Frequently asked questions
All questions
Encontre respostas para as dúvidas mais comuns sobre imigração, vistos e destinos.
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“Out-of-processing time” means something in EB-3?
"Out-of-processing time" informally indicates that the EB-3 process is taking longer than the usual timeframe, but it does not necessarily mean there is a problem with the visa.
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100% remote work: do I need to update the LCA if I move to another city?
Moving to a new city may require updating the LCA in an H-1B visa; consult rules and specialists to ensure legal compliance.
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2 national awards and 2 article reviews. Does it count as 2 or 3 criteria?
Two national awards and two article reviews meet two distinct criteria under the EB-1 visa, focusing on the quality and consistency of the evidence presented.
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2 of 6 criteria in the EB-1B. Missing evidence of reputation. Am I cited in international papers?
Being cited in international papers indicates global recognition, but it is essential to present other evidence to strengthen your reputation in the EB-1B process.
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A ”fake police officer” extorted me, does it count as a crime?
If you were extorted by a fake police officer, this constitutes a crime. It is essential to report it and seek specialized guidance to protect your rights and immigration processes.
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A ‘Country Manager’ position supervising a local subsidiary. EB-1C?
The EB-1C visa can be an option for Country Managers of multinational companies, provided they demonstrate executive positions and strategic management in subsidiaries, respecting immigration regulations.
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A citation in a university textbook mentions me as a reference. Is it useful?
Citation in a textbook is an important recognition for EB-2 NIW but should be evaluated along with other evidence and within the context of the immigration process.
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A film festival awarded me ‘Best Directing’. Is it national/international?
The classification of the 'Best Directing' award for the EB-1 visa depends on the festival's reach and prestige, which can be national or international according to its recognition.
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A fixed reviewer position in a Q1 journal for 3 years. Is it good for EB-1B?
Being a fixed reviewer in a Q1 journal is positive but insufficient alone for the EB-1B. It is necessary to demonstrate robust academic achievements and a consistent strategy.
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A foreign company employed me remotely, but I have never lived there. Does EB-1C apply?
Being hired remotely by a foreign company, without a robust on-site or commercial connection in the U.S., is unlikely to meet the EB-1C visa criteria.
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A foreign startup pays me well. Wants to transfer me to a US branch. Is it EB-1C or L-1A first?
The L-1A visa allows temporary transfer for executives; the EB-1C offers permanent residence, ideal for those aiming for senior management and living in the US.
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A former professional athlete turned commentator, can they keep the P-1?
The professional activity change from former athlete to commentator may require reassessment of the P-1 visa, as the new role may not fit the original category.
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A gay couple where one is an LPR, can they have F2A?
Gay couples with one LPR partner can use the F2A category if the marriage is legally recognized, strictly following U.S. immigration laws and rules.
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A local prosecutor accused me of fabricating the crime. What now?
Fraud accusations can jeopardize your U visa; seek specialized guidance, keep records, and always act within the law to protect your rights.
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A member who joined in the middle of the process receives the same validity as P?
The inclusion of a member in the middle of the P visa process requires formalization and updating of the petition to guarantee similar validity, strictly complying with legal norms.
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A member who joined the group 8 months ago has not completed 1 year, what now?
A recent member in a group with a P visa can raise questions, but detailed documentation and legal compliance ensure greater credibility and security in the process.
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A position of ‘vp of marketing’ and I supervise 15 people. EB-1C?
The EB-1C is for multinational executives in managerial positions who prove relevant experience and serve in high-level roles in the US, with attention to the position's structure and responsibilities.
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A professor from MIT wrote a letter about my work. Is that good?
A letter from a professor at MIT can strengthen your EB-1 visa petition but must be part of a broad and solid set of evidence to prove extraordinary ability.
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A respected blog in the gaming community interviewed me. Is it a ’major trade publication’?
For the EB-1 visa, evaluating whether a gaming blog is a ’major trade publication’ requires analysis of its reputation, circulation, and concrete evidence, as well as specialized guidance.
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A scientific committee invited me to review research proposals. Is this considered judging?
Reviewing proposals in a scientific committee may be considered judging for EB-1, provided the relevance and international impact of the activity are documented.