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Congratulations on getting your Green Card! With your Permanent Resident Status, however, come some "dos" and "don'ts." Here are the most important: THE DOs: Things you must do as a Green Card holder: 1. Carry Your Green Card • Physical card must be carried if you're 18 or older • Required by law to have it with you at all times • Federal penalties apply for non-compliance 2. Abide by Tax Obligations • File your annual federal tax returns • Report all worldwide income • Keep proper tax records 3. Keep your Information Current • Update your address with USCIS within 10 days of moving • Notify Social Security Administration of address changes • Notify other federal and state agencies of your new address 4. Selective Service Registration • Male permanent residents ages 18-25 must register for Selective Service within 30 days of obtaining residency • Failure to register can affect citizenship eligibility THE DON'Ts Things you should not do as a Green Card holder: 1. Claim to be a U.S. Citizen in any way 2. Vote or register to vote in federal (and other) elections 3. Frequent and extended stays abroad • Avoid long (6 months or more) and / or frequent stays abroad • Extended stays risk abandonment of permanent residence • If travel for extended period, maintain ties to the U.S. 4. Do not commit crimes • Follow all U.S. laws • Do not get arrested for, charged with, or convicted of, any crime 5. Do not miss Important Dates! • Monitor your green card's expiration date to renew it timely • If you have a conditional green card, monitor your conditional status and timely file your petition to remove conditions

A marriage-based green card interview is a crucial step in your immigration process. USCIS conducts these interviews to verify that your marriage is genuine and that you meet all eligibility requirements. Before Your Interview Documents to Bring The specific documents required depend on your individual case. Generally, you should bring original copies of all applicable documents that have been filed with your application. Additionally, bring evidence of bona fide marriage, such as: Joint photos Communication records (emails, texts, social media) Joint financial documents (bank statements, lease agreements, utility bills) Travel records showing time spent together Affidavits from friends or family attesting to your marriage Arrive 15 minutes early and dress professionally. The Interview The USCIS officer will place you under oath and review your application. You and your spouse will typically be interviewed together. The officer will ask questions about your relationship, marriage, household, and background to assess the authenticity of your marriage. Important:  The specific questions asked depend entirely on your case. It's impossible to predict exactly what will be asked, so the best preparation is to be familiar with your application, your relationship timeline, and your shared life together. What is a Stokes Interview? If USCIS has concerns about whether your marriage is genuine, your case may be selected for a Stokes interview —an enhanced fraud detection procedure. In a Stokes interview, USCIS conducts separate, simultaneous interviews  with both spouses in different rooms. Officers will ask detailed, personal questions designed to verify your marriage is genuine. The questions are intentionally granular to detect inconsistencies. If selected for a Stokes interview: Be honest and consistent with your spouse Don't coach your spouse or memorize scripted answers Bring comprehensive evidence of your shared life and bona fide marriage Consult an immigration attorney for guidance and representation Tips for Success Answer questions directly and honestly Be consistent with information in your application Stay calm and ask for clarification if needed Bring your spouse if both are scheduled Dress professionally and arrive early Bring all required original documents and evidence of bona fide marriage Last but not least, seek the assistance of an experienced immigration attorney Your marriage-based green card interview is an opportunity to demonstrate that your marriage is genuine. With proper preparation, honesty, and thorough documentation, you can navigate this process successfully. Contact our office today if you need any assistance with your marriage-based petition!

What Is the EB-2 NIW (National Interest Waiver)? The EB-2 NIW is a powerful U.S. green card option for professionals, entrepreneurs, scientists, and other highly skilled individuals who want to bypass the usual job offer and labor certification requirements. With the National Interest Waiver, you can self-petition—meaning you don’t need an employer sponsor if you can show your work is in the national interest. Why Consider the EB-2 NIW in 2026? Immigration policies shift, but in 2026, the EB-2 NIW remains one of the most flexible and attractive green card options for high-achieving foreign nationals. It’s especially popular among researchers, STEM professionals, and entrepreneurs. Key benefits: No job offer required No PERM labor certification Faster processing for strong cases Ideal for those with advanced degrees or exceptional ability Who Qualifies for the EB-2 NIW? To qualify, you must: Have an advanced degree (Master’s or higher, or alternatively, a bachelor's degree followed by 5 years of qualifying professional experience) or exceptional ability in your field (science, business, arts, etc.) Show that your work has substantial merit and national importance Prove you’re well-positioned to advance your field in the U.S. Demonstrate that waiving the job offer/labor certification benefits the country Common fields:  STEM, healthcare, education, business, entrepreneurship, public policy, and more. EB-2 NIW Best Practices for 2026 1. Explain your "what" and your "how" The single most important element in an NIW petition is clearly explaining what  you plan to do in the U.S. and how  you will do it. USCIS wants to see a well-defined endeavor—not just your background, but your future plans. What : Describe your proposed work or project in detail. Is it groundbreaking research? A new business venture? A healthcare initiative? Spell out the specific goals and outcomes you aim to achieve. How : Lay out your strategy. What methods, systems and resources will you use? How will you implement your plan, and what makes you uniquely qualified to do it? 2. Tie Your Endeavor to National Importance After explaining your “what” and “how,” you need to connect your work to current U.S. priorities, and show why your work matters to the U.S. 3. Prove You’re Well-Positioned to Succeed Build a strong evidence portfolio. Highlight your past achievements, awards, and recognition. Include specific, detailed and credible letters from experts who can vouch for your expertise and potential. Show you have the skills, experience, and support needed to make your endeavor a reality. 4. Show Why a Waiver Is in the National Interest Finally, explain why waiving the job offer and labor certification is beneficial for the U.S.  This means showing that your contributions would be delayed or lost if you had to follow the traditional green card path. Urgency : Is your work time-sensitive or addressing an immediate need? Uniqueness : Are your skills or approach hard to find in the U.S. labor market? Public Good : Will your project create jobs, drive innovation, or improve lives? 5. Work with a Trusted Immigration Attorney The legal landscape is always changing—professional guidance ensures your petition meets the latest standards. An experienced attorney can help you frame your case for maximum impact. Common Questions About the EB-2 NIW Do I need a job offer or employer sponsorship? No! The NIW allows you to self-petition. How long does the process take? Processing times vary, and your timeline will depend mostly on the Visa Bulletin. Can I include my family? Yes—your spouse and children (unmarried and under 21) can receive green cards as your dependents. What if I’m not in a STEM field? Exceptional ability in business, arts, or other fields can also qualify—what matters is the impact of your proposed endeavor. Ready to Take the Next Step? The EB-2 NIW is a unique path to a U.S. green card—no employer required, just your expertise and a strong case. If you’re ready to explore your options or want help building a winning petition, Compass Immigration Law is here for you. Contact us today for a free consultation and personalized guidance.

When someone is detained by immigration authorities, one of the toughest choices they may face is whether to keep fighting their case or request voluntary departure. This decision can have long-term consequences — and sometimes, continuing to remain in detention for months while awaiting a decision is an extremely difficult choice. What Is Voluntary Departure? Voluntary departure allows a person to leave the United States without being formally deported. The main advantage: you avoid a removal order from the immigration judge, which can make it extremely difficult to come back legally for years (sometimes 10 or 20 years, or even permanently). Why This Decision Matters Most for Detainees For detainees with weak relief options or limited chances to win asylum, cancellation, or other defenses before the immigration court, continuing to fight may just mean more time in detention — sometimes many months. Voluntary departure can shorten that time, but it also means giving up the right to appeal or to seek certain forms of relief. The Importance of Bond Eligibility A crucial factor when deciding whether to seek voluntary departure or another relief from removal is bond eligibility. If a person is not eligible for bond, they will remain detained for the entire duration of their case — even if the case drags on for months or longer. As of the time this article is written, immigration law and policy are changing rapidly. People who previously could request bond are now often considered ineligible because of certain convictions or their immigration history. Since this area is constantly evolving, it’s critical to consult with an experienced immigration attorney to determine whether you (or your loved one) can request bond, or whether voluntary departure might be the best strategic option. The Bottom Line There’s no “one-size-fits-all” answer. What’s right for one person may be a mistake for another. This is a delicate and deeply personal decision that should always be made with the guidance of an immigration attorney, after reviewing all possible forms of relief, detention risks, and bond eligibility.

Three reasons why it is in your best interest to have an attorney prepare you for - and attend - your immigration interview (even if you filed your petition or application by yourself): 1) 🗂 💪🏽 review of your case and file: this allows an experienced immigration attorney to identify potential issues and weaknesses before the interview. 2) 🏢 👌🏼an attorney can prepare you for common questions and frequent case scenarios, which will make you feel at ease. 3) 🗣 ⏳️ being present at the interview allows the attorney to make legal objections, clarifications, and to protect your legal rights - all in real time. Professional representation at an immigration interview can make the difference between an approval and a denial. Don't face the government alone.

One of the biggest myths in immigration law is: “ If I marry a U.S. citizen, I automatically get a green card .” The truth is more nuanced. A bona fide marriage to a U.S. citizen is a strong option for seeking lawful permanent residence — but it is not automatic. The requirements are much more than just the marriage, and several factors can complicate the process. In other words, proving your marriage is real is necessary — but not sufficient — to guarantee a green card. Marriage Proves the Relationship — Not Eligibility The first thing immigration officers will examine is whether the marriage is bona fide — meaning real, genuine, and not entered into just for immigration purposes. If the government suspects fraud, the penalties are severe, including a lifetime bar from most immigration benefits. But while proving the marriage is genuine is one of the most important steps, it is only one piece of the bigger puzzle. There are other legal requirements beyond the marriage 1. No Public Charge concerns Applicants must show that they will not become a financial burden on the U.S. This is usually done through the Affidavit of Support (Form I-864) and supporting financial evidence from the U.S. citizen spouse. If the petitioner’s income is not high enough, applicants may need a joint sponsor to meet the minimum income requirements. 2. Other admissibility issues Immigration law requires applicants to be “admissible.” Even with a bona fide marriage, certain factors can affect eligibility, including:- Prior immigration fraud or misrepresentation.- Certain criminal convictions.- Health-related issues.- Past deportations.- Unlawful entry or long overstays. 3. Discretion Finally, even after meeting all the technical requirements, the approval of a green card is a discretionary decision. Immigration officers have the power to weigh positive factors (family ties, work history, community involvement, hardship to your spouse) against negative factors (arrests, prior arrests or criminal history, immigration violations, or lack of compliance). This means that being eligible “on paper” isn’t always enough — you must also convince the government that, as a matter of discretion, you deserve permanent residence. Marriage to a U.S. citizen can open the door to a green card , but it does not guarantee one. Every case is unique — and speaking to an experienced immigration attorney before filing can save time, money, and heartache.

We specialize in guiding clients through the processes of National Interest Waivers and Extraordinary Ability Green Cards for the United States. These immigration options are designed for individuals whose work is deemed to be in the national interest or who possess extraordinary skills in their fields. By offering personalized legal support, we help our clients understand the various types available and the significant benefits they provide, such as the possibility to live and work permanently in the United States, and to contribute to the country in impactful ways. Let us assist you in navigating your path to a successful immigration journey. What Is the EB-2 National Interest Waiver (NIW)? For foreign nationals with an advanced degree or exceptional abilities, there are various pathways to obtain a visa or a green card in the United States. One of these options is the EB-2 NIW (National Interest Waiver). The primary benefit of the EB-2 NIW is that it provides a path to permanent U.S. residence without employer sponsorship or the lengthy labor certification process. ​ ​Who Qualifies for an EB-2 National Interest Waiver? The U.S. EB-2 National Interest Waiver is available to two categories of applicants: 1.  Professionals who hold an advanced degree (or the foreign equivalent). Candidates in the first group must possess a master's degree or a bachelor's degree plus five years of progressive experience in the field; or 2.  Those who can demonstrate "exceptional ability" in their particular field, such as the sciences, arts, medicine, business, or athletics, whose contribution will substantially benefit the national economy, or the cultural, educational, or welfare interests of the United States. Furthermore, to qualify for the National Interest Waiver, an applicant must meet the following three criteria: 1. Their proposed endeavor must have both substantial merit and national importance; ​ 2. They are well-positioned to advance the proposed endeavor; and 3. On balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements of the EB-2 category. Contact Attorney Alessandro Giordano for further details and how to take the next steps at agiordano@thecompassfirm.com .

Grasp what "the proposed endeavor" entails in an NIW case and how it differs from your occupation and your field of endeavor. Recognizing these distinctions is crucial for a successful National Interest Waiver petition.

A U.S. Citizen's (USC) and Legal Permanent Resident's (LPR) criminal history can affect their eligibility to petition for foreign relatives . Two key laws governing this area are the Adam Walsh Act and the International Marriage Broker Regulation Act (IMBRA). The Adam Walsh Child Protection and Safety Act of 2006 established strict requirements for U.S. Citizens and Legal Permanent Residents who wish to file family-based petitions. Under this law, if a USC or LPR has been convicted of certain specified offenses against minors, they become ineligible to file family-based petitions unless they can obtain a special waiver. These specified offenses include: Kidnapping (unless committed by a parent) False imprisonment (unless committed by a parent) Certain sexual offenses involving minors Important considerations regarding the Adam Walsh Act: The law applies regardless of how long ago the conviction occurred Even expunged records are considered The prohibition affects petitions for ANY family member, not just children Waivers are available but require proving "beyond a reasonable doubt" that the petitioner poses no risk to the beneficiary The International Marriage Broker Regulation Act (IMBRA) specifically applies to U.S. Citizens filing K-1 fiancé visa petitions. This law was enacted to protect foreign fiancés by ensuring they have information about their prospective spouse's criminal background before proceeding with the relationship. Under the IMBRA, U.S. citizen petitioners must disclose their criminal history, particularly focusing on: Violent crimes, and more specifically crimes of domestic violence, dating violence child abuse and so on Multiple criminal convictions Substance-related offenses If the petition is approved, USCIS will then provide a copy of the petitioner's criminal history to the consular officer, which in turn will share the petitioner's criminal history with the beneficiary . If any of these circumstances apply, it's essential to consult with an experienced immigration attorney before filing a family or fiancé petition, as the consequences of filing without proper guidance can be severe and long-lasting.

In an increasingly competitive global market, the H-1B visa program has become crucial for U.S. companies seeking to attract and retain foreign talent. With its strict eligibility requirements and application process, it is essential to understand how the H-1B visa influences employment opportunities and business growth. This post examines both the benefits and challenges associated with the H-1B visa, revealing its significant impact on professional opportunities. Understanding the H-1B Visa Program The H-1B visa is a non-immigrant visa that allows U.S. companies to hire foreign workers in specialty occupations. These positions typically require specific skills in fields such as technology, healthcare, engineering, finance, and others. The visa is initially valid for three years but can be extended for a maximum of six years, providing a unique chance for skilled professionals from other countries to work in the U.S. The application process for the H-1B visa is highly competitive, with an annual cap on available visas. Currently, there are only 85,000 visas awarded each year, including 20,000 reserved for applicants possessing a master’s degree or higher from a U.S. accredited institution. This limit means many international applicants face intense competition, highlighting the importance of strategic planning and utilizing professional networks to secure a visa. Latest H-1B Registration Statistics For historical context, here are the numbers of H-1B registrations in the past years: FY 2021: 274,237 total registrations FY 2022: 308,613 total registrations FY 2023: 483,927 total registrations FY 2024: 780,884 total registrations FY 2025: 479,953 total registrations. Source: USCIS . We are now in Fiscal Year 2026. H-1B Educational and Professional Requirements The foundation of a successful H-1B petition starts with meeting the educational requirements. Candidates must possess at least a bachelor's degree or its equivalent from an accredited institution. In some cases, relevant work experience can substitute for formal education, with three years of progressive experience equating to one year of college-level education. However, it's not just about having a degree. The position itself must qualify as a "specialty occupation" – meaning it requires theoretical and practical application of specialized knowledge. The role must typically demand a bachelor's degree or higher in a specific specialty as a minimum requirement. Salary Requirements and Prevailing Wage The H-1B program requires U.S. employers to  pay the H-1B worker a wage that is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working. The prevailing wage is determined by the U.S. Department of Labor and is designed to ensure that H-1B workers' wages are comparable to U.S. workers in similar positions. H-1B Employer Obligations Sponsoring an H-1B worker comes with some key obligations for an employer. At the forefront is the wage obligation - employers must pay H-1B workers at least the prevailing wage or the actual wage paid to similar U.S. workers, whichever is higher. Employers must also maintain a detailed Public Access File containing the certified Labor Condition Application (LCA), wage documentation, and posting notices. Material changes in employment, such as significant job duty modifications or worksite relocations, usually require an amended H-1B petition. If the employment ends prematurely, employers must cover reasonable costs for the worker's return transportation to their last country of residence. Additionally, employers must maintain comprehensive records of payroll, work hours, and employment conditions. Other obligations may also apply. Understanding and meeting these obligations is crucial for maintaining a compliant H-1B program. The Application Timeline For the upcoming fiscal year 2026, USCIS announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025.  This three-week window is crucial – it's when employers must submit their electronic registrations for potential H-1B candidates. The Selection Process Once the registration period closes, USCIS conducts its randomized selection process. With only 65,000 regular cap visas available, plus an additional 20,000 for those with advanced degrees, the competition is intense. The selected will be notified by USCIS of their selection, and can then proceed with filing the full H-1B petition. Filing the Complete Petition If selected, employers must file a comprehensive H-1B petition, inclusive of forms and extensive supporting documentation. This package must demonstrate not only the candidate's qualifications but also the employer's compliance with prevailing wage requirements and labor conditions. Standard processing can typically take several months, though premium processing is available for those needing expedited service. Keys to Success Success in the H-1B process requires careful planning and attention to detail. Starting preparation well in advance of the registration period is crucial. This includes gathering and evaluating educational credentials, preparing detailed job documentation, and ensuring compliance with all regulatory requirements. The Role of Legal Expertise Given the complexity of the H-1B process and the high stakes involved, working with experienced immigration counsel can make a significant difference. An experienced H-1B attorney can help navigate the intricate requirements and procedure, ensure compliance, and maximize the chances of success. At Compass Immigration Law, we bring years of experience and a deep understanding of both sides of the immigration journey, as our founder, Attorney Alessandro Giordano, has held H-1B status for several years. Contact us today to discuss your H-1B visa needs and let us help guide you through this important process. A diverse group discussing professional opportunities in a collaborative setting.

Below are four little-known #visa options to work temporarily in the United States. The J-1 Visa for Exchange Visitors is designed to promote the interchange of persons, knowledge, and skills in certain fields through the use of pre-approved exchange programs. Examples of exchange visitor categories under the J program include: professors or scholars, research assistants, students, trainees and interns, teachers, specialists, nannies and Au Pairs, camp counselors, government and international visitors, and physicians. Most categories allow employment in the U.S., while some do not. Each category comes with different eligibility requirements and is subject different terms. The Q-1 visa for international cultural exchange programs, designed for the purpose of providing practical training and to share the history, culture, and traditions of one’s home country with the U.S. Activities under the program usually take place in schools, museums, businesses or other establishments where the public is exposed to aspects of a foreign culture. The H-3 visa is for trainees who have been invited to participate in a training program in the United States by a person, a business, or an organization. The training sought must be unavailable in the foreign national’s home country and can be in any field (except as a physician). The H-3 special education exchange visitor visa is for educators who intend to participate in a structured special program that provides practical training and experience in the education of physically, mentally, or emotionally disabled children.

January 17, 2025 Yesterday, January 15, 2025, USCIS issued an important document updating its policy guidance for  #EB2NIW  petitions. While USCIS uses the term "update," the document doesn’t introduce any revolutionary changes, but instead provides important clarifications on how officers evaluate petitions and what evidence petitioners should provide. The key highlights of this updated policy guidance are the following: 1) Eligibility for Underlying EB-2 Classification –  petitioners seeking the NIW must first demonstrate eligibility for the EB-2 classification as either advanced degree professionals or individuals of exceptional ability. 2) Advanced degree professionals and progressive experience –  an advanced degree is either a master’s degree or a Ph.D., or a bachelor’s degree followed by 5 years of progressive experience in the specialty. USCIS clarifies three important things: First, the occupation through which the petitioner intends to advance the proposed endeavor must be a “profession,” meaning that it must usually require at least a bachelor’s degree. Holding an advanced degree is insufficient; petitioners must also demonstrate that the occupation in which they intend to work in the U.S. typically requires at least a bachelor’s degree. Second, for petitioners who do not hold a master’s degree or a Ph.D. but rather rely on a bachelor’s degree + 5 years of post-bachelor’s experience, the post-bachelor’s experience must be directly related to the field of the degree. Third, if the professional occupation requires a degree in a specific field, the experience has to usually be related to the proposed endeavor. For professions that do not require a degree in a specific field, USCIS generally interprets the petitioner’s specialty as related to the proposed endeavor. 3) Exceptional ability –  petitioners who do not hold an advanced degree can qualify for EB-2 classification as individuals of exceptional ability. USCIS clarifies that a petitioner’s area of exceptional ability must be related to the proposed endeavor. 4) National importance of the proposed endeavor –  key points here include: USCIS reiterates the difference between occupation (more general) and proposed endeavor (more specific). USCIS encourages a clear and straightforward description of the endeavor, even for cases involving highly technical occupations and endeavors. USCIS clarifies that a proposed endeavor holds national importance if it has national or even global implications within a particular field, if it has significant potential to employ U.S. workers or other substantial positive economic effects, if it has the potential to broadly enhance societal welfare or cultural or artistic enrichment, or to contribute to the advancement of a valuable technology or field of study. Generally, an endeavor that only benefits a petitioner’s “immediate circle” (i.e. a petitioner’s employer or clients) is not nationally important. In this sense, USCIS provides several examples about how it evaluates whether a proposed endeavor has national importance. Working in an occupation with a national shortage is per se insufficient. 5) The “well-positioned” prong –  USCIS provides a non-exhaustive list of evidence that a petitioner may use to demonstrate they are well positioned to advance an endeavor. 6) The “on balance” prong –  USCIS provides the criteria that a petitioner can use to satisfy this prong. Evidence of labor shortage would not, by itself, satisfy this prong. 7) STEM professions –  USCIS acknowledges the significance of STEM professions, with a more specific emphasis on critical and emerging technologies and on STEM areas related to U.S. competitiveness and national security. 8) Entrepreneurs –  for entrepreneurs, general claims that entrepreneurship generally benefits the economy are insufficient. This policy guidance update does not reveal any drastic change but instead does two critical things. First, it signals a shift towards a more restrictive interpretation with respect to some aspects of NIW eligibility. Second, it provides immigration officers with clarifications that will hopefully lead to more uniform NIW decisions.