The EB-1A extraordinary ability visa is under attack and the battle is now in the courts. How will this affect future petitions?

2026-02-03T09:52:50-05:00

In Mukherji v. Miller, a federal judge in Nebraska ruled that USCIS has been applying an unlawful standard to EB-1A petitions since 2010.

The facts: A journalist met 5 of the 10 regulatory criteria. She only needed 3. USCIS denied her anyway, claiming her recognition was “not sustained” because her major awards came before 2016.

The […]

The EB-1A extraordinary ability visa is under attack and the battle is now in the courts. How will this affect future petitions?2026-02-03T09:52:50-05:00

Chinese students currently studying in the U.S. are feeling scared about their future

2025-06-18T16:59:06-04:00

Over a quarter of a million Chinese students currently studying in the U.S. are feeling increasingly uncertain about their future. Their education—and, in many cases, their long-term aspirations—now hang in the balance due to this administration’s unilateral efforts to “decouple” from China on a broader geopolitical level.

What many observers fail to realize is the […]

Chinese students currently studying in the U.S. are feeling scared about their future2025-06-18T16:59:06-04:00

What is an E2 Visa?

2024-11-04T14:27:17-05:00

The E2 visa is a type of U.S. visa that allows individuals from treaty countries to enter, reside, and work in the United States based on their investment in a U.S. business. To qualify for this visa, the individual must:

  1. Be a national of a treaty country: The U.S. has treaties with various countries […]
What is an E2 Visa?2024-11-04T14:27:17-05:00

The A to Z of US Immigration

2024-11-05T13:14:01-05:00

U.S. Immigration law is an alphabet soup of visa categories and concepts, and I thought it would be interesting to try to go from A to Z and see if I could come up with something for each letter. Here goes!

A: Alien – This is the term used for any foreign national involved in […]

The A to Z of US Immigration2024-11-05T13:14:01-05:00

The E-2 Investor Visa Roadblock

2024-11-05T14:06:15-05:00

The E-2 Investor visa provides opportunities for foreign nationals to put on their entrepreneurial hat and start a business, invest in that business and get a visa to run their new business in the U.S. For those reasons, I call this visa the “Entrepreneurial visa.” Still, it is technically called the “Treaty Investor visa” because […]

The E-2 Investor Visa Roadblock2024-11-05T14:06:15-05:00

Tech layoffs and the 60 day grace period

2024-11-05T14:41:34-05:00

An impromptu race for new employment has begun nationwide in the U.S. tech sector. With Twitter, Meta and Amazon all announcing massive layoffs, tens of thousands of workers, many highly skilled engineers, are scrambling for new employment.  Most people have experienced the stress of not knowing where their next paycheck comes from. Now imagine […]

Tech layoffs and the 60 day grace period2024-11-05T14:41:34-05:00

A Brief Respite from the Madness: Consular Interviews for Certain Visas Waived for 2022

2023-12-18T10:07:46-05:00

The good news on the U.S. immigration front has been few and far between since Covid-19 shut down the world in March of 2021. It’s hard to fathom all the barriers that the U.S. government created in that lapse of time, including country-specific bars to entry which kept millions of people from traveling to […]

A Brief Respite from the Madness: Consular Interviews for Certain Visas Waived for 20222023-12-18T10:07:46-05:00

US Government’s Discrimination of Foreign Nationals in 2021

2024-12-02T13:52:12-05:00

We watch the news each day and we see a common theme in America: Marginalized groups want what they deserve: to receive the same treatment and protections as allowed by law, which translates into equal opportunities. The reality is that minorities and women do not receive the same treatment and that the law does […]

US Government’s Discrimination of Foreign Nationals in 20212024-12-02T13:52:12-05:00

E-2 Visas and the Eternal Question: How much is required for investment?

2024-12-02T13:58:02-05:00

Whenever I advise a potential or existing client on the E-2 visa process, the inevitable question always pops up: “How much do I absolutely have to invest to qualify?, “How much is enough”. My answer is always very lawyerlike : “It depends”.

What does it depend on? First of all, it depends on the size […]

E-2 Visas and the Eternal Question: How much is required for investment?2024-12-02T13:58:02-05:00

The National Interest Exception – Who can Use This Crucial Tool to Continue Doing Business in the U.S.

2024-12-02T14:18:40-05:00

When the President issued a national state of emergency, one of the first steps he took was closing the borders and limiting the list of people who could enter the U.S. to U.S. citizens, green card holders, diplomats, and crew members. Based on various proclamations, he then barred people residing in certain countries from […]

The National Interest Exception – Who can Use This Crucial Tool to Continue Doing Business in the U.S.2024-12-02T14:18:40-05:00
Legal Disclaimer: The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice or the opinions of this law firm or any of its attorneys. Transmission or receipt of any information from this website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney. Moreover, because the law is constantly changing, the materials appearing on this website are not guaranteed to be correct, complete, or up-to-date. This is considered Attorney Advertising by some Bar Associations. Prior results do not imply future similar results.
©2026 SMA Law Firm - 360 Central Avenue, St. Petersburg, Florida 33701 (727) 606-2425
Privacy Policy | Terms & Conditions
FacebookYouTubeInstagramLinkedInX
Go to Top