Author Archives: Jay Butchko
The Role of Comprehensive Evidence Portfolios in Successful O-1 Visa Petitions
The O-1 visa is designed specifically for individuals possessing extraordinary ability or achievement in their respective fields, such as science, business, education, athletics, or the arts. While meeting the high standards set by U.S. Citizenship and Immigration Services (USCIS) can be challenging, assembling a comprehensive and persuasive evidence portfolio is crucial to demonstrating eligibility…. Read More »
Utilizing the O-1 Visa as an Alternative to H-1B Visas: Comparative Advantages for Employers and Employees
For many employers and international professionals, the H-1B visa has traditionally been the primary pathway to work authorization in the United States. However, increasingly stringent regulations, annual caps, and lottery uncertainties have made the H-1B process challenging for companies and their prospective foreign national employees. As a result, many businesses are exploring alternative visa… Read More »
Understanding Good Moral Character Requirements in Naturalization
Good Moral Character (GMC) is a crucial legal requirement that applicants must satisfy to successfully obtain U.S. citizenship through naturalization. USCIS meticulously evaluates each applicant’s background, character, and behavior to ensure adherence to statutory criteria. The requirement of GMC is inherently subjective, guided by regulations and case law, making it essential for applicants and… Read More »
PERM Labor Certification for Multinational Companies: Complexities and Strategic Considerations
Multinational corporations operating in the United States often rely heavily on international talent to fill specialized roles critical to their operations. For these companies, navigating the complexities of PERM (Program Electronic Review Management) Labor Certification is essential. Managed by the U.S. Department of Labor (DOL), PERM is the foundational step in obtaining permanent residency… Read More »
President Trump’s “Gold Card” Visa Announcement: Potential Impacts on the EB-5 Program
On February 25, 2025, former President Donald Trump announced a plan to significantly alter the landscape of investment-based immigration by proposing the termination of the current EB-5 immigrant investor visa program and its replacement with a new “Gold Card” visa. This announcement has understandably caused confusion and uncertainty among current and potential EB-5 investors… Read More »
USCIS Reaches H-2B Cap for Second Half of FY 2025: Supplemental Visa Filing Dates Released
H-2B Visa Cap Reached for FY 2025 The United States Citizenship and Immigration Services (USCIS) has announced that the congressionally mandated H-2B visa cap for the second half of fiscal year (FY) 2025 has been reached. This development is particularly significant for U.S. employers reliant on temporary, non-agricultural foreign workers to meet their labor… Read More »
What is Birthright Citizenship, and what is the Constitutional Debate about?
Birthright citizenship is a cornerstone of American identity, enshrined in the 14th Amendment to the U.S. Constitution, which declares, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Despite this constitutional guarantee, the concept has been the subject of political and legal… Read More »
What Is the Freedom of Information Act and How Does It Apply to Immigration Cases?
The Freedom of Information Act (FOIA) is a vital tool for transparency in government, allowing individuals, attorneys, and advocates to access records held by federal agencies. Originally enacted in 1966, FOIA ensures that the operations and decisions of the U.S. government are open to scrutiny, fostering accountability and empowering individuals to obtain information critical… Read More »
USCIS Announces Updated Guidance for Filing Form I-140 with the FLAG System: What Employers and Petitioners Need to Know
On January 13, 2025, U.S. Citizenship and Immigration Services (USCIS) announced updated procedures for filing Form I-140, Immigrant Petition for Alien Workers, in alignment with the U.S. Department of Labor’s (DOL) Foreign Labor Application Gateway (FLAG) system. This Federal Register notice (FRN) clarifies documentary requirements for petitions accompanied by a permanent labor certification, Schedule… Read More »
USCIS Updates Guidance on EB-2 National Interest Waiver Petitions: What You Need to Know
On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) announced updated policy guidance on EB-2 National Interest Waiver (NIW) petitions, providing clarity on how eligibility is evaluated for this employment-based immigrant visa classification. The new guidance focuses on critical aspects of the NIW process, including how USCIS evaluates evidence for advanced degree professionals… Read More »