Author Archives: Jay Butchko
TN NAFTA Visas: A Pathway for Professionals from Canada and Mexico
The TN NAFTA visa offers a unique and streamlined pathway for professionals from Canada and Mexico to work in the United States. Established under the North American Free Trade Agreement (NAFTA) and continued under its successor, the United States-Mexico-Canada Agreement (USMCA), the TN visa is designed to facilitate the temporary entry of qualified professionals… Read More »
The EB-5 Visa Classification: A Pathway to U.S. Residency Through Investment
The EB-5 visa program, established by Congress in 1990, offers a unique pathway to U.S. residency for foreign investors. Designed to stimulate the U.S. economy through job creation and capital investment, the EB-5 program has become an attractive option for many investors worldwide. The EB-5 visa, or the Immigrant Investor Program, allows foreign nationals… Read More »
Schedule I Substances and Immigration Consequences for Noncitizens
In recent years, many states and localities have moved toward legalizing and decriminalizing certain controlled substances, particularly marijuana and Psilocybin, also known as “Magic Mushrooms” or “Shrooms.” However, these state-level changes do not affect the federal Controlled Substances Act (CSA), which continues to classify marijuana and other substances as Schedule I drugs. On May… Read More »
The Impact of the Supreme Court Overturning the Chevron Doctrine on Immigration Policies
The recent decision by the U.S. Supreme Court to overturn the longstanding Chevron Doctrine represents a shift in the landscape of administrative law and its implications for immigration policies. The Chevron Doctrine, established over 40 years ago, mandated that federal courts defer to agency interpretations of ambiguous statutes. By dismantling this precedent, the Supreme… Read More »
Comparing L-1 and H-1B Visas: Which Is Right for Your Business Needs?
Businesses looking to employ foreign nationals often find themselves weighing the benefits of two prominent visa categories: the L-1 visa for intracompany transferees and the H-1B visa for specialty occupation workers. Both visas serve as critical tools for companies aiming to leverage global talent, but they cater to different needs and scenarios. Understanding the… Read More »
From L-1 to Green Card: Transitioning from a Temporary Worker to a Permanent Resident
For many L-1 visa holders, the journey to the United States begins with the promise of temporary work as an intracompany transferee. However, the ultimate goal for some is to transition from this temporary status to becoming a lawful permanent resident (LPR), commonly known as holding a green card. This transition is not just… Read More »
The Concept of “Dual Intent”: Understanding Its Application in U.S. Immigration
In U.S. immigration law, the concept of “Dual Intent” occupies a unique and crucial position. It allows certain visa holders to enter the U.S. with the intention of both visiting temporarily and seeking to become permanent residents. This legal framework acknowledges that individuals can simultaneously hold the intent to stay temporarily and the desire… Read More »
The L-1 Visa For Multinational Companies
The L-1 visa serves as a bridge for multinational companies to transfer key employees to the United States, fostering international business growth and collaboration. Split into two distinct categories—L-1A for executives and managers and L-1B for employees with specialized knowledge—this visa program is a cornerstone for global businesses aiming to leverage their international talent…. Read More »
The Benefits Of A National Interest Waiver
A National Interest Waiver – or “NIW,” for short – is an immigrant arrangement that offers a wide variety of unique benefits. Going over these benefits and how they affect one’s life in the United States, while speaking with an immigration lawyer, will allow an immigrant to live a good life in the United… Read More »
The Advantages Of An Immediate Relative Visa
A wide assortment of different family-based immigration visas are available to those who would like to live, visit, and/or work in the United States. Just as you might assume, one of these family-based immigration visas is an immediate relative visa. Going over the advantages of pursuing, and obtaining, an immediate relative visa, while speaking… Read More »