What to Know About Fiancé Visa Eligibility

If you are a citizen of the United States that is engaged to a non-citizen, you are likely seeking a fiancé visa, otherwise known as a K-1 visa. Once received, this visa opens doors to many important immigration benefits. However, it is necessary that you follow the application process properly to grant your fiancé the eligibility they desire. Read more to understand the process and how a seasoned fiancé visa lawyer in Milwaukee, Wisconsin of Sesini Law Group, S.C., can guide you through every step.

How can my fiancé be eligible to receive a K-1 visa?

For your fiancé to be eligible for a K-1 visa, you must be a United States citizen and demonstrate that you intend to marry within 90 days of your fiancé’s entry into the country. Additionally, you must present proof that you met your fiancé at least two years before filing unless the meeting would violate a long-established custom or the meeting would result in extreme hardship. This can be proven with photos, videos, text messages, or emails. Then, you must present proof that after your fiancé enters the United States, they will not become a public charge. This is proven with your income meeting or exceeding 100% of the United States poverty guidelines. And lastly, your fiancé must attend an interview, background check, and medical examination. Specifically, the interview assesses the following:

  • Whether your fiancé has complete information about you, such as details about your family, past relationships, marriages, and employment.
  • Whether your fiancé is genuinely interested in being a U.S. citizen and serious about marriage.
  • Whether the fiancé is a person of good moral character.

If you complete the applications to their fullest and schedule the necessary appointments, this process can be completed in about 8 months. If you need assistance with expediting this process, do not hesitate in reaching out to a knowledgeable family immigration lawyer in Milwaukee, WI today.

What happens if I do not get married within 90 days of my fiancé’s entry to the United States?

According to federal law, you will have to marry within 90 days of your fiancé’s entry to the United States. Failure to do so will require your fiancé to leave within 30 days of the time provided. Once you are married, your fiancé can apply for an adjustment of status and start the process that will lead them on the path toward naturalization.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What to Know About New Guidance on E and L Spouse Employment Authorization Documents

On March 18, 2022, the U.S. Citizenship and Immigration Service (USCIS) announced that it would update the USCIS Policy Manual to address acceptable evidence of work authorization for certain E and L nonimmigrant spouses. This new guidance was prompted by Shergill vs. Mayorkas, a class-action lawsuit settled on November 10, 2021, wherein the USCIS announced that E and L nonimmigrant spouses would have work authorization incident to their E or L nonimmigrant status. This means that to be work authorized, they would no longer be required to apply for and receive an Employment Authorization Document prior to accepting employment in the United States. Read along for further explanation of this update and how an experienced work authorization permit lawyer in Milwaukee, WI at the Sesini Law Group, S.C., can help you navigate this new guidance.

Which E and L spouses fall under this new employment authorization guidance?

Since January 30, 2022, the USCIS has been issuing Form 1-94 with new Class of Admission codes, specifically E-1S, E-2S, E-3S, and L-2S. The USCIS has also updated its Policy Manual to reflect that the E or L spouse notation on Form I-94 may be accepted as evidence of employment authorization to satisfy List C of Form 1-9.

What if I received my Form I-94 before the employment authorization update?

On or around April 1, 2022, the USCIS will begin mailing notices to those who received their Form I-94 before the new guidance and who are over age 21 and fall under the E-1S, E-2S, E-3S, and L-2S codes. Together, the notice and the current Form I-94, will serve as sufficient proof of employment authorization under List C of Form I-9. However, in all circumstances, it is important that you have a valid Form I-94, meaning that it is unexpired at the time of verification.

If you fall under this new guidance, it is important that you retain the services of a proficient family immigration lawyer in Milwaukee, WI as soon as possible so that you can receive assistance with managing your I-9 completion and collecting the best evidence for your work authorization.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Automatic EAD Extension in Wisconsin | What To Know

Effective May 4, 2022, Department of Homeland Security regulations provide an additional 360 days for the automatic employment authorization document (EAD) extension time, for a total of 540 days. This extension is for certain renewal applicants who have filed Form I-765, Application for Employment Authorization, while their application is still pending. You will qualify if you meet the eligibility requirements and file within the following timelines: Before May 4, 2022, and your 180-day automatic extension has since expired; before May 4, 2022, and your 180-day automatic extension has not yet expired; or between May 4, 2022, and Oct. 26, 2023, inclusive of these dates. If you would like more information on the automatic EAD extension process in Wisconsin, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI today.

What categories qualify for the automatic EAD extension in Wisconsin?

You qualify for this extension if you properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired and are otherwise eligible for renewal. This means your renewal application is under an eligible category and the Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice. With that in mind, the eligible categories are as follows:

  • (a)(3) – Refugee
  • (a)(5) – Asylee
  • (a)(7) – N-8 or N-9
  • (a)(8) – Citizen of Micronesia, Marshall Islands or Palau
  • (a)(10) – Withholding of Deportation or Removal Granted
  • (a)(12) – Temporary Protected Status (TPS) Granted
  • (a)(17) – Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status
  • (a)(18) – Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status
  • (c)(8) – Asylum Application Pending
  • (c)(9) – Pending Adjustment of Status under Section 245 of the Act
  • (c)(10) – Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants and Special Rule Cancellation of Removal Applicants Under NACARA
  • (c)(16) – Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
  • (c)(19) – Pending initial application for TPS where USCIS determines the applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
  • (c)(20) – Section 210 Legalization (pending I-700)
  • (c)(22) – Section 245A Legalization (pending I-687)
  • (c)(24) – LIFE Legalization
  • (c)(26) – Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
  • (c)(31) – VAWA Self-Petitioners

If you have any questions or would some legal support with this matter, please do not hesitate to reach out to a skilled family immigration lawyer in Milwaukee, WI today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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L-1 Visa in Wisconsin | What You Should Know

An L-1 Visa, an intracompany transferee visa, allows managers, executives and “specialized knowledge” employees who work outside the United States for a company that has an affiliated entity inside the U.S. to come to the U.S. and perform services for that entity. It is a nonimmigrant visa, meaning it expires eventually and is not equivalent to permanent residence or a green card. L-1 Visa holders have the right to work legally in the U.S. for up to 3 years, with the possibility of 2 two-year extensions. One of the added benefits is that the holder’s spouse or minor children may also obtain visas to the U.S. If you are a foreign national working for a multinational United States company, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI to learn what you should know about an L-1 Visa in Wisconsin.

Who qualifies for an L-1 Visa in Wisconsin?

In order to qualify, the sponsoring company must have employed the applicant outside the United States for a minimum of one continuous year out of the past three years and is now transferring him or her to the U.S. to work as a manager, executive or specialized knowledge worker. The United States company to which the sponsoring company is transferring the applicant must be a parent, branch, subsidiary, affiliate or joint venture parent of the non-U.S. employer.

The applicant must meet one of the following criteria in order to qualify for an L-1 Visa:

  • Manager: Someone who manages all or part of the organization, supervises and controls others, hires and terminates personnel and has the authority to make day-to-day decisions.
  • Executive: Someone whose primary role is to direct the management of the organization, set goals or policies, possesses extensive decision-making authority and receives only general supervision or direction from higher-level authorities.
  • Specialized knowledge worker: An employee with knowledge related to the company, including its products, services, research, equipment, techniques, management or other interests and its application in international markets, or advanced knowledge of the company processes and procedures. This knowledge must not be widely held throughout the industry or even within the company.

You would be well advised to reach out to a skilled family immigration lawyer in Milwaukee, WI if you fit any of the above descriptions. Our firm will assist you in preparing and filing the correct paperwork as prescribed by United States immigration law. Please give us a call today, so we can handle the legal work.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What You Should Know About An E-3 Visa in Wisconsin

For as long as most people can remember, the United States has had the strongest economy in the history of human civilization. Consequently, its wealth of opportunities beckons even nationals from fully developed and industrialized countries, which is why the U.S. offers a wide range of work visas, including the E-3 Visa. The E-3 classification applies to nationals of Australia, who must be coming to the United States solely to perform services in a specialty occupation. This specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. For more information on the E-3 Visa process in Wisconsin and how our firm can assist you, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI.

What are the benefits of an E-3 Visa in Wisconsin?

An E-3 Visa enables the holder to lawfully reside and work in the United States for an initial period of two years, after which point he or she may apply for further two-year extensions. With some exceptions, there is no maximum number of extensions. An E-3 Visa qualifies the holder for both a full-time position and a part-time position, as well as an unlimited number of transfer applications. As a further benefit, the spouses and unmarried children under 21 years of age are entitled to dependent E-3 classification (E-3D), meaning the spouse is able to obtain work authorization, too. If children of E-3 Visa holders want to work in the United States, they will need an independent work authorization.

What are the qualifications for an E-3 Visa in Wisconsin?

The applicant must be a national of Australia who, among other things, must demonstrate he or she:

  • Has a legitimate offer of employment in the United States
  • Possesses the necessary academic or other qualifying credentials
  • Will fill a position that qualifies as a specialty occupation

Who qualifies for an E-3 Visa?

A wide array of occupations fall under the category of “specialty occupation,” including:

  • Lawyers
  • Accountants
  • Doctors
  • Teachers
  • Pharmacists
  • Social workers
  • Engineers
  • Architects

You should contact one of our skilled Wisconsin immigration attorneys even if you meet the above-listed criteria. Our firm can assist you in preparing the required documentation and filing the necessary paperwork.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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