (USCIS) processes requests to expedite the adjudication of Forms I-601 filed by individuals outside the United States. These guidelines will be included in the AFM Chapter 41.7 and in the revised version of International Operations Division Field Guidance for Form I-601 adjudications.
Scope
Unless specifically exempted herein, this memorandum applies to and is binding on all USCIS employees adjudicating Forms I-601 filed by individuals outside the United States.
Authority
8 CFR 212.7 governs USCIS adjudication of Form I-601.
Background
It has been USCIS’s longstanding policy to accept requests to expedite processing of petitions or applications where the applicant or the petitioner demonstrates reasons that merit expedited processing of a petition or application. Consistent with this policy, an applicant may request that the adjudication of a Form I-601 be expedited. Requests to expedite in the Form I-601 adjudication context present unique challenges. Almost all Form I-601 applicants outside the United States have an interest in expeditious processing given that most are required to establish extreme hardship to a qualifying family member in order for USCIS to consider whether to exercise its discretion to waive the bar to an applicant’s entry into the United States. However, some applicants may be experiencing extraordinary circumstances that present the kind of compelling and urgent, time-sensitive reasons that merit expedited processing of a Form I-601. This memorandum provides guidelines on responding to requests to expedite Forms I-601 filed by applicants overseas. Policy Subject to case management requirements and resource constraints, USCIS managers overseas may, in extraordinary circumstances, exercise discretion on a case-by-case basis to approve a request to expedite adjudication of a Form I-601.1 The strong desire to immigrate to the United States as soon as possible is not by itself “extraordinary.” The types of extraordinary circumstances that may, generally, merit expedited processing are those in which there are time-sensitive and compelling situations that necessitate the applicant’s presence in the United States sooner than would be possible if the application were processed under normal processing times…

For those who are unfamiliar with matters pertaining to United States Immigration it should be noted that the I-601 waiver is often utilized as a remedy for those who have been found inadmissible to the United States or ineligible to receive a US visa (such as a K-1 visa [fiance visa], CR-1 visa, or IR-1 visa) during Consular Processing at a US Embassy or US Consulate abroad.

The I-601 waiver is sometimes confused with the I-212 waiver (also referred to as an application for advance permission to reenter the United States). However, the I-601 waiver and the I-212 waiver are two different application categories which are somewhat similar, but not exactly alike.

For related information please see: Legal.

Tags: American Consulate, American Embassy, American Visa, compelling situations, Consular Processing, CR-1 Visa, expedited processing, extraordinary circumstances, extreme hardship, Fiance Visa, I-212 waiver, I-601, I-601 Waiver, I-601 Waiver Burma, I-601 Waiver Cambodia, I-601 Waiver China, I-601 Waiver Hong Kong, I-601 Waiver India, I-601 Waiver Indonesia, I-601 Waiver Japan, I-601 Waiver Laos, I-601 Waiver Malaysia, I-601 Waiver Myanmar, I-601 Waiver Singapore, I-601 Waiver Sri Lanka, I-601 Waiver Thailand, I-601 Waiver Vietnam, I601, I601 Waiver, International Operations Division Field Guidance, IR-1 Visa, K-1 Visa, Legal, Policy Memorandum, time-sensitive, U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Visa, USCIS
Posted in I-601 Waiver | No Comments »

It recently came to this blogger’s attention that the Department of Justice, in association with the Department of Homeland Security and the Federal Trade Commission (FTC), is taking measures to combat scams involving immigration services for those wishing to travel to the USA . To quote directly from a recent announcement posted upon the official website of the Department of Justice, Justice.gov:

Federal Agencies Combat Immigration Services Scams
DHS, DOJ and FTC Collaborate with State and Local Partners in Unprecedented Effort

WASHINGTON—The U.S. government will unveil a national initiative to combat immigration services scams on June 9 at 1 p.m. The Departments of Homeland Security (DHS) and Justice (DOJ) and the Federal Trade Commission (FTC) are leading this historic effort.
DHS’s U.S. Citizenship and Immigration Services (USCIS), the lead agency responsible for administering the U.S. legal immigration system, will announce the initiative while hosting events in seven cities around the country as well as the national launch in Washington, D.C.

The unauthorized practice of immigration law is an exploitative practice that endangers the integrity of our immigration system and victimizes members of the immigrant community. Understanding the gravity of this deceptive practice, federal, state and local partners have come together to combat immigration services scams on all fronts. The initiative is set upon three pillars: enforcement, education, and continued collaboration. Each agency plays a critical role to ensure the success of this national effort. This initiative exemplifies how government and community can work together to effectively address a serious problem…

The administration of this web log encourages readers to click upon the relevant hyperlinks noted above to learn more about the Justice Department’s recently announced initiative.

Unfortunately, there are many less-than-reputable organizations in jurisdictions such as those which comprise the Association of Southeast Asian Nations (ASEAN) and other locales around the world falsely purporting to have the necessary qualifications to provide advice, counsel, and assistance pertaining to United States visas and immigration.

Processing a United States visa can be a cumbersome and overwhelming process for those unfamiliar with relevant immigration law and procedure. Those thinking about retaining an American lawyer to assist in the acquisition of visas such as the CR-1 visa, IR-1 visa, K-1 visa, EB-5 visa, or L-1 visa (to name just a few visa categories) are encouraged to ascertain the credentials of those claiming knowledge of such matters. This is encouraged because only properly licensed attorneys are permitted to accept fees to engage in the practice of U.S. immigration law pursuant to 8 CFR 292.1.

In general, before a visa applicant can undergo Consular Processing at US Mission abroad (US Embassy, US Consulate, American Institute, etc) they must first receive an approved petition from the United States Citizenship and Immigration Service (USCIS).

For related information please see: US Visa Thailand or Legal.

Tags: 8 CFR 292.1, American Consulate, American Embassy, American Lawyer, ASEAN, ASsociation of Southeast ASian Nations, CR-1 Visa, CR1 Visa, deceptive practice, Department of Homeland Security, Department of Justice, Departments of Homeland Security, DHS, DOJ, EB-5 Visa, EB5 Visa, Federal Trade Commission, FTC, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, L-1 visa, L1 Visa, legal immigration system, U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Immigration Fraud, Us Immigration Scam, US lawyer, US Visa Scam, US Visa Thailand, USCIS
Posted in US Visa and Immigration | No Comments »

It recently came to this blogger’s attention that the United States Embassy in Kabul is taking measures to re-institute a policy which would allow for visa interviews to take place on the premises of the Post in Afghanistan. Readers are reminded that such interviews have not been conducted at that location in approximately 20 years. To quote directly from a Department of State announcement as posted upon the official website of the American Immigration Lawyers Association (AILA):

As of June 1, for the first time in 20 years, immigrant visa applicants will again have scheduled As of June 1, for the first time in 20 years, immigrant visa applicants will again have scheduled interviews in Kabul. U.S. Embassy Islamabad was previously the closest U.S. Embassy or Consulate where immigrant visa applicants could be interviewed.

Applicants for petition-based visas, which are mostly temporary work visas, can also now interview in Kabul. For the last two years, applicants for visitor, student and most other temporary visas could apply in Kabul, but not applicants for visas that if approved allow someone to move to the U.S. or to work there. Applicants for non-immigrant petition-based visas like temporary workers (H) can schedule their own appointments using the existing online system on the Embassy’s web site. All of these categories of visas involve a multi-step process that usually starts with a petition that a U.S. relative or employer files with immigration authorities. It is important to note that prior to the interview, the National Visa Center conducts almost all pre-interview processing of petitions that the immigration service approves in the United States. The National Visa Center will also schedule appointments when approved immigrant visa petitions become current.

All of these categories of visas involve a multi-step process that usually starts with a petition that a U.S. relative or employer files with immigration authorities. It is important to note that prior to the interview, the National Visa Center conducts almost all pre-interview processing of petitions that the immigration service approves in the United States. The National Visa Center will also schedule appointments when approved immigrant visa petitions become current…

It should be noted that those seeking immigrant visas to the United States of America must generally first receive an approved immigration petition from the United States Citizenship and Immigration Service (USCIS). Upon receiving such approval a case file will usually be sent to the National Visa Center which acts as a sort of clearinghouse for visa application files so as to insure that the case file arrives at the US Mission with appropriate jurisdiction. Prospective visa seekers should note that estimated processing times for USCIS adjudication do not take into account Consular Processing at an appropriate US Embassy or US Consulate abroad.

For related information please see: American visa.

Tags: AILA, American Consulate, American Embassy, American Immigration Lawyers Association, American Visa, Consular Processing, Department of State, National Visa Center, student visa, temporary workers, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Embassy Afghanistan, US Embassy Islamabad, US Embassy Kabul, US Visa, USCIS, visitor visa
Posted in US Embassy Kabul | No Comments »

Frequent readers of this web log may have taken note of the fact that the administration routinely posts the holiday closing schedules of the various US Missions in Asia as a courtesy to the public-at-large. To quote directly from the official website of the United States Embassy in Kabul, Afghanistan:

DATE                                 DAY                           HOLIDAY

January 2*                 (US)  Sunday  New Year’s Day
January 16*               (US)  Sunday  Martin Luther King, Jr. Day
February 15              (AF)  Tuesday  Liberation Day
February 16**           (AF)  Wednesday  Prophet’s Birthday
February 20*              (US)  Sunday  President’s Day
March 21                   (AF)  Monday  Nawrooz (Afghan New Year – 1390)
April 28                      (AF)  Thursday   Victory Day
May 29*                    (US)  Sunday  Memorial Day
July 3*                      (US)  Sunday  Independence Day
August 1**                (AF)  Monday  First Day or Ramadan
August 18***             (AF)  Thursday  Independence Day
Aug 31 – Sept 2**      (AF)  Wednesday – Friday Eid ul-Fitr
September 4*             (US)  Sunday  Labor Day
September 8***          (AF)  Thursday  Martyrdom of National Hero Day
October 9*                 (US)  Sunday  Columbus Day
November 6-8**          (AF)  Sunday – Tuesday Eid-e Qurban
November 10*             (US)  Thursday  Veteran’s Day
November 24               (US)  Thursday  Thanksgiving Day
December 6**             (AF)  Tuesday  10th of Muharram (Ashura)
December 25               (US)  Sunday  Christmas Day

Notes:

*    American holidays marked with an asterisk (*) are observed on a different day than in the US.

**  Afghan holidays marked with double asterisks (**) are based on the Islamic Calendar and depend on sightings of the moon.  As a holiday approaches, adjustments to this schedule may be made based on local practice and Afghan government announcements.

*** Afghan holidays marked with triple asterisks (***) are observed one day earlier.

Those wishing to visit the official homepage of the United States Embassy in Kabul are encouraged to click HERE.

It may sometimes prove necessary for an American Resident Abroad or an American traveling abroad to acquire documentation (US Passport, Consular Report of Birth Abroad, Notarized affidavit, etc.) which can only be obtained from an American Citizen Services section of a US Embassy or US Consulate overseas. Americans seeking such documentation are well advised to contact an American Citizen Services Section with appropriate Consular jurisdiction.

Those seeking an American non-immigrant visa (such as a B-1 visa, B-2 visa, J-1 visa, or F-1 visa) are likely to see their visa application processed at a non-immigrant visa section of a US Embassy, US Consulate, or American Institute abroad. Meanwhile, those seeking an immigrant visa such as a CR-1 visa or IR-1 visa (for purposes of Consular Processing, the K-1 visa; although a non-immigrant US fiance visa, is treated in much the same way as immigrant visa categories for processing purposes) are likely to see their visa application processed by an Immigrant Visa Unit abroad. Immigrant visas such as those noted above are likely to only be granted pursuant to an initial adjudication of an immigration petition at the United States Citizenship and Immigration Service (USCIS).

Those seeking visas such as the EB-5 visa or the L-1 visa are well advised to take note of the fact that it is unlikely that a visa application will be adjudicated by a US Post abroad until after an initial immigration petition is approved by USCIS.

For related information please see: Legal.

Tags: American Consulate, American Embassy, American Institute, American Resident Abroad, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, Consular Processing, consular report of birth abroad, CR-1 Visa, CR1 Visa, CRBA, EB-5 Visa, EB5 Visa, F-1 Visa, F1 Visa, Holiday Closing, Holiday Schedule, IR-1 Visa, IR1 Visa, J-1 visa, J1 visa, K-1 Visa, K1 Visa, L-1 visa, L1 Visa, Legal, United States Citizenship and Immigration Service, United States Embassy in Afghanistan, United States Embassy in Kabul, US Consulate, US Embassy, US Embassy Afghanistan, US Embassy Kabul, US Fiance Visa, us passport, USCIS
Posted in US Embassy Kabul | No Comments »

In a previous posting on this blog the discussion centered upon the EB-3 visa. To remain on a similar topic, the Employment Based visa preference category 4 is another type of travel document which is somewhat similar to other employment based visas although some of the criteria are different. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS), USCIS.gov:

Employment-Based Immigration: Fourth Preference EB-4

You may be eligible for an employment-based, fourth preference visa if you are a special immigrant. The following special immigrants are eligible for the fourth preference visa:

• Religious Workers
• Broadcasters
• Iraqi/Afghan Translators
• Iraqis Who Have Assisted the United States
• International Organization Employees
• Physicians
• Armed Forces Members
• Panama Canal Zone Employees
• Retired NATO-6 employees
• Spouses and Children of Deceased NATO-6 employees

Petitioning for an Employment-Based Fourth Preference Immigrant

To petition for an employment-based fourth preference immigrant, your employer must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. However, there are certain situations where you, the employee, may self-petition on your own behalf. Please review the form instructions to see if you are eligible to self petition and what required supporting evidence needs to be included.

Readers are asked to remember that the above citation is not a satisfactory substitute for a full analysis of issues associated with the EB-4 visa especially as each individual immigration case is adjudicated pursuant to the unique factual circumstances present in the given situation.

This blogger has found that some of those who research this area confuse the EB-4 visa with the E-1 visa or the E-2 visa. In some cases, this category gets confused with the EB-5 visa. Regardless, the EB-4 visa is a stand alone visa category which provides the benefit of lawful permanent residence to the bearer upon lawful admission to the United States of America. Clearly, the criteria for EB-4 visa issuance are less stringent than, say, the EB-1 visa; but this visa category is still heavily scrutinized by adjudicators and for this reason prospective EB-4 visa seekers should be prepared to undergo such an adjudication by USCIS.

Concurrently, it should also be noted that those foreign nationals seeking an EB-4 visa abroad are likely required to undergo Consular Processing at a US Embassy or US Consulate abroad in order to ultimately hope to receive a visa. Consular Officers at US Missions abroad are tasked with the responsibility of adjudicating visa applications for those foreign nationals wishing to travel to the United States of America.

For related information please see: US Visa Thailand.

Tags: Afghan Translators, Amerasian, American Consulate, American Embassy, Armed Forces Members, Broadcasters, Consular Processing, EB-1 visa, EB-2 Visa, EB-3 Visa, EB-4 visa, EB1 visa, EB2 Visa, EB3 Visa, EB4 visa, Employment Based visa preference category 4, Employment-Based Immigration: Fourth Preference EB-4, I-360, International Organization Employees, Iraqi Translators, Iraqis Who Have Assisted the United States, Panama Canal Zone Employees, Physicians, Religious Workers, Retired NATO-6 employees, Special Immigrant, Spouses and Children of Deceased NATO-6 employees, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS, Widower
Posted in EB-4 Visa | No Comments »

In a previous posting this blogger discussed issues associated with the EB-2 visa. On the same note, the following posting is a brief discussion of the Employment Based visa in the preference category 3. Readers should take note of the fact that Employment Based visa categories, classified as EB, are substantially different from the E-1 visa and the E-2 visa which are Treaty Trader and Treaty Investor visas, respectively, and somewhat dissimilar from employment based visas.  To quote directly from the official USCIS website, USCIS.gov:

The administration of this web log strongly encourages readers to keep in mind that the chart above is not an exhaustive explanation of the criteria associated with EB-3 visa issuance, but should merely be viewed as a brief overview of eligibility criteria for those thinking about petitioning for EB-3 visa benefits. The criteria for EB-3 visa issuance differ from the EB-1 visa and EB-2 visa criteria by some degree especially in the case of the EB-1 visa as that visa category is generally reserved for extraordinary recipients.

Those pondering petitioning for United States immigration benefits such as the EB-3 visa should bear in mind that the petition adjudication process is not necessarily the only phase of what could be a longer overall process if the proposed beneficiary resides outside of the United States and therefore must submit a US visa application and undergo Consular Processing at a US Embassy or US Consulate abroad.

For related information please see: American Embassy.

Tags: American Consulate, American Embassy, Consular Processing, E 2 Visa, E-1 Visa, EB-1 visa, EB-2 Visa, EB-3 Visa, EB1 visa, EB2 Visa, EB3 Visa, Employment-Based Immigration: Third Preference EB-3, Labor certification, Other Workers, Professionals, Skilled Workers, Treaty Investor, Treaty Trader, U.S. baccalaureate degree, Unskilled Workers, US Consulate, US Embassy
Posted in EB-3 Visa | No Comments »

In a previous posting on this blog the eligibility criteria for the EB-1 visa were briefly discussed. In that same vein, this blogger felt further elaboration on other Employment Based visa categories was warranted to provide insight to readers about issues associated with other employment based preference categories. The United States Citizenship and Immigration Service‘s (USCIS) official website posted an enlightening chart to provide an overall glimpse of the eligibility criteria which this blogger felt could be of interest to readers. To quote directly from the official website of the USCIS, USCIS.gov:

Readers are encouraged to conduct their own research into these issues as the chart above is merely presented to provide something of an overview regarding eligibility. The chart above should not be viewed as an exhaustive analysis of the issues at play in a EB-2 petition.

It should be noted that second preference Employment Based petitions are carefully scrutinized as issuance of such visas is intended for those foreign professionals holding an advanced degree or an alien national of “exceptional ability”. Therefore prospective visa seekers are encouraged to note the rather high standards by which those seeking this visa category will be compared during the adjudication process.

Those seeking the visa categorized as an EB-2 are well advised to remember that adjudication of a visa petition at the Department of Homeland Security‘s USCIS may be only one phase of the overall visa process as those residing outside of the United States may be required to undergo Consular Processing at a US Embassy or US Consulate abroad.

For readers who have happened upon this blog in the past, the mention of the “national interest waiver” may bring to mind the I-601 waiver or the I-212 waiver which could be argued to be somewhat similar. Another type of waiver that could be construed as similar to the “national interest waiver” is the waiver sometimes granted by USCIS to permit the filing of multiple petitions for a K1 visa within a relatively short period of time notwithstanding the provisions of the International Marriage Broker Regulation Act (IMBRA).

Frequent readers may recall that the EB-5 visa is also classified as an Employment Based Visa although the criteria for EB-5 visa issuance is different from those of the EB-2 most notably as the EB-5 visa petitioner must demonstrate that a substantial investment has been made in the United States in order to hope to attain eligibility for EB-5 visa status.

The United States visa process can be overwhelming at times and for this reason many opt to retain the assistance of counsel. That stated, when retaining the services of anyone purporting to be qualified to provide advice and/or assistance regarding immigration matters it may be prudent to ascertain credentials as, pursuant to relevant US law, only a licensed American attorney is permitted to take in client fees while engaged in the practice of United States immigration law.

For related information please see: Legal.

Tags: American Consulate, American Embassy, Consular Processing, Department of Homeland Security, EB-2 Visa, EB-5 Visa, EB2 Visa, EB5 Visa, Employment Based, Employment-Based Immigration: Second Preference EB-2, employment-based second preference visa, I-212 waiver, I-601 Waiver, I601 Waiver, IMBRA, IMBRA Waiver, International Marriage Broker Regulation Act, K-1 Visa, K-1 Visa Process, K1 Visa, national interest waiver, United States Citizenship and Immigration Service, US Consulate, US Embassy, USCIS
Posted in Department of Homeland Security, EB-2 Visa, EB5 Visa, I-601 Waiver, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa and Immigration, USCIS | No Comments »