Immigration Articles
Analysis and updates on immigration matters from Anthony Girand, Esq.
Visit the Immigration Lawyer PageNew Form I-765 Requirements for Academic Students and Exchange Visitors
USCIS now requires the September 15, 2026 edition of Form I-765—employers sponsoring F-1 and J-1 talent must update compliance protocols immediately to avoid authorization gaps.
Read MoreNavigating the Expanded Public Charge Rule: Employer and Applicant Risks
USCIS's expanded public charge rule takes effect September 18, 2026, giving adjudicators broad discretion over Medicaid and housing benefits—raising real risks for employers and applicants alike.
Read MoreDHS Move to Eliminate the 60-Day Grace Period: Employer Strategies
DHS's advancing proposal to eliminate the 60-day grace period demands immediate action: employers must rebuild offboarding, recruitment, and portability contingency plans now.
Read MoreNew 9-11 Biometric Fee Requirements for H-1B and L-1 Extensions
A DHS rule effective August 2026 layers new biometric fees onto H-1B and L-1 extensions, requiring high-volume employers to reassess visa program budgets and compliance protocols now.
Read MoreUSCIS Policy Shift: Immediate Denials Without Requests for Evidence
USCIS's 2026 policy shift allows outright denials without RFEs, making flawless, fully documented initial filings essential to avoid costly rejections.
Read MoreFLASH UPDATE: August 2026 USCIS Policy on Immediate Benefit Request Denials
USCIS's August 2026 policy lets officers deny weak petitions without an RFE, demanding a "final-ready" filing strategy for every business immigration submission.
Read MoreMitigating Audit Risks Under the 2026 DOL PERM Wage Transparency Rule
As state wage transparency laws collide with federal PERM recruitment rules, employers face new audit exposure—here's how to build a defensible, integrated compliance framework.
Read MoreManaging L-1 Transfers Under the 2026 Substantial Managerial Control Rule
DHS's 2026 evidentiary shift demands proof of real, continuous managerial control—not just titles—reshaping how multinational executives document L-1A eligibility.
Read More46,000 Extra Employment-Based Green Cards for FY 2026: What It Means for You
The State Department reports about 46,000 extra employment-based green cards for FY 2026, pushing the cap to 186,000. Here's why priority dates are moving and how to be ready to file.
Read MoreLaid Off on an H-1B: Your 60-Day Grace Period Survival Guide
Laid off on an H-1B? Learn exactly how the 60-day grace period works, when the clock starts, and the concrete steps to protect your status.
Read MoreH-1B Visa Denials in 2026: Understanding the New RFE Trends
USCIS has issued a sharp increase in Requests for Evidence on H-1B petitions in 2026. Here's what employers and beneficiaries need to know to avoid denial.
Read MoreH-1B Visa 2025–2026: What the New $100,000 Fee and Weighted Lottery Mean for Employers and Workers
The H-1B program changed significantly in late 2025. Learn what the new $100,000 petition fee, weighted lottery system, and USCIS rule updates mean for employers and foreign professionals seeking U.S. work authorization.
Read MoreAI-Driven Tech Layoffs and Your Long-Term Immigration Strategy
As AI reshapes big tech, layoffs can jeopardize a pending green card. Here's how PERM timelines, priority dates, and employer choice affect your long-term path.
Read MoreTrump v. Barbara: What the Supreme Court Actually Ruled on Birthright Citizenship
On June 30, 2026, the Supreme Court struck down President Trump's executive order seeking to end birthright citizenship, affirming that the Fourteenth Amendment guarantees citizenship to nearly all children born on U.S. soil. Here is a plain-language breakdown of the decision.
Read MoreCommon Mistakes That Can Derail Your H-1B Transfer
A new offer is exciting—but one misstep can jeopardize your status. Here are the most common H-1B transfer mistakes and how to avoid them.
Read MoreEB-5 Investment Visas After the Reform and Integrity Act: A 2026 Update
The EB-5 Reform and Integrity Act continues to reshape investor visa strategy. Here's what prospective investors need to know in 2026.
Read MoreBeyond a New Sponsor: Status Options After an H-1B Layoff
Laid off on H-1B? A new sponsor isn't your only option—B-2, O-1, and H-4 pathways can buy time and open doors you may not have considered.
Read MoreImmigration Options for Startup Founders
A look at the main visa pathways available to startup founders, including H-1B, O-1, and E-2, and how corporate structure choices affect immigration strategy.
Read MoreThe Trump Gold Card Explained: What It Is, What It Costs, and What Attorneys Are Actually Telling Clients
The Trump Gold Card launched in December 2025. It costs $1 million plus fees, requires independent EB-1 or EB-2 eligibility, and is not a simple purchase of residency. Here is what you need to know before applying.
Read MoreK-1 Fiancé(e) Visa 2025: The Complete Guide to Bringing Your Foreign Fiancé(e) to the United States
The K-1 visa allows U.S. citizens to bring their foreign fiancé(e) to the U.S. to marry within 90 days. Learn the eligibility requirements, the step-by-step process, timelines, and what happens after the wedding in 2025.
Read MoreThe H-1B Portability Rule: What to Know Before Accepting a New Offer
H-1B portability lets you start a new job before approval—but timing, premium processing, and prior-employer withdrawals carry real risks. Here's what to know first.
Read MoreIf You Are Facing Deportation and Your Children Are U.S. Citizens: How to Build a Family Preparedness Plan That Protects Your Kids
If you are undocumented or in removal proceedings and your children are U.S. citizens, a family preparedness plan is the most important thing you can do right now. Here is a step-by-step guide to protect your kids.
Read MoreO-1 Visa 2025: The Complete Guide to Extraordinary Ability and How to Qualify
The O-1 visa is for individuals with extraordinary ability in science, business, arts, education, or athletics. No lottery. No annual cap. Learn the eligibility criteria, evidentiary standards, and how to build a strong O-1 petition in 2025.
Read MoreH-1B Cap Season 2026: What Employers and Applicants Need to Know
With the FY2026 H-1B cap season approaching, employers and foreign professionals must prepare for key changes to the registration process, increased scrutiny, and new USCIS policies affecting specialty occupation petitions.
Read MoreNavigating Legal Immigration in 2026: H-1B Overhaul, Enforcement Surge, and What Employers Must Know
The 2026 immigration landscape has shifted dramatically — from a new H-1B wage-weighted lottery and a $100,000 visa fee to unannounced employer site visits and tightened work authorization renewals. Here is what individuals and businesses need to understand right now.
Read MoreBirthright Tourism After Trump v. Barbara: What the Ruling Means for Foreign Nationals Who Travel to Give Birth in the U.S.
The Supreme Court's ruling in Trump v. Barbara confirms that children born in the U.S. to temporary visitors are citizens at birth, effectively preserving the legal basis for so-called birthright tourism. Here is what that means, and what it doesn't.
Read MoreH-1B Cap Season 2026: Employer and Beneficiary Guide
What employers and prospective H-1B beneficiaries need to know about the 2026 H-1B cap season, including registration timing, the lottery process, and how to prepare.
Read MoreThe Trump v. Barbara Decision: What It Means for Immigration Practitioners
Beyond its constitutional implications, the Supreme Court's Trump v. Barbara ruling on birthright citizenship carries direct consequences for immigration practice.
Read MoreEB-5 Investor Visa in 2025: Investment Thresholds, TEA Benefits, and What Changes in 2027
The EB-5 investor visa requires a $1,050,000 investment — or $800,000 in a Targeted Employment Area. Learn the current requirements, the 2027 threshold increase, and how the program compares to the new Gold Card.
Read MoreAfter the Wedding: How to Adjust Status to Permanent Resident After Marrying a U.S. Citizen
Getting married to a U.S. citizen is just the beginning of a new legal process. Learn what happens after the ceremony and how to navigate Form I-485, the Affidavit of Support, the interview, and conditional residence.
Read MoreTravel Bans, Benefit Pauses, and the "Hold and Review" Directive: What Immigration Applicants Need to Know in 2026
Executive actions since mid-2025 have reshaped who can enter the U.S., who can adjust status, and how benefit applications are being processed. Here is what immigration applicants need to know in 2026.
Read MoreH-1B Cap Season 2026: What Employers and Beneficiaries Must Know
The H-1B cap lottery and selection process continues to evolve under new USCIS rules. Here is a practical guide for employers and foreign nationals navigating the 2026 filing season.
Read MoreH-1B Visa Lawyer Guide: What Employers and Professionals Need to Know
An overview of the H-1B specialty occupation visa, covering employer petition requirements, the registration and lottery process, and what professionals should know before applying.
Read MoreWhat the Birthright Citizenship Ruling Means for Families Already Living in the U.S.
The Supreme Court's decision in Trump v. Barbara resolves months of uncertainty for undocumented families, visa holders, and their U.S.-born children. Here is what the ruling means in practical terms for people already living in the United States.
Read MoreEB-2 National Interest Waiver (NIW) in 2025: Who Qualifies and How to Self-Petition for a Green Card
The EB-2 National Interest Waiver allows qualified professionals to self-petition for a U.S. green card without employer sponsorship. Learn who qualifies, what evidence USCIS requires, and how the NIW process works in 2025.
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