Latest News :

Immigration Guideline

The Matter of Dhanasar and The Three Prongs of NIW Evaluation

Understanding the criteria for a successful EB2-NIW petition can be complicated and overwhelming. However, knowing the Matter of Dhanasar can help you prepare and grasp the fundamental framework on which EB2-NIW applications are evaluated. Therefore, in this blog, we will explain the three prongs of the Dhanasar and how they are to be addressed when drafting a petition.  Dhanasar vs NYSDOTBefore the Dhanasar framework, up until 2016, the NYSDOT standard governed National Interest Waiver petitions which were known for their narrow and rigid standards. Beneficiaries had to prove their work had substantial intrinsic merit, national scope, and that bypassing labor certification was in the national interest. This framework focused on existing work and traditional occupations instead of focusing on the proposed endeavor, uniqueness, and prospective potential of the beneficiary. The high burden of proof and strict criteria often excluded many qualified individuals, particularly in emerging fields or less traditional roles, from securing an NIW. The Dhanasar Decision, with its broader and more flexible approach, has since made the EB-2 National Interest Waiver process more accessible and inclusive, making it easier for diverse professionals to qualify. The Matter of Dhanasar and its BackgroundMatter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) was actually the name of a specific case with a beneficiary named Dhanasar in 2016. This case and its outcome set a precedent as to how the qualifications of an EB-2 NIW beneficiary should be evaluated. Since then, the Dhanasar framework has set a standard for EB2-NIW cases with three main criteria. These criteria are: 1) Having a proposed endeavor with substantial merit and national importance 2) Being well-positioned to advance the proposed endeavor 3) The proposed endeavor being beneficial to the USA. First Prong: Substantial Merit and National ImportanceLet’s dive into the first criterion of the Dhanasar test with an example. Substantial merit refers to the inherent value and significance of the beneficiary’s proposed future endeavor. For instance, beneficiaries might want to contribute to an emerging and valuable field, such as a scientist working on renewable energy technology or a medical researcher developing a new treatment for a widespread disease. Both renewable energy and developing new treatments are inherently valuable fields, claiming to hold substantial merit. Next, national importance means that the beneficiary’s work will be of considerable value across the United States and worldwide. For example, a new treatment for cancer would be immensely useful throughout the USA and even globally.The Economic Impact Analysis (EIA) drafted by our in-house writers at Raju Law plays an essential role in demonstrating that the beneficiary’s proposed endeavor has substantial merit and national importance. Although not formally a part of an EB2-NIW petition, the EIA provides crucial quantitative evidence, such as statistical data, highlighting social, economic, or financial gaps the endeavor can address.For example, there are 1,958,310 new cancer cases and 609,820 cancer deaths in 2023 in the United States. In this case, an endeavor of inventing a new cancer treatment would greatly minimize cancer deaths. Hence, we can conclude that it fulfills the criterion of having national importance.  Second Prong:

Read More »

Ultimate Guide to International Adoption for U.S. Citizens

International adoption is a legal process enabling individuals and prospective parents to adopt a child from another country and bring them to the USA to live with them permanently. This pathway ensures the establishment of a lifelong, legal parent-child relationship across international borders. To finalize an inter-country adoption and bring a child to the United States, you must meet the requirements established by both the United States Citizenship and Immigration Services (USCIS) and the foreign country where you plan to adopt. The regulations in some foreign countries may include criteria such as a minimum income level, specific marital status, residency in the country for a certain period, and occasionally, adherence to certain religious beliefs. Difference between international and domestic adoption International adoption differs significantly from domestic adoption. Domestic adoption involves adopting a child born in the United States, often with significant involvement from the birth family or birth mother, especially in private adoptions, which are usually open. On the other hand, most international adoptions are closed. In domestic adoption, prospective parents only need to comply with U.S. laws. However, international adoption requires adherence to multiple regulations: Adoptive Parents Eligibility Requirements For Americans considering adoption, including those with disabilities and individuals in protected categories (such as age, sex, race, color, national origin, or religion), compliance with three sets of laws is necessary: U.S. federal law, the laws of the child’s country of origin, and the laws of your home U.S. state. Importantly, U.S. federal law does not have any law against adoption by persons with disabilities or those in federally defined protected categories from adopting. However, some countries from which children are adopted may have restrictions based on disabilities or may not permit adoption by single parents. Additionally, state laws in the U.S. can vary, adding another layer of requirements for prospective adoptive parents to navigate. The United States has specific qualification requirements that prospective parents must fulfill to adopt internationally. The international adoption requirements include the following: Eligibility of an Adopted Child The general rule is that the child must be adopted before turning 16 years old. If the child has a sibling who was adopted by the same parents, the age limit can extend to under 18 years. Different countries have different eligibility criteria for the children for adoption. Ineligibility for Adoptive Parents If one of the adopted parents is ever involved in a felony involving child abuse or neglect, domestic violence, child pornography or sexual assault, it is highly unlikely that they will be considered eligible to adopt a child.However, different countries have different ineligibility criteria for the adoptive parents. For example, Bangladesh allows only Bangladeshi citizens to adopt, Nigeria, Poland, Thailand adoption law do not allow same-sex parenthood for international adoption, Morocco requires the international adoptive parents to be Muslim and Nicaragua and Niger does not allow single parents to adopt from their countries. Therefore, it is really important to do your country and eligibility research while considering international adoption.  Adoption of children under Shari’a law Islamic

Read More »

Understanding Eligibility Criteria for Hindu Religious Workers Seeking an R-1 Visa

Introduction R-1 visa is an employment-based nonimmigrant visa for religious workers who want to come to the United States temporarily to work as a minister or in a religious vocation or occupation and be employed by a: Non-profit religious organization in the United States with a tax-exempt determination letter under section 501(c)(3) of the Internal Revenue Code of 1986; Religious organization that is authorized by a group tax exemption; or Non-profit organization which is affiliated with a tax-exempt religious denomination in the United States Requirements The general requirements for any person who wants to apply for the R-1 visa must fulfill the following conditions: Be a member of a religious denomination for the last two years The religious denomination must have a non-profit organization in the USA Find a US employer who will file the I-129 petition for the applicant for a job in a non-profit religious organization, or an organization affiliated with the religion The applicant must be a minister or a person working directly in the religious occupation or religious vocation The applicant must work at least 20 hours per week (part-time) The applicant must not work in any other positions beyond their religious capacity Eligibility Criteria for Hindu Religious Workers Under an R-1 visa, ministers and religious workers in religious vocations and occupations can come to the USA temporarily to perform religious work. Therefore, under Hinduism, there are two types of religious workers, ministers and non-ministers. Ministers Those who are authorized to conduct religious services by a recognized religious denomination are referred to as ministers. To be eligible to offer religious services, a minister needs to hold a license, certification, or other official recognition from a recognized denomination. In Hinduism, Acharyas (religious teachers) and Pandit/Pujari (Hindu priests) are considered as ministers. Religious Vocations  A religious vocation includes a formal lifetime commitment to a religious way of life through vows, investitures, rituals, or equivalent indicators. In Hinduism, there is a class of people in the religious sect whose entire lives are devoted to religious activities and rituals. The followings are considered as religious vocation: Brahmachari (male) or Brahmacharini (female) (student monks) and Swami (male) or Swamini (female) (monks). Brahmachari or Brahmacharini: A brahmachari or brahmacharini is a person who, at the earlier phases of training and initiation, made a formal lifetime commitment. Swami or Swamini: A Swami or Swamini is a person who has chosen to become a monk for life. Religious Occupation The religious occupation covers all religious workers who perform essential traditional religious functions. For temples, this provision covers the following individuals:  Paricharakara (religious food preparer): Paricharakaras prepare food offerings (prasadam) for Hindu worship services which are then distributed to temple devotees. Sthapati (religious architect): Hindu architects and builders with traditional training are known as stapatis. Shilpi (religious artisan): Hindu sculptors with traditional training are called shilpis. Religious Artists: Hindu religious artists are musicians, singers, and dancers with specialized training who offer devotions or conduct workshops either off-site at the temple or organization or on the premises.

Read More »

Eligibility Criteria and Benefits of the E-2 Treaty Employee Visa

Introduction The E-2 Treaty Employee Visa serves as a pivotal avenue for qualified individuals from treaty countries to work in the United States. Unlike the E-2 Treaty Investor Visa, employees in this regard do not have to invest themselves in the company or organization subject to the E-2 Treaty Investment. Some of the eligibility criteria for the E-2 Treaty Employee Visa and unique benefits are mentioned in the following:  Eligibility Criteria Nationality: The nationality of the employee seeking an E-2 Treaty Employee Visa must be the same as that of the principal alien employer. So, an individual with a nationality other than the principal employer’s nationality cannot be considered an “employee” for the sake of an E-2 Treaty Employee Visa. Moreover, the individual must fit the definition of “employee” under relevant laws.  Qualifying Employer: Applicants must be employed by a qualified U.S. enterprise or organization that meets the criteria for an E-2 visa in case the principal alien employer is not an individual. The enterprise or organization must be at least 50% owned by individuals who are citizens of the treaty country, or it must have substantial operations in the treaty country. Such owners must maintain nonimmigrant treaty investor status, or if the owners are not in the United States, they must be classifiable as nonimmigrant treaty investors if they were to seek admission to these countries. Specialized Skills or Qualifications: Specialized skills or qualifications are essential to an individual’s eligibility for an E-2 Treaty Employee Visa. No certain skillset is specified to qualify for an E-2 Treaty Employee visa automatically. It mostly depends on the degree and the exclusivity. These skills and qualifications must be essential to maintain the efficient operation of the treaty enterprise, and they may include advanced technical capabilities, managerial expertise, and specialized knowledge. Some factors must also be considered, such as prominence in the relevant field, others possessing similar skill sets, salary fit for the skills, and availability of skills and qualifications in the U.S.  Skills surrounded by foreign language and culture are not considered special skills for the E-2 Treaty Employee Visa. Another point to be noted is that any certain skill regarded as special at some point may no longer be qualifying due to it becoming common.  Benefits Employment Opportunity: The E-2 Treaty Employee Visa provides employment opportunities for skilled professionals who aspire to work in the United States with U.S. enterprises in diverse industries. Whether it is a technology startup or a well-established manufacturing firm, eligible employees can utilize their expertise to contribute and drive innovation in the American market. Sponsoring Spouses and Dependents: Similar to E-2 Treaty Investor Visas, principal E-2 Treaty Employee visa holders will get the opportunity to sponsor their spouse and unmarried children under 21 years of age as dependants of the principal applicant. Dependents can accompany the principal visa holder to the United States and enjoy the privileges of living, studying, and, in some cases, working in the country.  Renewability:  The E-2 Treaty Employee Visa is renewable

Read More »

NIW Success story of an Applied Microeconomist

At Rajulaw, we have a longstanding tradition of assisting professionals from a variety of fields, including those within STEM and beyond. A recent success story involves a client from the field of Applied Microeconomics, whose aspirations hinged on the approval of his I-140 petition. The pathway he chose? The National Interest Waiver (NIW)—a route that may raise eyebrows considering his profession. Yet, microeconomists like him can significantly influence a range of critical areas by applying their specialized knowledge to enhance economic policies, boost market efficiencies, and address socioeconomic disparities. Our client, whose expertise lies in Labor Economics and Econometrics, sought to delve deep into the issues of inequality and poverty in the United States, with a sharp focus on the inequality of opportunity. This issue has roots that burrow deep into America’s troubled history, including periods of slavery that have left indelible marks on society. To challenge these entrenched disparities, he proposed a research initiative aimed at examining the relationship between income levels and the quality of U.S. elementary and secondary education, and their collective impact on inequality. His proposed policies, arising from this research, aimed to foster equality across all societal divisions, including race, gender, social class, and parental background. Furthermore, his research intended to address the expanding wage gaps between college-educated individuals and those without higher education—a disparity that has widened alarmingly over the decades. Inequality of opportunity is a complex phenomenon that leads to entrenched generational wealth and income gaps. To tackle this, our client planned to leverage advanced machine learning technologies to analyze the myriad factors contributing to these opportunity gaps comprehensively. Upon retaining our services, we embarked on a thorough review of his professional profile and the ambitious endeavor he proposed. Our team provided expert guidance to refine his project, ensuring that every aspect of the petition was polished, leaving no room for questions or doubts from the USCIS officer. We integrated his academic achievements, professional experiences, and extracurricular activities into a compelling petition that clearly delineated the significance of his proposed research and his aptitude for successfully executing it. To fortify his application, we included a series of meticulously crafted letters of recommendation, each tailored to bridge any informational voids, thus ensuring a comprehensive presentation of his case. The result was a successful petition approval. This case sets a precedent for other economists, microeconomists, or professionals in related fields considering the NIW pathway for U.S. permanent residency. If you find yourself in a similar position, contemplating how your work can contribute to the national interest, Rajulaw is here to assist. We invite you to discuss how your unique contributions and future plans can align with national goals and how our expertise can help you realize your professional aspirations. Looking forward, the implications of our client’s research are vast, promising not only to address present inequalities but also to pave the way for future economists to explore disparities across various dimensions, including health disparities between immigrants and natives. His work exemplifies how targeted research and

Read More »

E-Verify: A Comprehensive Solution for Ensuring a Legal Workforce and Enhancing Employer Compliance

In today’s competitive job market, employers face the challenge of ensuring a legal workforce. Hiring unauthorized workers can result in severe penalties, legal consequences, and damage to a company’s reputation. However, implementing proper measures like E-Verify can help employers mitigate these risks. Understanding the E-Verify Program The E-verify program, also known as the E-Verification, allows employers to verify the eligibility of their employees to work in the United States. This web-based system compares information from an employee’s Form I-9 to data from the U.S. Department of Homeland Security and Social Security Administration records to confirm employment authorization. The Benefits of E-verify for Employers As an employer, there are numerous advantages to using E-Verify for your business: Enhanced Compliance with Immigration Laws: One of the key benefits of implementing E-verify in your hiring process is enhanced compliance with the Immigration Reform and Control Act (IRCA) of 1986, which requires employers to verify the identity and work eligibility of all employees. By verifying the employment eligibility of your workforce, you can rest assured that you comply with federal immigration regulations. This helps you avoid costly fines and penalties and protects your company’s reputation. Streamlining the Hiring Process: E-verify can also streamline the hiring process for employers. By automating the verification of employment eligibility, you can reduce the time and effort required to complete the necessary paperwork. This saves you time and allows you to onboard new employees more quickly and efficiently. Reducing Fraud and Ensuring Accuracy: Another significant benefit of E-verify is the reduction of fraud and the assurance of accuracy in your workforce. By verifying the identities of your employees through the E-verify system, you can significantly decrease the risk of hiring individuals who may be using fraudulent documents. This protects your company from potential legal issues and ensures that you have a reliable and trustworthy workforce. Improving Workplace Safety and Security: Employers who implement E-verify also experience improved workplace safety and security. By verifying the employment eligibility of your employees, you can ensure that only authorized individuals have access to certain areas of your business. This can help prevent unauthorized individuals from entering restricted areas and enhance the overall safety and security of your workplace. Stronger Defense in Case of Audits: Using E-verify demonstrates good faith in your hiring practices. In the event of an immigration audit, E-verify documentation can help establish that you took reasonable steps to verify employee eligibility. Support for Visa Applications: E-verify can also be used as supporting documentation for visa applications, particularly for certain visa categories that require proof of employment eligibility. Providing evidence of participation in the E-Verify program can strengthen visa applications and demonstrate a commitment to compliance with immigration laws. Potential for Government Benefits: Depending on your state, using E-verify may make you eligible for certain government contracts, grants, or other incentives. Integration with HR Systems: E-verify can seamlessly integrate with existing human resources (HR) systems, allowing employers to streamline onboarding and maintain comprehensive employee records. Integration with HR systems enables employers

Read More »

Potential Causes for EB-2 NIW Visa Denial: Avoiding Common Pitfalls

It is only natural to feel stressed and anxious at the vicious thought of “What if my National Interest Waiver application gets denied?” While navigating the intricacies of the EB-2 NIW visa application process can be daunting on its own, the looming fear of rejection can transform the endeavor into an inexplicably challenging feat. Some might even get discouraged from pursuing the visa, rendering their efforts pointless due to the uncertainty of acceptance. This is precisely why it is important to have a prior understanding of the factors that could result in your visa denial. As we already know, individuals with an advanced U.S. degree (a baccalaureate or foreign equivalent degree plus five years of post-baccalaureate, progressive work experience in the field) or outstanding expertise in arts, sciences, or business can qualify for the employment-based second preference or EB-2 visa. By attaining this visa, you will be able to live in the United States permanently and work on your aspirations. However, your dreams can plummet to the ground if you cannot paint a clear picture of your proposed endeavor. The proposed endeavor statement is the heart of your NIW petition. A lacking, vague statement can make the USCIS believe that your work is insignificant, which could endanger your visa application. In order to steer clear of a denial notice, you must provide the USCIS with a concrete proposed endeavor statement that will contain but not be limited to (1) a clear indication of what you aim to do, (2) a well-thought-out and detailed descriptions of the steps you will be taking to achieve your goals, and (3) a comprehensive explanation of how your undertaking will contribute to the national objectives of the U.S., ensuring its substantial merit and national significance. Note that USCIS focuses on how your proposed initiative would be of importance to the United States. Hence, it is possible that USCIS will reject your application if you do not adequately show the breadth and depth of your work’s influence or how it will advance research in your area. They might even argue that your project(s) will only benefit you and the organization you will be affiliated with and will not have any impact on the country. For instance, if you aim to work in cybersecurity but cannot demonstrate how your work will expand the realm or offer unique services not currently available in the U.S. cybersecurity field, USCIS may view the impact of your work as limited, leading to visa denial. Another instance that may get your visa application denied is the lack of evidentiary support in showcasing your capabilities to advance the proposed endeavor. Along with a strong academic background, a track record of achievements in previous projects related to or similar to your future aspirations will be crucial for establishing your caliber. These accomplishments can include groundbreaking research findings and contributions to the growth of past organizations you were involved with. Basically, anything that substantiates your competency for advancing your future endeavors will strengthen your case

Read More »
How to Avoid Common RFEs for a Change of Status Application from B1B2 to F1 (1)

Avoid Common RFEs in B-1/B-2 to F-1 Change of Status Applications

Every year, many people come to the United States with a B-1/B-2 visa (visitor visa). As they explore the country during their stay, they often become fascinated by the advanced nature of the American education system. The quality of education in the USA is undoubtedly one of the best globally, making the transition to a student visa (F-1) highly desirable for many of these nonimmigrant residents. However, one common hurdle applicants encounter during this application is receiving a Request for Further Evidence (RFE) from the USCIS. These requests often require additional documentation before a final decision can be made on the application. To help you navigate this process smoothly, we suggest that you be aware of some key points and avoid common RFEs. Lapsed I-20/Program Start Date: A properly signed and valid Form I-20 is crucial for an F-1 visa application. One of the most common reasons for receiving an RFE is a lapsed I-20 with an expired program starting date. In some rare cases, the applicant receives RFE for not properly signing the I-20 with a date.  To prevent this, always ensure you have a valid, properly signed Form I-20 with a program start date that allows you to join your intended program promptly after approval. If time is a concern, consider opting for premium processing to expedite your application and reduce the risk of an RFE due to a lapsed I-20. Ability to Pay Tuition and Living Expenses: Demonstrating sufficient funds to cover tuition fees and living expenses is a vital requirement for an F-1 visa. It’s advisable to show funds available for at least two years of study. If this isn’t feasible, demonstrating funds for one year may suffice. If necessary, sponsorship from family, relatives, or friends can be sought. Ensure all financial documents are translated into English and that balances are converted into US currency.  Maintenance of B-1/B-2 Status: The USCIS may request evidence of how you maintained your B-1/B-2 status at the time of applying for the change of status. Providing evidence like photos of tourism or business activities in the USA, along with travel tickets or certificates from conferences attended during your visit, can help satisfy this requirement. Residence Abroad: During the change of status application, you need to provide adequate evidence that you have a residence in a foreign country. This is necessary to prove that you are seeking to stay in the USA temporarily and solely to pursue studies and will leave the USA once your study ends. Documents such as a national ID card, national certificate, employment ID cards, No Objection Certificate (NOC) from your employer, photos with family members, letters from your parents, proof of property ownership or rental agreements, copies of utility bills, etc., can support your case. Explain clearly how your responsibilities in your home country will be managed during your absence to strengthen your application. Remember, RFEs can cause delays in the application process, so submitting your initial application with complete and accurate documentation is crucial. By

Read More »
Selecting the Right Person: Choosing Your Employer’s Point of Contact Wisely for EB-3 (PERM)

Selecting the Right Person: Choosing Your Employer’s Point of Contact Wisely for EB-3 (PERM)

Navigating the EB-3 (PERM) procedure for an employment-based green card in the United States can feel like embarking on a complex journey. A key part of this process is selecting the right Point of Contact (POC) within your organization. This selection stands out as a pivotal choice that can profoundly impact your application’s success. Let’s take a closer look at this crucial aspect and uncover how you can make the best choice for your EB3 journey. Understanding the Role of the Point of Contact (POC) Think of your POC as the bridge between your organization and the U.S. Department of Labor (DOL). Their role is pivotal, encompassing tasks like managing inquiries and facilitating audits from the DOL—all essential for the smooth progression of your PERM application. Who Can and Should Take on the Role of Employer POC? Your POC could be anyone within your organization who is empowered to provide necessary information and documents for the PERM application process. This could range from a dedicated representative to an employee at any level who understands the intricacies of your business and the specifics of the job opportunity. Ideally, your chosen POC should possess a comprehensive understanding of your company’s operations, policies, and key details, along with a clear grasp of the job role’s requirements, description, and qualifications. Tailoring Your Choice Based on Organization Size and Structure The most suitable POC may vary depending on the size and structure of your organization. In smaller businesses, it might be the owner or a senior manager who is deeply involved in the day-to-day operations. For larger corporations, a human resources manager or an immigration coordinator could be better equipped to handle the intricacies of the PERM procedure and the specific requirements of the job opportunity. Who Cannot Fulfill the Role of Employer POC? It’s important to note that unless an attorney or agent is a direct employee of your organization, they are not eligible to act as the POC. Similarly, the legal entity of your company itself cannot serve as the POC. Essential Information Provided by the POC When selecting your POC, ensure they can provide accurate and complete information in three key areas: their name and job title, their contact address, and their contact information, including a 10-digit phone number with extension (if applicable) and a business email address for official communication with the Department of Labor. Selecting the appropriate POC for your EB-3 (PERM) process is a decision that requires careful consideration. This individual will serve as the crucial link between your organization and the Department of Labor, handling inquiries and audits vital to the success of your application. By selecting a well-informed and authorized POC, you’re setting yourself up for a smoother and more successful application process.

Read More »
Essential Steps to Register a Business in the USA

Essential Steps to Register a Business in the USA

Establishing a business in the US requires a methodical approach. This blog details key steps for registration, from selecting structures to obtaining permits and prioritizing compliance and readiness. Navigating legal intricacies and establishing a solid base is fundamental for achieving success in the US market.  Who Can Register a Business?  The United States stands as a global business hub, attracting foreign nationals seeking to establish enterprises, from large corporations to startups. Registering a business in the US is necessary for worldwide market expansion. Any sound-minded US citizen can register a business in the USA. Additionally, non-citizens can hold various roles such as owners or directors in US companies without the need for physical presence or citizenship requirements. However, conducting business in the US typically necessitates a valid visa or authorized presence to comply with legal obligations and operate within the country’s framework. Step-by-Step Business Registration Procedure   The process of business registration in the United States unfolds in a series of steps, each essential for legal compliance and operational readiness. Here are eight easy steps for you to register your business: Step 1: Choosing the Right Business Structure At the very first you need to select the business structure in which you want to operate. Structures like sole proprietorships and partnerships offer simplicity but come with personal liability for debts. Limited Liability Companies (LLCs) or Corporations shield owners from personal obligations. Consider the pros and cons of each structure in alignment with your business goals and situation. You should also evaluate tax benefits and operational costs, especially if planning to operate in multiple locations. Step 2: Selecting a Business Name Your business name carries legal and branding significance. Registering the entity name ensures uniqueness and legal recognition, while trademarks protect against infringement. A Doing Business As (DBA) name allows operation under a different name, compliant with trademark laws. A strong brand name should convey the essence and evoke connection while being memorable and distinctive among competitors. It should also be easily accessible, protectable for trademarking, and adaptable for future growth while lending itself to visual representation through design elements. Step 3: Register with State Agencies Upon finalizing your business structure, and naming your company the subsequent step involves registering with state agencies. Specific requirements can differ based on your state and business type. Generally, this process entails submitting requisite paperwork to the state authorities and settling applicable fees. Step 4: Obtain Licenses and Permits To legally operate your business in the US, you may need specific permits and licenses based on your industry and location. Start by identifying the required licenses, then check with the relevant agency for application details, gather the necessary documents, complete the application, and pay the fee. Approval may take several weeks; once received, prominently display your license at your business location as required. Utilize resources like state offices or online guides (such as the SBA’s) to simplify the process. Step 5: Acquire a Federal Employer Identification Number (FEIN) Obtaining an FEIN from the IRS is essential

Read More »
Simplifying LoRs 101

Simplifying LoRs 101

Navigating the realm of Letters of Recommendation (LoRs) for your National Interest Waiver petition can be a bit like falling down a rabbit hole. It’s perfectly normal to feel overwhelmed – after all, LoRs can be quite the head-scratcher. But fear not, dear petitioner! From what information to include to the optimal number of LoRs; this blog is your trusty guide to demystify the seemingly daunting world of LoRs. At Raju Law, our recommended LoR count is a solid 6, but it’s not etched in stone. Your ability to deliver quality recommendations takes the spotlight, and that could mean a variation in the number – from 4 to over 8. Striking the right balance between information and quality is our aim, hence the suggestion of 6 LoRs. Among these, we propose having 3 recommenders in the “Dependent” category and the rest as “Independent”. It’s a thoughtful strategy to ensure a well-rounded perspective on your petition. You might find yourself asking what is meant by “Dependent” and “Independent” recommenders? A “Dependent” recommender occupies the role of an insider, having collaborated closely with you, be it in research endeavors or professional domains. These recommenders are adept at articulating your personal attributes, such as work ethic and leadership capabilities. Moreover, they are well-equipped to delineate your significant contributions within the workplace or research environment.  Notable examples of such recommenders include supervisors, academic advisors, and professors – individuals who possess a firsthand understanding of your professional journey. An “Independent” recommender may or may not have the pleasure of knowing you personally and have not worked alongside you in research or the professional arena. Their accolades, however, extend to praising your academic feats, the significance of your research, and more.  These letters, akin to a scholarly nod of approval, serve a distinct purpose. They highlight that your work has not only turned heads within your immediate circle but has also captured the interest of esteemed peers in your field. Picture accomplished experts in your domain acknowledging the merit of your work, even if they haven’t had the chance to share a cup of coffee with you. That’s the magic of an “Independent” recommender – adding a layer of external validation to the narrative of your accomplishments. Now, let’s decode the components that elevate a letter of recommendation to the realm of informativeness. Firstly, your recommenders should be wielding a background that aligns seamlessly with your Proposed Endeavor – think of it as assembling a team of specialists for a crucial mission. The more expertise they bring to the table, the mightier the letter becomes. Moving on, we’re diving into the recommender’s expertise, and here brevity is key. The letter should deliver a swift but impactful description of your recommender’s mastery in your field. It’s not just a title; it’s a mini proclamation that they’re the seasoned pros, armed with the knowledge and experience to vouch for your capabilities. In essence, it’s about ensuring that when they speak, their words resonate with the weight of authority

Read More »
Uplifting Victims of Crime and Human Trafficking through U Visa and T Visa in the Immigration Framework

Uplifting Victims of Crime and Human Trafficking through U Visa and T Visa in the Immigration Framework

Introduction In a world where global migration is on the rise, vulnerable populations, including victims of criminal activity and human trafficking, face unique challenges in the immigration system. Recognizing the need to protect and support these individuals, the United States government has established special visas—the U visa and T visa—to bridge the gap and provide a pathway to safety and justice. As a federal, state, local, tribal or territorial law enforcement officer, prosecutor, judge, or other government official, USCIS plays an important role in the application process for U nonimmigrant status (also known as a U visa) for victims of certain crimes and T nonimmigrant status (also known as a T visa) for victims of human trafficking. Background Reason for Introducing U Visa and T Visa The Victims of Trafficking and Violence Prevention Act (VTVPA) of 2000 was enacted to strengthen the ability of law enforcement agencies to investigate and prosecute serious crimes and trafficking in persons, while offering protections to victims of such crimes without the immediate risk of being removed from the country. U and T visas not only help protect victims of crime, but are also key tools for you in your work. Lack of legal immigration status in the United States may be among the reasons for some victims choosing not to come forward to work with law enforcement. Perpetrators and human traffickers also use victims’ lack of legal status as leverage to exploit and control them. By stabilizing their status in the United States, immigration relief can be critical to providing victims of crime a greater sense of security that also makes it easier for them to assist you with your law enforcement and prosecutorial efforts. Understanding the U Visa The U visa, or U nonimmigrant status, was created to assist victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes. This visa not only provides temporary legal status but also allows victims to rebuild their lives in the United States. USCIS may find an individual eligible for a U visa if the victim:  Is the direct or indirect victim of qualifying criminal activity  Has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity Has information about the criminal activity and,  Was helpful, is being helpful, or is likely to be helpful to law enforcement, prosecutors, judges, or other officials in the detection, investigation, prosecution, conviction, or sentencing of the criminal activity.  Additionally, the victim must be admissible to the United States based on a review of his or her criminal history, immigration violations, and other factors. If found inadmissible, an individual may apply for a waiver of inadmissibility for which he or she may be eligible. Key features of the U visa include: Eligibility Criteria: To qualify for a U visa, individuals must be victim of qualifying criminal activity, have suffered substantial physical or mental abuse as a result, and

Read More »
To Top