Mexican nationals can work in the United States under TN Visa status if they meet the necessary educational requirement for the USMCA profession. Each qualifying profession is listed under Appendix 2 of Annex 16-A.A.2 of the USMCA. We discuss the Mexican education of a Cedula, Titulo, and Carta de Pasante for TN Visa purposes here.
On December 19, 2022, USCIS published a new resource containing options that are available for nonimmigrant workers that have lost their employment. We review the options provided by USCIS for nonimmigrant workers that have lost their jobs here.
The Freedom of Information Act (FOIA) provides the public the right to request records from any federal agency, including US Citizenship and Immigration Services (USCIS). USCIS is required to disclose any information requested under the FOIA unless it falls under an exception that protects interests such as personal privacy, national security, and law enforcement. We discuss a USCIS FOIA and how to file one here.
The United States, Canada, and Mexico rely heavily on trade with each other. One of the largest facilitators of trade is transporting goods via tractor-trailer. Under the USMCA, tractor-trailer drivers can transport goods to and from the United States with some limitations. We discuss the profession of a tractor-trailer driver, the principle of cabotage, and allowances under the USMCA here.
After receiving an offer of employment from a US employer, it is crucial to verify that the position you have been offered qualifies for TN Visa status. Many employers don’t contemplate the need for a work visa when drafting the offer letter. Even if they do, they are not sufficiently familiar with the qualifying professions, and requirements for TN Visa offer letters. Before applying for a TN Visa, verifying that your job offer qualifies for a TN Visa is essential. We discuss determining if your job offer qualifies for a TN Visa here.
On December 9, 2022, USCIS announced a policy change that will automatically extend green cards for naturalization applicants. The new policy will go into effect on December 12, 2022. We discuss the new USCIS Policy to Automatically Extend Green Cards for Naturalization Applicants here.
Requesting asylum is a complicated and challenging process that requires substantial supporting evidence and an understanding of immigration law. Even with an experienced asylum lawyer in your corner, asylum claims are very difficult. Before you proceed with an asylum claim you should seek the advice of a competent immigration lawyer with experience in asylum cases. We discuss the importance of legal representation in the asylum process here.
E Visas are for citizens of countries that maintain treaties of commerce with the United States. The purpose of these treaties is to ease trade and navigation between the citizens of treaty countries and the United States. There are three available E-visa categories, the E-1 Visa for Treaty Traders and the E-2 Visa for Treaty Investors, and the E3 Visa for Australians. We discuss the main differences between the E-1, E-2, and E-3 visa categories here.
One of the conditions to maintain lawful US permanent resident status (LPR or Green Card holders) is to maintain and have permanent residence in the United States. In general, a green card holder who moves outside the United States making another country their permanent residence abandons their green card. However, there are exceptions for US permanent residents who commute to the United States for employment from Canada or Mexico. We discuss, “commuter status” for US permanent residents who commute from Canada or Mexico here.
If you have worked under CAP subject H1B Visa status, at one point in time you were granted H1B status through the H1B lottery. Once you are granted H1B status through the lottery, it is not always necessary to re-enter the H1B lottery to accept new employment. In this article, we discuss whether or not you must go through the H1B visa lottery again after the loss of employment.