When Immigration Matters

The recent layoffs in the technology industry have left nonimmigrant employees with limited options to continue working in the US if they do not find alternative employment with an employer willing to sponsor them for a nonimmigrant visa.  This is particularly concerning for H-1B visa holders, who are granted only a 60-day grace period to change or extend their nonimmigrant status following termination. Layoffs disproportionately affect Indian-born H-1B workers subject to the long employment-based green card backlogs, where they face decades-long waits for permanent residency due to per-country limits. Retrogression in the employment-based preferences now affects all countries, but Indian and Chinese citizens are most affected.

Coming to the U.S. to study at an accredited educational institution is an amazing prospect for many international students. It’s an excellent opportunity to practice your language skills, make potential professional connections, and give you a competitive edge when applying to university and graduate programs. If you wish to study in the U.S. you are required to obtain a visa. One of the most common student visas is the F-1 non-immigrant visa. 

Is it possible for a dual citizen to change their immigration status using a passport issued by a country other than the passport they used when they initially arrived and were admitted to the United States?

The E-1 and E-2 visas involve a reciprocal agreement between the United States and foreign countries that enables nationals to invest or conduct trade between the two nations. Foreign nationals can obtain an E-1 visa by engaging in trade with the U.S. or an E-2 visa by overseeing investments in the U.S. Both individuals and large multinational corporations can use the E-visa category. This article will provide an overview of the E-2 visa and its requirements.

What is a “Treaty Investor” Visa?

E-2 "Treaty Investor" visas are a type of non-immigrant visa that allows foreign entrepreneurs and investors to enter and work in the United States. A non-immigrant visa does not provide a path to permanent residency or citizenship, and those seeking a green card should do so through a different immigration program. The E-2 visa is only intended for business owners and investors looking to make significant investments in the United States. Once processed, the visa is issued for five years and can be renewed indefinitely as long as the business that has been invested in continues to operate.

The firm is pleased to announce that Karen-Lee Pollak has been named for the 10th consecutive year to the list of D Magazine’s Best Lawyers in Dallas for 2023.  “We are grateful and humbled to be acknowledged by our peers and to be included in this elite list which includes some of the best and brightest attorneys in Dallas, Texas.” Said Pollak PLLC’s Managing Attorney Karen-Lee Pollak.  Our immigration team is passionate about what we do.  We know how critical and life-changing it is to move employees, investors, entrepreneurs and family to the United States in the most cost-effective and timely manner.  We pride ourselves on our excellent client service and this recognition illustrates both our dedication and talent and our firm’s commitment to immigration law.”

The Department of State has released the May Visa Bulletin and there are significant delays. These delays will primarily impact workers who have not filed adjustment of status applications. Employers sponsoring foreign nationals should be aware that some cut-off dates for filing immigrant visa applications in certain employment-based (EB) preference categories have recently “retrogressed” or moved backwards in time due to increased demand.

The U.S. Citizenship and Immigration Services (USCIS) offers several visa categories for those with “extraordinary abilities,” great expertise within their field, or individuals of great distinction. The two primary visa categories are the O-1A visa and the EB-1A visa, which have variable categories that depend on the applicant's eligibility. Although they have similarities, the primary difference is that the O-1A visa is for temporary employment within the U.S., and the EB-1A visa is for permanent residence.

Early in February, Deputy Assistant Secretary of Visa Services at the Bureau of Consular Affairs, Julie Stuff told Bloomberg News that  United States Department of State (USDOS) is preparing to introduce a pilot program to restore domestic visa revalidation for H-1B and L-1 non-immigration visa types.  This means that H-1B and L-1 visa holders will not have to travel overseas to get visas placed in their passports at US. Consulates.   Instead they can apply for visa renewal from the United States after receiving their renewal approval notice from United States Citizenship and Immigration Services (USCIS). More details will be announced later in the year.  

This is a huge relief for many nonimmigrant workers and the business that hire them in the United State as they will no longer have to incur costs and delays in travelling overseas to get the visas placed in their passports.  This program is not new. It would bring back the practice that existed but was discontinued back in 2004.  Although this pilot program is limited to H-1B and L-1 visas for now, it may be expanded to other nonimmigrant visa categories such as E, O, and P, later on. 

The COVID pandemic have caused serious backlogs and delays with visa renewal interview appointments at U.S. Embassies and/or Consulates aboard, especially for offices in India where the majority of these visa holders come from. Some workers have claimed to have waited more than a year to get their visa appointments. Many workers and businesses had to risk workers getting stuck in their home country awaiting visa interviews. To address these bottlenecks, many immigration attorneys, advocacy groups, and businesses have pushed State Department to bring back state-side visa renewal as an option. The State Department stated last year that they would look into domestic renewals but challenges such as establishing a brand-new consular services division in Washington D.C. to process all these renewals have delayed this decision and may be the reason for the limited rollout only for H-1B and L-1 visa types. 

Moving away from family and friends and starting a new life in the U.S. is a challenging and emotional process. This is made more difficult if you must leave behind a family member to gain residency before formally bringing them to live with you in the United States. A lawful permanent resident (Green Card Holder) or U.S. Citizens may file a petition on behalf of their spouse, child under the age of 21 as well as unmarried adult children. U.S. Citizens may also sponsor married children, siblings and parents.

Pollak PLLC Named a 2022 Law Firm 500 Honoree for Fastest Growing Law Firms in the U.S. 

Over the past 6 years, our team at Pollak PLLC, have been dedicated to providing excellence in customer service resulting in many happy clients. In doing so, our commitment and focus has taken us on a fabulous journey of growth – both personally and for our business. 

We are pleased to announce that our law firm has been named a 2022 Law Firm 500 Honoree awarded to the Fastest Growing Law Firms in the US. Although this recognition is calculated on growth, it could not be possible without the continued operational excellence and commitment to client service exhibited by our team each and every day.  

We are ranked 144th on the 2022 Law Firm 500 and have grown 70% year over year!

Thank you so much to our loyal clients, and partners who have supported us as we have grown.  Managing Attorney, Karen-Lee Pollak, commented “We are grateful and humbled to be acknowledged to be included in this elite list of the fastest growing law firms in the United States.  Our immigration team is passionate about what we do.  We know how critical and life-changing it is to move employees, investors, entrepreneurs and family to the United States in the most cost-effective and timely manner.  We pride ourselves on our excellent client service and this recognition illustrates both our dedication and talent and our firm’s commitment to immigration law.” 

Pollak PLLC specializes in providing comprehensive immigration solutions to corporations, small businesses, investors and families interested in obtaining immigrant and non-immigrant visas to live and work in the United States. 

The Law Firm 500 Award is an honor for our firm to receive and a tribute to our team. Of course, we could not have achieved this truly remarkable accomplishment without our devoted team members. Each in their own way has contributed to making this possible. 

As we continue to grow we encourage you to follow our progress and stay in touch! You can view the full list of 2022 Law Firm 500 Honoree firms here:  Law Firm 500 Honoree List 2022