What Mexican degrees qualify for TN Visa status?
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What Mexican degrees qualify for TN Visa status?

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.

USCIS Update – Options for Nonimmigrant Workers Following Termination of Employment
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USCIS Update – Options for Nonimmigrant Workers Following Termination of Employment

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. 

What is a USCIS FOIA request and how do I make one?
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What is a USCIS FOIA request and how do I make one?

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.

What are the visa options for Truck Drivers?
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What are the visa options for Truck Drivers?

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.

Does my job offer qualify for a TN visa?
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Does my job offer qualify for a TN visa?

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.

USCIS UPDATE – USCIS Automatic Extension of Green Cards for Naturalization Applicants
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USCIS UPDATE – USCIS Automatic Extension of Green Cards for Naturalization Applicants

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.

Do I need a lawyer to apply for asylum?
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Do I need a lawyer to apply for asylum?

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.

What is the difference between the E-1,  E-2, and E3 Visa?
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What is the difference between the E-1, E-2, and E3 Visa?

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.

Can I commute from Canada or Mexico to the USA on a green card?
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Can I commute from Canada or Mexico to the USA on a green card?

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.

I lost my job while on an H1B Visa, do I have to go through the H1B lottery again?
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I lost my job while on an H1B Visa, do I have to go through the H1B lottery again?

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.