Andrew Wilson's Guides

Preparing for an FDNS Site Visit

I. Background on Worksite Visits Increased Enforcement A memo released in April 2009 from the Department of Homeland Security (DHS) outlined a change in worksite enforcement strategy from focusing on individuals to focusing on employers.The memo reads: Enforcement efforts focu...

Does Corporate Reorganization Trigger Need for New or Amended H-1B Filing

One common immigration question arising from corporate reorganizations is whether a new or amended H-1B petition must be filed for those in H-1B status. With respect to an H-1B, it needs to be determined whether a new H-1B petition through new company needs to be filed or whethe...

Overview of U.S. Immigration

I. The Two Sides of U.S. Immigration U.S. Immigration law is broken up into two main groupingsNon-immigrants and Immigrants. The large majority of non-citizens living legally in the United States fall into one of those two groupings. A. Non-immigrants A non-immigrant is an ind...

Filing for a Green Card Through Marriage to a U.S. Citizen

Obtaining a green card through an immediate relative is perhaps the fastest route to U.S. permanent residency. Under U.S. immigration law, an immediate relative is defined as the spouse, child (under the age of 21 years) or parent of a U.S. citizen. The biggest advantage of the i...

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I-485 Adjustment of Status Portability Under AC21

I-485 adjustment of status portability allows a foreign national to continue on with the green card process through a new U.S. entity wishing to offer a permanent position in the same or similar occupational classification as what is listed in the current green card paperwork. Th...

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Retention of Employment-Based Priority Dates

Earlier Priority Dates are Retained and are Transferrable Unless Revoked for Fraud or Misrepresentation Under applicable CIS and field manual guidance, an individual may use the priority date from an approved EB-1, EB-2 or EB-3 I-140 petition for a subsequently approved EB-1, EB...

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