San Diego Legal News, Events & Resources
Immigration Blog
O-1 Visa vs. EB-1A Green Card: What’s the Difference?
As a leader in your field, you have likely come across two of the most prestigious U.S. immigration options: the O-1 Visa and the EB-1A Green Card. Both are designed for individuals with extraordinary ability and are sometimes referred to as the “Genius Visa.” While the nickname is commonly used, these are two distinct immigration
EB-1A and EB-2 NIW Green Card Applications: Why Small Mistakes Can Put a Strong Case at Risk
When preparing an EB-1A Extraordinary Ability Green Card or an EB-2 National Interest Waiver (NIW) application, most applicants focus on building the strongest possible evidence. They gather recommendation letters, publications, awards, patents, media coverage, business achievements, and documentation demonstrating why they qualify for permanent residence. These are critical components of a successful petition. However, one
New USCIS Guidance on Adjustment of Status Applications
USCIS recently issued a policy memorandum concerning Adjustment of Status, the process that allows eligible foreign nationals to apply for lawful permanent residence (a Green Card) while remaining in the United States. The memorandum has generated concern because it suggests that USCIS may apply greater discretion when reviewing certain Adjustment of Status applications. Although USCIS
USCIS Has Ended Telephonic Attorney Representation at Most Immigration Interviews: What Applicants Need to Know
As of May 18, 2026, attorneys and accredited representatives are generally no longer permitted to appear telephonically at most USCIS interviews. Instead, legal representatives are now expected to attend interviews in person, with only limited exceptions that USCIS has not yet clearly defined. Applicants can review the agency’s guidance directly on the USCIS website at
What is Immigration?
The Constitution of the United States of America provides that Congress shall govern all matters concerning Immigration and Naturalization. Therefore, Immigration Laws are governed by Federal, rather than State law. There are two ways to enter the United States of America, either as a non-immigrant or as an immigrant. Non-immigrant Visas / Temporary Visas Non-immigrant visas are temporary
What Does It Mean To Incorporate?
Incorporating a company is a way to establish a separate legal entity for all purposes, meaning it is separate and distinct from its shareholders. WHY SHOULD I INCORPORATE? Tax Savings: This is one of the greatest benefits but must be discussed with your accountant. Privacy: The law treats a corporation as a legal “person”
What is a Trademark?
A trademark is defines as one of the following: a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. The purpose of trademark law is to prevent consumer confusion as to the actual source of goods.
U.S. Visas & Self Employment for Foreign Nationals
Foreign Nationals must be aware of U.S. immigration laws concerning self-employment. There are many highly skilled entrepreneurs from other countries that want to establish a business in the U.S. and essentially become self-employed. Often the business is service oriented and does not require a support staff. However, this proves problematic for most U.S. visa categories
H-1B Renewals & Adjustment of Status (Green Card) Applications
Many foreign nationals who are working on valid H-1B visas may have an approved I-140 (Immigrant Petition) and are waiting to adjust status (waiting approval of the I-485, or what is commonly known as a “Green Card”, through employment). Applicants waiting visa availability are faced with the question of whether to renew their H-1B. Current
How to Get Your E2 Treaty Investor Visa
What is the E2 Visa? The E-2 Treaty Investor Visa is temporary and can be granted for up to 5 years. (The E-2 visa should not be confused with the EB-5 Investor Visa which is a an immigrant petition for a Green Card and requires a $500,000 investment in a regional center that is in
How to Start a Business with a F-1 Student Visa
Starting a Business as a F-1 Student under Optional Practical Training F-1 students may engage in a period of Optional Practical Training (OPT) after completing a degree program in the U.S. OPT is temporary employment that is directly related to an F-1 student’s major area of study. In a recent USCIS engagement concerning the Entrepreneurs in Residence
California Border Patrol to Rollout New Process for Foreign Visitors
California Border Patrol to Rollout New Process for Foreign Visitors 04/17/2013 Foreign visitors arriving in the U.S., only via air or sea, who need to prove their legal visitor status to employers, schools/universities, or government agencies, will be able to access their U.S. Customs and Border Protection arrival/departure record information online when the agency starts