
Law Blog

EB1A Approval Received in 11 Days for a Data Scientist from China
Xu Law Group Success Story - EB1A Approval Received in 11 Days for a Data Scientist from China


All You Need To Know About FY 2024 H-1B Cap Filing: Registration Opens on March 1
U.S. Citizenship and Immigration Services (USCIS) has announced the registration period for the fiscal year 2024 H-1B cap will open on Wednesday, March 1, 2023 at noon EST and end on Friday, March 17, 2023 at noon EST.

EB1-A Approval Received in 7 Days for a Designer from China
Xu Law Group Success Story - EB1-A Approval Received in 7 Days for a Designer from China

Client Success Story: F1 Visa to Green Card based on Marriage
Xu Law Group immigration attorney Toni Xu recently received approval of a I-485 petition to adjust status to permanent residency for a client from China. This I-485 petition was approved in under 1 year without a request for additional evidence being issued by the U.S. Citizenship and Immigration Service (USCIS).

O-1 Visa For Artists, Entertainers, Performers
The O-1 visa is for persons of extraordinary ability in the arts, entertainment, athletics, sciences, business and education. Specifically, there’s a specific type of O-1 visa reserved for talents in the Art, Performing art, and motion picture industry, called the O-1B visa. Any artist, performer, entertainer, producer, or designer may apply for a full-time position if they meet the criteria for the visa. The O-1 visa is the perfect visa for visual and performing artists, designers and consultants who are typically self-employed. Such individuals do not usually have full-time permanent positions but rather work for multiple employers on short or long-term projects or ongoing temporary assignments. In this article, we will go in depth into utilizing the “agent petition” type of O-1b visa for artists to work in the U.S.

How to Qualify for EB1A Extraordinary Ability Green Card
The EB-1A green card, known as the EB1A “Alien of Extraordinary Ability” classification, is a subcategory of the EB-1 employment-based green card. EB-1A applies to “a small percentage of individuals who have risen to the very top of their field of endeavor.” There are many advantages of the EB1A green card, including the ability to self-petition, the ability to skip the perm labor certification process, and unlimited quota.

How to Start a Business as an International Student on an F-1 Visa?
The F-1 visa is a nonimmigrant visa that allows foreign students to come to the United States to pursue academic studies at an accredited college, university, or other academic institution. Students with this type of visa are typically enrolled in programs that lead to a degree, diploma, or certificate.

What to do After You are Selected in the H1b Lottery: A Comprehensive Guide
Employers or attorneys submit H1B registrations on behalf of their employees between March 1 and March 18 of 2023. USCIS uses a computer-generated random selection process, or lottery, to select enough registrations to meet the H-1B cap. The lottery is conducted for each visa category. If you're selected, USCIS notifies the employer or attorney named on your selected registration and returns all other registrations to their respective submitters.

How to Apply for Marriage Green Card as an F-1 International Student
How to Apply for Marriage Green Card as an F-1 International Student - When an international student on F-1 visa falls in love with a U.S. citizens or lawful permanent resident they meet while studying in the United States, the student may apply for a marriage based green card through a process called "Adjustment of Status" in order to stay with their spouse in the United States.

An Employer’s Guide to Sponsoring an H-1B Visa
The H1-B program allows employers to temporarily hire nonimmigrant foreign workers in specialty occupations. A specialty occupation is one that requires specialized knowledge (in areas such as sciences, medicine, health care, education, biotechnology, business specialties) and a bachelor's degree or equivalent work experience. Typically, an employee is able to work for an employer on an H1-B visa for up to six years. They must then leave the U.S. for a year before applying for another H1-B visa. However, if an employer wants to employ them on a permanent basis, they can extend their visa until the employee is able to receive a green card.

SAFE vs. Convertible Note: Which is Better for a Startup?
Simple Agreements for Future Equity (“SAFE”) and Convertible Notes are two popular funding documents used by startup companies and investors in early-stage funding deals. They are both convertible securities, meaning that the investor provides funding to a startup today with the expectation of converting it into ownership or equity in the company later.


The Ultimate Guide to K-1 Fiancé Visa
The K-1 fiancé visa, popularized by the American reality TV show, “90 Day Fiance,” is a nonimmigrant visa that allows the foreign fiancé of a U.S. citizen to come to the U.S. and marry within 90 days of their arrival, eventually obtaining permanent residency in the U.S. - also known as a “green card.”

Guide to the Blanket L-1 Visa Petition
The blanket L-1 visa petition allows an organization to submit a single “blanket” petition instead of submitting L-1 intracompany transferee visas separately for each employee, potentially saving processing time and hassle for the company. By getting an L-1 visa blanket petition, L-1 employees are eligible to apply for their L1 visa directly at the consulate without having to get their I-129 approved first. This allows organizations to petition to bring foreign employees to the United States quickly and on short notice.

Can I Work While My STEM OPT EAD is Pending
A common question we get asked is around work authorization for pending STEM OPT applications. This is a very common scenario. After an F-1 student’s regular OPT has expired, but before the new STEM OPT is issued, can the F-1 student work?

How Long Does It Take to Get Citizenship using N-400?
The journey for U.S. citizenship is indeed a long one, but definitely worth the wait. The process of becoming a U.S. citizen begins with a process called naturalization. Naturalization refers to a process through which a non U.S. born person becomes a U.S. citizen. For most people, naturalization is only possible once they have been a lawful permanent resident (LPR), or a “green card holder” for many years. In this article, we will go into details of how to obtain citizenship via naturalization, and how long the naturalization process takes.

How to Dispute a YouTube Content ID Claim
YouTube Content ID Claims can be scary. We explain the system and what you can do. If you are a YouTuber who has received a claim against your video, it is important to consult an experienced attorney.

Can a DACA Recipient Travel Abroad to Attend the Olympics?
You can travel while being a DACA recipient. You can learn the process, and restrictions, that apply for Advance Parole as a DACA recipient when traveling abroad.

How to Defend against a DMCA Takedown Notice for Amazon Sellers
Defending your business against a meritless DMCA claim can be confusing and labor intensive. Contact the Xu Law Group to schedule a free, no-obligation consultation with one of our international business and intellectual property law attorneys today.