Author name: Jane Lee

VAWA Self-Petitions: Key Concepts

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VAWA Self-Petitions: Key Concepts (March 4, 2026)

Procedural and Legal Framework: Statutory Basis and Forms: VAWA self-petitions are authorized under the Immigration and Nationality Act (INA) and are filed on Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) by abused spouses, children, and certain parents of U.S. citizens (USCs) or lawful permanent residents (LPRs). Approved I-360s can form the basis for adjustment to LPR status (Form I-485) when a visa is available or when the petitioner is otherwise admissible.

Adjudicative standards “any credible evidence”: USCIS applies an “any credible evidence” standard for VAWA self-petitions. Adjudicators must consider all relevant, believable evidence (including affidavits and secondary evidence) when primary documentary proof is not available because of the dynamics of abuse. This standard is meant to ensure survivors are not penalized when formal documentation (police reports, medical records) is absent. USCIS Policy Manual and filing checklists reiterate this flexible evidentiary approach.

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FY 2027 H-1B Cap Lottery: What Employers Need to Know

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FY 2027 H-1B Cap Lottery: What Employers Need to Know (February 3, 2026)

This year’s H‑1B cap season will operate under a new regulatory framework that changes how registrations are evaluated. Early planning is critical to maximize the likelihood of H-1B lottery selection and minimize financial and compliance risk before the expected March 2026 registration period.

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H-1B Updates Under the Final Rule Effective January 17th, 2025

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H-1B Updates Under the Final Rule Effective January 17th, 2025 (January 28,2025)

USCIS issued new rules for the H-1B program that went into effect on January 17th, 2025. Form I-129, Petition for a Nonimmigrant Worker will be required for all H-1B petitions beginning Jan. 17. This article gives an update on these rules as well as tips for applying as successfully as possible.

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EB-1A Visa Updates for Candidates with Extraordinary Ability

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EB-1A Visa Updates for Candidates with Extraordinary Ability (January 27, 2025)

If you’re applying for a green card based on extraordinary ability, now is the time to make sure your petition and supporting documentation agree with the new U.S. Citizenship and Immigration Services (USCIS) policy guidance issued on October 2, 2024. If your evidence failed to meet requirements under the old guidance, these changes could impact your case’s outcome.

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Consular Processing of an Immigrant Visa Application

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Consular Processing of an Immigrant Visa Application (September 16, 2024)

Preparing for a US Consulate interview for visa applications can seem complex and overwhelming at first glance but can be broken down into 12 steps to ease the process as an attorney or applicant. Visa application interviews typically last less than 10 minutes but involve a lot of preparation ahead of time.

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Child Status Protection Act – Adjusted Age Calculation Clarified

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Child Status Protection Act – Adjusted Age Calculation Clarified (August 5, 2023)

The Child Status Protection Act (CSPA) was passed in 2002 to protect children from aging out of lawful permanent residence status before their application is reviewed. The Immigration and Nationality Act defines a child as an individual who is under 21 years of age and is unmarried, and while the CSPA does not change this definition, it creates new CSPA ages. Between the time an individual files a petition for lawful permanent residence (LPR) and his/her petition is reviewed, he/she may become older than 21. While this would otherwise make immigrants ineligible for certain visas and benefits, CSPA freezes an individual’s age at a certain time frame to prevent him/her from aging out of LPR benefits.

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Cannabis and Immigration Law

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Cannabis and Immigration Law (June 5, 2023)

Marijuana has become a confusing legal field throughout the United States. While marijuana is still illegal at the federal level under the Controlled Substances Act, a majority of states have legalized marijuana in some form, whether just for medical use or also for recreational use. The discrepancies in marijuana law may be even more confusing for immigrants. Immigration law is governed under federal law and is tied to other federal laws and regulations, including the Controlled Substances Act. This means that even if immigrants live in states where marijuana is legalized, they are still prohibited from possession and involvement with marijuana under federal law. The consequences for immigrants who are involved with marijuana in any way can be grave: immigrants may be deported, may be found inadmissible when re-entering the country, and lawful permanent residents may be temporarily barred from establishing good moral character for naturalization.

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Maintenance of Status and Grace Periods for Nonimmigrant Workers

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Maintenance of Status and Grace Periods for Nonimmigrant Workers (April 7, 2023)

Foreign nationals in the United States must maintain their status and lawful presence to remain compliant with U.S. immigration laws. Many nonimmigrants in the United States have an employment-related immigration status for them to perform a specific job and legally remain in the country. When nonimmigrants with employment-related status have their employment terminated, there may be uncertainty on if and how individuals can continue to remain in status and avoid accruing unlawful presence. There are several rules and options related to these occurrences.

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International Entrepreneur Parole Updated

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International Entrepreneur Parole Updated (November 7, 2022)

The International Entrepreneur Parole rule (IEP) is a rule that allows the Department of Homeland Security to grant parole and stay to foreign entrepreneurs. The rule was developed in 2013 by the Obama Administration, and it was set to go into full effect in 2017. However, when Trump became president, he put a halt to the rule. The Biden Administration has made efforts to reinstate the rule. The IEP was created because there is not a specific visa for starting up a company. While the rule allows greater ability for entrepreneurs from different countries to stay in the United States, entrepreneurs and their families must meet certain criteria to be granted parole.

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