# SilmiLaw


## Posts

- [Original Contribution vs. Critical Role: One Project, Two Different Legal Questions](https://silmilaw.com/eb-1a-critical-role-vs-original-contribution/): A single project can become the center of an EB-1A petition. It may help establish an original contribution of major significance and an EB-1A critical role for a distinguished organization. But those are not interchangeable criteria. The same project may support both criteria. It must prove a different proposition under each one. Two Separate EB-1A […]
- [EB-1A Original Contribution: The Crucial Field Distinction You Need to Know](https://silmilaw.com/eb-1a-original-contribution-major-significance/): An EB-1A original contribution of major significance must reach beyond your employer’s opinion of you. Here’s the standard USCIS applies to industry cases. One of the most important distinctions in an industry EB-1A case is also one of the most frequently missed: the employer is not the field. A company may consider an employee indispensable. […]
- [Why "Technology Professional" Is Not an EB-1A Field of Endeavor](https://silmilaw.com/eb-1a-field-of-endeavor-technology-professionals/): Suppose an accomplished applicant tells me, “My field is technology.” That may be true in ordinary conversation. It is rarely useful as an EB-1A case theory. Technology includes semiconductor design, cybersecurity, machine learning, industrial automation, e-commerce, data infrastructure, product management, and thousands of other areas. A person can be outstanding in one of those areas […]
- [The $103,265 H-1B Fee: Important Facts Explained (2026) and Why It's Worth Talking to an Immigration Attorney](https://silmilaw.com/blog-103265-h-1b-fee-explained-2026/): A federal court just struck down the $100,000 H-1B fee as an illegal tax. Nine weeks later, DHS proposed something almost identical — through a process that court victory can’t touch. On August 25, 2026, the Department of Homeland Security published a proposed rule in the Federal Register (Docket No. USCIS-2026-0298, RIN 1615-AD20): a $103,265 […]
- [EB-1A Case Strategy: Start With Record, Avoid the Checklist Trap](https://silmilaw.com/eb-1a-case-strategy-record-not-checklist/): By Sharif Silmi An EB-1A attorney explains why a strong case begins with genuine past achievements and a coherent theory, not a frantic search for three criteria. Every EB-1A case strategy has to start somewhere. Most people start in the wrong place. They begin the EB-1A analysis by asking a familiar question: Which three criteria […]
- [Why an Approved I-130 Doesn't Mean What You Think It Means Anymore](https://silmilaw.com/blog-i-130-approved-adjustment-denied-2026/): The I-130 Approval Letter Is Not the Green Card. In 2026, That Gap Just Got Wider. A couple married in 2023. The U.S. citizen spouse filed Form I-130. USCIS approved it in 2024: the petition that establishes a real marital relationship exists. In 2026, the same couple sat through an adjustment of status interview and […]
- [Why Your Impressive EB-1A Credentials Are Losing You the Case](https://silmilaw.com/blog-eb-1a-evidence-framing-final-merits/): EB-1A Evidence Framing: The Visa Bulletin Isn’t Your Problem. Your Evidence Is In January 2024, an accomplished journalist filed an EB-1A petition. USCIS agreed that she met five of the ten regulatory criteria for extraordinary ability, nearly double what the law requires. USCIS denied her anyway. Two years later, a federal court in Nebraska looked […]
- [EB-1A Final Merits Determination: 3 Criteria Isn't Enough](https://silmilaw.com/blog-eb-1a-final-merits-determination/): The Problem Nobody Warned You About The EB-1A final merits determination is the reason strong petitions are getting denied in 2026 — even when they meet every criterion USCIS asks for. Here’s the scenario playing out across hundreds of cases right now: you meet five, six, sometimes seven of the ten regulatory criteria. USCIS acknowledges […]
- [K-1 Visa Timeline: 5 Surprising Delays You Should Know](https://silmilaw.com/k-1-visa-timeline-delays-you-should-know/): Everyone talks about the K-1 visa like it’s simple. File, get approved, get married, done. The K-1 visa timeline is where most couples get blindsided, and it’s rarely the filing itself that catches them off guard. It’s everything that happens after. If you’re planning to bring a fiancé to the United States, the gap between […]
- [Capability vs. Process Control: Why Smart DIY EB-1A and NIW Applicants Still Get Denied](https://silmilaw.com/blog-capability-vs-process-control-diy-niw-eb1a/): The Moment Every Smart Applicant Reaches You are exactly the kind of person the EB-1A and EB-2 NIW categories were built for. Published research. Patents. A role that mattered inside your organization. You are, by any reasonable measure, good at your job. So when you sat down to build your self-petition, you did what any […]
- [Sponsoring a Parent for a Green Card: The Complete & best 2026 Guide](https://silmilaw.com/sponsoring-a-parent-for-a-green-card/): Sponsoring a parent sounds simple until you’re the one filling out the forms. Sponsoring a parent for a green card starts in a simpler place than most family petitions: parents of U.S. citizens don’t have to wait in line the way spouses of green card holders or siblings do. That part is true. But “no […]
- [How a H-1B to EB-1A Timing Mistake Can Cost You Years](https://silmilaw.com/h-1b-to-eb-1a-timing-dual-intent-strategy/): The Costly Trap by Silmi Law The problem you already feel You have been on H-1B for years. Maybe three, maybe five, maybe you are staring down the six-year limit and the clock feels louder every month. Someone told you EB-1A is the fast lane. No labor certification, no PERM, premium processing in 15 business […]
- [The EB-1A/NIW "Higher Bar" Is Dead and the Panic Was Never Justified](https://silmilaw.com/the-eb-1a-niw-higher-bar-is-dead-and-the-panic-was-never-justified/): By Sharif Silmi USCIS just walked away from both paths to a tougher standard. If you spent the last year reacting to rumors, here’s your lesson. Stop reacting to every rumor. And stop taking advice on complex immigration matters from your cousin, your coworker, or a group chat. If the last year proved anything, it […]
- [Why Right Now Is the Most Important Time to File Your EB-1A — Especially If You're in Maryland](https://silmilaw.com/why-right-now-is-the-most-important-time-to-file-your-eb-1a-especially-if-youre-in-maryland/): Silmi Law | Immigration Attorneys | Catonsville, MD The headlines out of Baltimore have been jarring. Just last week, ICE agents detained two parents dropping their children off at Commodore John Rodgers Elementary/Middle School during a preschool graduation ceremony. Governor Wes Moore called it “deeply disturbing.” Protests erupted outside the George H. Fallon Federal Building. […]
- [EB-1A Is a Statute, Not a Checklist](https://silmilaw.com/eb-1a-is-a-statute-not-a-checklist/): EB-1A Is a Statute, Not a Checklist Why the most important work in an extraordinary-ability case happens before anyone counts the ten criteria. Most people meet EB-1A as a list. Search the category online and you will find the same thing everywhere: ten boxes, check at least three, win a green card. That framing is […]
- [Don't Let the Visa Bulletin Confuse You: Filing Dates vs. Final Action Dates Explained](https://silmilaw.com/dont-let-the-visa-bulletin-confuse-you-filing-dates-vs-final-action-dates-explained/): If you’re in the United States and waiting to file your adjustment of status application, there’s one critical mistake you need to avoid, and it’s more common than you’d think. Learn the critical difference between Filing Dates and Final Action Dates for USCIS Adjustment of Status. Check USCIS.gov, not State Department. Expert immigration law guidance […]
- [How to Strategically Align Your Work With U.S. National Priorities](https://silmilaw.com/how-to-strategically-align-your-work-with-u-s-national-priorities/): Why Framing Matters More Than Credentials If you are a highly skilled professional, an AI engineer, a biomedical researcher, a semiconductor architect, a clean energy innovator, or an expert in any field that shapes the future, you may have heard that the EB-2 National Interest Waiver (NIW) could be your pathway to a U.S. green […]
- [NIW vs EB-1A: Which Self-Petition Green Card Is Better For You?](https://silmilaw.com/niw-vs-eb-1a-which-self-petition-green-card-is-better-for-you/): If you are a highly skilled professional trapped in the H-1B cycle, watching priority dates inch forward by months while years of your career slip by — you have probably already discovered that there are two powerful self-petition pathways out: the EB-2 National Interest Waiver (NIW) and the EB-1A Extraordinary Ability Green Card. Both allow […]
- [EB-1A Critical Role vs. Leading Role: The Distinction That Determines Whether You Get an RFE](https://silmilaw.com/eb-1a-critical-role-vs-leading-role-the-distinction-that-determines-whether-you-get-an-rfe/): A critical role in an EB-1A petition is established by showing that the petitioner’s work was of significant importance to the outcome of the organization’s activities. A leading role is established by title, organizational chart position, and supervisory responsibility. These are two separate legal standards under 8 CFR 204.5(h)(3)(viii). Using language associated with leadership when arguing a critical role claim causes adjudicators to apply the wrong analytical framework — and is one of the most predictable sources of EB-1A RFEs.
- [The 60-Day Countdown: What Really Happens After a Layoff on an H-1B](https://silmilaw.com/layoff-on-hb1-visa/): Losing your job is hard. Losing it on an H-1B is something else entirely,  it’s an emotional blow with a legal clock attached. And that clock starts on day one. The day everything changes It usually starts with a meeting that wasn’t on your calendar. Sometimes it’s a 15-minute call with HR. Sometimes it’s a […]
- [Here’s Why Even Highly Qualified Eb-1A Applicants Get Denied (And How To Avoid Them)](https://silmilaw.com/heres-why-even-highly-qualified-eb-1a-applicants-get-denied-and-how-to-avoid-them/): Even highly accomplished professionals get denied for the EB-1A visa every day. Not because they lack achievements but because their case wasn’t strategically presented. The EB-1A (extraordinary ability green card) is one of the most powerful immigration pathways in the U.S., but it’s also one of the most misunderstood. Many applicants believe they meet the […]
- [Step-by-Step Guide: How to Prepare a Winning EB-1A Petition](https://silmilaw.com/step-by-step-guide-how-to-prepare-a-winning-eb-1a-petition/): The EB-1A immigrant visa category is one of the most powerful employment-based pathways to U.S. permanent residence. It is designed for individuals who have reached the very top of their field and can demonstrate “extraordinary ability” in the sciences, arts, education, business, or athletics. Unlike many other employment-based green card categories, EB-1A does not require […]
- [When Time Is Not on Your Side: Standing With a Mother in Detention During her Son’s Death](https://silmilaw.com/mother-in-detention-sons-death/): Earlier this year, Silmi Law’s attorney Sarah Takyi-Micah represented a Maryland mother who was taken into ICE custody while her teenage son was critically ill with cancer. Within days of her detention, his condition worsened rapidly. What followed was a race against time that no family should ever have to endure. The Human Impact of […]
- [Preparing a Strong EB-2 NIW Case for Technology Experts:](https://silmilaw.com/preparing-a-strong-eb-2-niw-case-for-technology-experts/): Why Your Post-Approval Plan Matters More Than You Think The EB-2 National Interest Waiver (NIW) has become one of the most powerful immigration pathways for senior technology professionals: AI architects, semiconductor engineers, cybersecurity leaders, distributed systems experts, robotics innovators, and other high-impact technologists. One of the most attractive features of the NIW classification is what […]
- [A Major Shift in EB 1A Adjudications: Court Rejects Final Merits Denials](https://silmilaw.com/a-major-shift-in-eb-1a-adjudications-court-rejects-final-merits-denials/): For many years, USCIS has adjudicated EB 1A petitions using what it calls a “two-step” process. Under this approach, USCIS first determines whether the petitioner submitted evidence that satisfies at least three of the ten criteria listed in the EB 1A regulation at 8 C.F.R. § 204.5(h)(3), unless the petitioner relies on a single major […]
- [A Major EB-1A Court Win Brings New Hope for High-Skill Professionals Facing Long Green Card Delays](https://silmilaw.com/a-major-eb-1a-court-win-brings-new-hope-for-high-skill-professionals-facing-long-green-card-delays/): If you’re a highly skilled professional working in the U.S.—in software, AI, semiconductors, energy, data, or advanced engineering—you may feel like you’ve done everything right and yet your future still feels uncertain. You’ve built real expertise. You’ve contributed to innovation. You’ve helped move technology, products, or systems forward. And still, year after year, immigration delays […]
- [2026 Immigration Outlook: What USCIS Strategy Really Requires Now](https://silmilaw.com/2026-immigration-outlook-what-uscis-strategy-really-requires-now/): As 2025 came to a close, immigration uncertainty did not slow down, it intensified. In a year-end YouTube live session, immigration attorney Sharif Silmi addressed what many highly skilled professionals are quietly experiencing: More scrutiny. More unpredictability. And more pressure,  even for individuals who have followed every rule. The key takeaway from that discussion was […]
- [EB-1A Critical Role Does Not Require Working Alone: How Team-Based Contributions Satisfy USCIS Standards](https://silmilaw.com/eb-1a-critical-role-does-not-require-working-alone-how-team-based-contributions-satisfy-uscis-standards/): One of the most common misconceptions I encounter in EB-1A cases is the belief that a beneficiary must have worked alone, or exercised formal managerial authority, to qualify under the “critical role” criterion. This misunderstanding frequently leads otherwise strong candidates to undervalue their record or worse, to frame their evidence in a way that invites […]
- [EB-1A Testimonial Letters: What USCIS Actually Looks For](https://silmilaw.com/eb-1a-testimonial-letters-what-uscis-actually-looks-for/): USCIS does not approve EB-1A cases based on the number of testimonial letters submitted. Instead, adjudicators evaluate whether those letters demonstrate independent recognition, legal relevance, and alignment with the EB-1A final merits standard. Generic or poorly structured letters often weaken otherwise strong cases. Testimonial letters can meaningfully strengthen an EB-1A (Extraordinary Ability) petition—but only when […]
- [EB1A Crackdown: Why USCIS Is Revoking Petitions and How to Avoid the Trap](https://silmilaw.com/eb1a-crackdown-why-uscis-is-revoking-petitions-and-how-to-avoid-the-trap/): What Indian professionals in the U.S. need to know about fake credentials, profile-building scams, and how to build a winning EB1A case with real substance. A major controversy is unfolding in the EB1A green card space: USCIS is revoking previously approved petitions from Indian nationals who relied on fraudulent, flimsy, or purchased evidence to meet the EB1A […]
- [Why 2025 Is the Perfect Year to Become a U.S. Citizen](https://silmilaw.com/why-2025-is-the-perfect-year-to-become-a-u-s-citizen/): In our latest YouTube Live discussion, Managing Attorney Sharif Silmi broke down the state of Green Card holders and explained why naturalization should be your next strategic move. If you hold a lawful permanent resident (LPR) card, keep reading—you could be just months away from voting, traveling on a U.S. passport, and opening new doors […]
- [Does My Salary Meet EB1A Criteria? Here’s the Real Answer.](https://silmilaw.com/does-my-salary-meet-eb1a-criteria-heres-the-real-answer/): Almost every single day for nearly a decade, I’ve received the same question from clients and prospective clients alike: “Does my salary meet the EB1A criteria?” At first glance, this might seem like a simple question. But the truth is, the answer is much more nuanced. USCIS doesn’t just look at a number. Instead, they compare […]
- [USCIS Announces New EB-1A Policy Updates: Key Changes as of October 2, 2024](https://silmilaw.com/uscis-announces-new-eb-1a-policy-updates-key-changes-as-of-october-2-2024/): On October 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) released new policy guidance on the types of evidence considered for EB-1A (Extraordinary Ability) petitions. This update is particularly relevant for applicants seeking to demonstrate sustained acclaim in their field, as it clarifies several aspects of evidence evaluation. Here’s what you need to know […]
- [Understanding What Constitutes a High Salary for EB1A Visa Criteria](https://silmilaw.com/understanding-what-constitutes-a-high-salary-for-eb1a-visa-criteria/): When applying for an EB1A visa, one of the key criteria to focus upon in support of your application is demonstrating that you command a “high salary or other significantly high remuneration in relation to your peers” in your field. However, understanding what USCIS considers a high salary can be complex.  The term “high salary” […]
- [Can I File for EB-1A If I Meet Only Three Criteria?](https://silmilaw.com/navigating-u-s-immigration-policy-changes-in-2024/): A lot of clients ask, “Can I file for an EB-1A visa if I only meet three criteria?” This is a common question, especially among those who meet the criteria of original contributions of major significance, a high salary, and leading or critical roles within their organizations. The short answer is yes—you can file for […]
- [What is the Impact of Team Awards on the EB1A Process?](https://silmilaw.com/what-is-the-impact-of-team-awards-on-the-eb1a-process/): A team award is a recognition given to a group of individuals who have collectively accomplished a significant contribution or demonstrated excellence in a particular field or project. Unlike individual awards, which highlight the personal achievements of an individual, team awards recognize the collaborative efforts, and success of a team working together towards a shared […]
- [Extending Your Stay Beyond L-1 Visa Maximum: Options for Extending Your Status](https://silmilaw.com/extending-your-stay-beyond-l-1-visa-maximum-options-for-extending-your-status/): The L-1 Intra-Company Transferee visa is a non-immigrant work visa. It allows qualifying foreign employees of multinational companies to be temporarily transferred to a parent, subsidiary, affiliate, or branch of the same company in the U.S. There are two main categories under the L-1 visa: 1. L-1A Visa for managerial or executive roles within the […]
- [Elevating Your EB-1A Petition: The Impact of Letters of Support](https://silmilaw.com/elevating-your-eb-1a-petition-the-impact-of-letters-of-support/): For individuals seeking an EB-1A visa based on extraordinary ability in the business realm, letters of support become an essential part of their petition. These letters, whether from recognized experts in your field or professionals who are not personally acquainted with you, play a pivotal role in substantiating the extraordinary nature of your achievements.  When […]
- [How Do You Know If You Hold a Critical or Leading Role in a Distinguished Organization under EB-1A?](https://silmilaw.com/how-do-you-know-if-you-hold-a-critical-or-leading-role-in-a-distinguished-organization-under-eb-1a/): In the realm of EB-1A visas tailored for individuals with extraordinary abilities for BUSINESS related contributors, the importance of performing a critical or leading role within an organization cannot be overstated. You might be curious about what exactly qualifies as a critical or leading role within a distinguished organization. Well, the assessment involves a two-pronged […]
- [Understanding the Field for Which Classification is Sought: The Keystone for EB1A Petitions](https://silmilaw.com/understanding-the-field-for-which-classification-is-sought-the-keystone-for-eb1a-petitions/): Navigating the complexities of the EB1A petition process requires a strategic approach and an in-depth understanding of the criteria involved. One of the most critical elements in this process is articulating the “field for which classification is sought.” This aspect is not just a formality; it is the cornerstone of your entire petition, shaping how […]
- [What Happens After Being Laid Off on an H-1B Visa?](https://silmilaw.com/what-happens-after-being-laid-off-on-an-h-1b-visa/): If you’ve recently been laid off while on an H-1B visa, it is totally understandable to feel stressed. But instead of letting that overwhelm you, it’s time to explore your options and take matters into your own hands. Even though things might seem tough, there are still paths you can take to move forward. Here […]
- [Additional USCIS Fees for Self-Petition Applicants in National Interest Waiver and EB1A Categories: Asylum Program Fees](https://silmilaw.com/additional-uscis-fees-for-self-petition-applicants-in-national-interest-waiver-and-eb1a-categories-asylum-program-fees/): If you are an employer looking to hire foreign employees, it is important to keep track of USCIS fee updates. These updates are made to align with the costs of providing USCIS services. USCIS is a fee-funded agency and 96% of USCIS funding is derived from these fees, highlighting the critical role of fee adjustments […]
- [Understanding the Criteria for EB1A and NIW Self-Petitions](https://silmilaw.com/understanding-the-criteria-for-eb1a-and-niw-self-petitions/): Lorem ipsum dolor sit amet, consectetur adipiscing elit. Lectus mi nisl nulla interdum lorem. Quis pellentesque quam sit in convallis volutpat. In vestibulum senectus sit hendrerit. Tortor proin sed sem.
- [Adjustment of Status: Requirements of form I944](https://silmilaw.com/adjustment-of-status-requirements-of-form-i944/): Form I-944 is a relatively new form used by United States Citizenship and Immigration Services to determine whether an applicant is inadmissible based on the public charge ground. The Form I944 is required for all employment and family based applications. According to Immigration and National Act (INA) section 212, a foreign national is considered inadmissible […]
- [Most Common Misconceptions about the EB1A Visa](https://silmilaw.com/most-common-misconceptions-about-the-eb1a-visa/): There are three classifications in the first category of employment-based immigration to the United States. (1) EB1A, for individuals of extraordinary ability, is what this article will focus on. (2) The second, EB1B, is for outstanding professors and researchers, you should note that this type of visa requires an employer’s sponsorship; and, (3) EB1C, a […]
- [Marriage Green Card vs. Fiancé(e) Visa](https://silmilaw.com/marriage-green-card-vs-fiancee-visa/): Lorem ipsum dolor sit amet, consectetur adipiscing elit. Lectus mi nisl nulla interdum lorem. Quis pellentesque quam sit in convallis volutpat. In vestibulum senectus sit hendrerit. Tortor proin sed sem.
- [Expand Your Horizons this Year via the E-2 Investor Visa](https://silmilaw.com/expand-your-horizons-this-year-via-the-e-2-investor-visa/): Lorem ipsum dolor sit amet, consectetur adipiscing elit. Lectus mi nisl nulla interdum lorem. Quis pellentesque quam sit in convallis volutpat. In vestibulum senectus sit hendrerit. Tortor proin sed sem.
- [What do I need to know about obtaining an immigrant visa through marriage?](https://silmilaw.com/what-do-i-need-to-know-about-obtaining-an-immigrant-visa-through-marriage/): Lorem ipsum dolor sit amet, consectetur adipiscing elit. Lectus mi nisl nulla interdum lorem. Quis pellentesque quam sit in convallis volutpat. In vestibulum senectus sit hendrerit. Tortor proin sed sem.
- [Mistakes to avoid with EB1A recommendation letters](https://silmilaw.com/mistakes-to-avoid-with-eb1a-recommendation-letters/): The below note by Attorney Sharif Silmi is adapted from the USCIS Policy Manual instructions to adjudicators regarding the probative value of ‘recommendation letters of support’ in an EB1A petition. Many petitions to classify a person with extraordinary ability contain recommendation letters of support. Letters of support, while not without weight, should not form the cornerstone of a successful claim […]
- [Can I Travel While Naturalizing?](https://silmilaw.com/can-i-travel-while-naturalizing/): While you are applying for naturalization in the United States, you are allowed to travel. There are no travel restrictions after completing your Form N-400, also called the Naturalization Application. You are free to go abroad while your application is processed, one of the benefits of legal permanent residence or a green cardholder. However, there […]
- [Guide to Adjustment of Status for U.S. Immigration](https://silmilaw.com/guide-to-adjustment-of-status-for-u-s-immigration/): Have you been living in the U.S. on a temporary visa or without status and seeking to make your stay permanent? You will need to undergo the adjustment of status (AOS) process to get your permanent resident card. Here is an overview of the steps to adjustment of status. 1. Determine Your Eligibility for a […]
- [What happens to my Green Card if my Citizenship Application is denied?](https://silmilaw.com/what-happens-to-my-green-card-if-my-citizenship-application-is-denied/): Presently, the average naturalization (citizenship) process can take 12 to 15 months; some USCIS field offices take even longer, depending on volume and staffing levels. In the last few years, there has been a significant spike in the number of people applying for naturalization. We often hear what will happen to their Green Card if […]
- [U.S. Immigration Options for Canadian Nationals](https://silmilaw.com/u-s-immigration-options-for-canadian-nationals/): Options for Canadians to immigrate to or live and work in the United States vary depending on why one is seeking to become a U.S. resident. Some of the most common reasons Canadians move to the United States include education, employment, business opportunities, and the more favorable tax regime in many U.S. jurisdictions, including Puerto […]
- [Will Congress Eliminate Per-Country Limits on Employment-Based Visa?](https://silmilaw.com/will-congress-eliminate-per-country-limits-on-employment-based-visa/): This article addresses some of the latest developments that concern individuals who have lived through a decade-long immigration backlog, especially for individuals born in India and China. The US immigration system in terms of the employment-based category works by focusing the immigration priority on chargeability, determined by the country of birth. Individuals born in larger […]
- [EB1A and EB2 National Interest Waiver for Semiconductor Manufacturing](https://silmilaw.com/eb1a-and-eb2-national-interest-waiver-for-semiconductor-manufacturing/): here are two branches of Immigration law that we deal with regularly, one being family-based Immigration whereas the other is employment-based. However, today our focus is on employment-based Immigration and some recent developments relating to self-petition in the employment-based categories. On increasing demand from people willing to start businesses in the US, we are going […]
- [E-2 Business Investor Visa](https://silmilaw.com/e-2-business-investor-visa/): The E-2 treaty investor visa is a highly advantageous visa that foreign entrepreneurs can use to live and operate their business in the United States. Like most US visas, the E-2 visa involves a series of processes and requirements an applicant must meet. However, with the right information and guidance, you can acquire the visa […]
- [K-1 Visa- Petition for a Fiancé of a U.S. Citizen](https://silmilaw.com/k-1-visa-petition-for-a-fiance-of-a-u-s-citizen/): If you have ever watched the program 90-day fiancé you may know that a K-1 visa is a non-immigrant (temporary) visa that permits the fiancée or fiancé of a U.S. citizen to enter the United States to get married. A K-1 visa is different from a marriage-based immigrant visa. The K-1 visa is an excellent […]
- [O-1 Visa Processing](https://silmilaw.com/o-1-visa-processing/): The O-1 visa for Individuals with Extraordinary Ability or Achievement is a nonimmigrant work visa in the United States that offers more advantages and flexibilities than other temporary work visas lack. With the complexity of the requirements, working with an immigration attorney who is highly experienced in processing an O-1 visa will improve the likelihood […]
- [How to Process EB-2 National Interest Waiver Green Card](https://silmilaw.com/how-to-process-eb-2-national-interest-waiver-green-card/): The EB-2 National Interest Waiver is one of two employment-based green cards that can be attained through a self-petition. Advantages of EB-2 National Interest Waiver The EB-2 National Interest Waiver offers eligible applicants a wide range of advantages, which include: It doesn’t require employer sponsorship. This means if you don’t need an employer to sponsor […]
- [How to File I-130 for a Family-Based Green Card](https://silmilaw.com/how-to-file-i-130-for-a-family-based-green-card/): The United States immigration law allows U.S. citizens and permanent residents to sponsor their “eligible relatives” who wish to migrate to the U.S. through the family-based green card process. To achieve this, the petitioner (a U.S. citizen or permanent resident) will need to submit Form I-130 to the United States Citizenship and Immigration Services (USCIS). […]
- [Impact of Merger on PERM Green Card & I-140](https://silmilaw.com/impact-of-merger-on-perm-green-card-i-140/): A corporate merger or acquisition can change the entire structure of an organization and impact its workforce. In US immigration and labor laws, merger/acquisition can impact a foreign employee’s green card application process, especially at the PERM labor certification and the I-140 submission stage. How Does Merger or Acquisition Affect Green Card Application? When a […]
- [All About EB1A Green Card Petition](https://silmilaw.com/all-about-eb1a-green-card-petition/): The EB-1A is the most misunderstood category of employment-based green cards. Due to its seemingly stringent eligibility requirements, many people avoid it and opt for other options. This article explains all you need to know about the EB-1A green card and how to leverage achievements you have made in your field of endeavor to qualify […]
- [H-1B transfer: What You Need to Know](https://silmilaw.com/h-1b-transfer-what-you-need-to-know/): The H-1B is a petition-based nonimmigrant visa that must be sponsored by a US-based employer. However, after getting the visa, the beneficiary (foreign worker) may choose to work for another employer other than the one who sponsored the visa. This can happen either after working for the employer for some time or even before working […]
- [Determine Whether You’re Eligible to Apply For A Green Card](https://silmilaw.com/determine-whether-youre-eligible-to-apply-for-a-green-card/): To become a lawful permanent resident in the United States one must determine whether they are eligible to apply for a green card. Who is Eligible for Green Card Application? Whether you are currently in or outside the U.S., you may qualify for a green card if you meet the eligibility requirements under one of […]
- [7 Benefits of Having a Green Card](https://silmilaw.com/7-benefits-of-having-a-green-card/): United States permanent resident status is among of the most sought-after in the world, due to its numerous associated advantages. Acquiring a Green Card (officially called a Permanent Resident Card) is a life-changing achievement that will positively impact every aspect of your life. The following are some of the benefits you will enjoy as a […]
- [Take A Comprehensive Approach To EB1A](https://silmilaw.com/take-a-comprehensive-approach-to-eb1a/): In pursuit of an EB1A case, folks need to understand that qualification is not solely dependent on the whether they meet the 10 criteria listed on the USCIS website. Rather, the correct approach is to consider the three requirements under the relevant statute of the Immigration and Naturalization Act. Paraphrased, the requirements are as follows, […]
- [Your EB1A Case Is All About Field Of Endeavor](https://silmilaw.com/your-eb1a-case-is-all-about-field-of-endeavor/): When one carefully reviews the statute that lays out the requirements for the EB1A petition, they will find that everything depends on field of endeavor. The INA lays out a three-part test for EB1A, paraphrased the requirements are as follows: 1. That they need to demonstrate they will prospectively benefit the United States, i.e. that […]
- [Salary And EB1A: Adjudicators Want You To Show Them The Money](https://silmilaw.com/salary-and-eb1a-adjudicators-want-you-to-show-them-the-money/): Individuals considering applications for EB1A often consider their own qualification from a “post doctoral frame of reference.” The reality is that an  EB1A case is decided based on the specific field one is engaged in, and in many instances publications and specific journal review work is unrelated to the purpose of the individual’s endeavor. In […]

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