Law Offices of Paul Herzog Law Offices of Paul Herzog 2026-09-29T21:24:41Z https://www.employment-familysponsoredimmigration.com/feed/atom/ WordPress /wp-content/uploads/sites/1502074/2020/04/cropped-favicon1-32x32.png On Behalf of Law Offices of Paul Herzog <![CDATA[Important change for those applying for immigration benefits]]> https://www.employment-familysponsoredimmigration.com/?p=49575 2026-09-29T21:24:41Z 2026-09-29T21:24:41Z Make sure you are eligible before you file New guidance from the USCIS says that immigration officers may now outright reject any claims for benefits where the applicant is unable to prove they are eligible for them. That is a significant change from previously when officers were encouraged to either request any lacking information via a Request for Evidence (RFE), or warn the person via a Notice of Intent to Deny (NOID) that their application will be rejected if they don’t promptly provide the lacking evidence. Both gave applicants a chance to get any incomplete paperwork without having to restart their application. Officers can still give these opportunities should they wish, but there is no longer an expectation that they do so. Processing applications can take considerable time, so this new guidance could make mistakes and oversights in the supporting paperwork much more costly. Having an application rejected for something as simple as a missing document could greatly prolong the stress and worry that those who file for immigration benefits and their families often experience. This new guidance is already in effect and “applies to requests pending or filed on or after Aug. 5, 2026, unless otherwise specified by regulations or USCIS policy.” It’s now more important than ever to ensure you have everything you need before you file your immigration benefits claim. Seeking experienced legal guidance can help you to make sure that you do.]]> On Behalf of Law Offices of Paul Herzog <![CDATA[Can a U.S. work visa lead to permanent residency?]]> https://www.employment-familysponsoredimmigration.com/?p=49573 2026-09-13T01:21:07Z 2026-09-13T01:21:07Z A U.S. work visa can place you on a path toward permanent residence, but it does not automatically give you a green card. Most work visas authorize temporary employment under certain conditions.  To become a lawful permanent resident, you must qualify through a separate immigration category and complete the process. 

How your work visa affects the green card process

The type of work visa you hold matters. For example, H-1B and L-1 classifications permit dual intent. This means you may maintain temporary status while also pursuing permanent residence without that goal undermining the visa.  Other classifications have stricter requirements concerning a residence abroad or temporary intent. Applying for a green card could complicate visa applications, travel or admission if the process is not handled carefully.  Many workers pursue an employment-based green card. This is where an employer may sponsor an employee through a category such as EB-2 or EB-3. Depending on the position and category, the employer may first need labor certification from the Department of Labor. It may then file Form I-140 with U.S. Citizenship and Immigration Services.  Some applicants can petition without employer sponsorship. People with extraordinary ability may qualify under EB-1, while some EB-2 applicants may seek a national interest waiver. A worker could also qualify through a family relationship or on another independent basis.  Approval of an employer petition does not immediately create permanent resident status. The applicant must wait until an immigrant visa is available, unless one is already available, and then seek adjustment of status in the United States or complete immigrant visa processing abroad.  Visa backlogs can make the wait lengthy, especially for applicants from heavily subscribed countries. Before filing, seeking legal feedback can help review how the application may affect your current status, international travel and ability to keep working. ]]> On Behalf of Law Offices of Paul Herzog <![CDATA[What happens when you are afraid to return to your home country]]> https://www.employment-familysponsoredimmigration.com/?p=49571 2026-09-03T16:21:27Z 2026-09-03T16:21:27Z Leaving your home country can be a difficult decision, especially when returning could put your safety or freedom at risk. For some people, the fear of returning may be connected to serious threats or mistreatment they have experienced. U.S. immigration law provides certain protections for people who cannot safely return to their home countries. Asylum may allow eligible individuals to remain in the United States when they meet specific legal requirements.

When can someone qualify for asylum?

Asylum is a form of protection available to people who are already in the United States or arriving in the country and fear persecution in their home country. To qualify, a person generally must show that they have suffered persecution or have a well-founded fear of persecution because of their race, religion or membership in a particular social group. Persecution can take many different forms. It may include serious physical harm, threats or other severe mistreatment. In some circumstances, persecution may also involve serious restrictions on a person's freedom or other conduct that creates a substantial threat to their safety. The circumstances surrounding each claim are important, and not every difficult or dangerous situation will be able to meet the legal definition of persecution. A person seeking asylum generally must provide information and evidence supporting their claim, such as personal statements, medical records or documentation about conditions in their home country. There are also deadlines and other legal requirements that can affect an asylum application. Because asylum cases can involve complicated questions about a person's experiences and the conditions in their country, understanding the requirements early can be especially important. If you are afraid to return to your home country because of persecution or serious threats, speaking with an experienced legal professional well-versed in immigration law can help you understand whether asylum may be an option and what steps may be available in your situation.  ]]> On Behalf of Law Offices of Paul Herzog <![CDATA[A key difference between asylum and refugee status]]> https://www.employment-familysponsoredimmigration.com/?p=49570 2026-08-13T03:18:11Z 2026-08-13T03:18:11Z There are certainly similarities between those who come to the United States as refugees and those who seek asylum. Often, they are worried about persecution. This may be based around a characteristic that they cannot avoid, such as their ethnic background, their race or their inclusion in a specific social group. It could also be based on things like political opinion or religion. When people have a well-founded fear of persecution, they may fear for their lives or the well-being of their family members, so they are seeking safety in the United States. While asylum seekers and refugees alike may have this main goal, there is one specific difference to be aware of.

The geographical location

The key difference is where the person is located when they decide that it is time for them to seek safety in the U.S. Refugees are often in refugee camps outside of the United States. They may have left their home country and entered the camp in a nearby country, seeking temporary safety. They then apply for refugee status so that they can immigrate legally to the United States. Asylum seekers, however, may already be in the United States or at a port of entry. They have fled the persecution and danger in their home country, and they may even have illegally entered the U.S. But now that they have arrived, they are seeking asylum because deportation would expose them to the very danger that they were fleeing to begin with.

Navigating the immigration process

As you can see, it is important to be aware of the similarities and differences between different immigration statuses, especially when facing significant danger in your home country. If you find yourself in this position, it can help to work with an experienced immigration attorney.]]> On Behalf of Law Offices of Paul Herzog <![CDATA[Will you lose your student visa if you drop out?]]> https://www.employment-familysponsoredimmigration.com/?p=49568 2026-07-29T17:31:24Z 2026-07-29T17:31:24Z Yes, if you have a student visa that allows you to attend a college or university in the United States, dropping out of that program could violate the terms of your visa and cause you to be out of status. This is true for either an F-1 or an M-1 visa. Generally speaking, students need to be wary of taking a break for more than five months. If they are not enrolled in classes for a short time, such as when switching programs within the school or perhaps transferring to another university entirely, they can keep their status. But once they have exceeded the five-month deadline, they no longer legally qualify as a student under current immigration laws. There are cases where students will be away from classes beyond this deadline, but want to return to school. In order to do so, they often have to apply for a new student visa. Their old visa can no longer be used because they have lost their status.

Would they have to leave the country?

It depends on whether they can achieve reinstatement of their status. The application for reinstatement needs to be filed with U.S. Citizenship and Immigration Services (USCIS). This is done using Form I-539. The student will likely also need to file Form I-20 through the Student and Exchange Visitor Information System (SEVIS). In some cases, a student can have their status restored, and, as long as their original visa has not expired at that time, it can continue to be valid. However, if they are denied reinstatement, they lose their status. This often means that they immediately need to leave the country, and failing to do so could qualify as unlawful presence. Much like a work visa, which does require employment in order for someone to keep their status, it is generally best for students to remain enrolled and actively taking classes as long as they are in the country on a student visa.

Exploring your options

If you are worried about your status, there are avenues to pursue, such as seeking a new visa, applying for reinstatement, adjusting your status or seeking a different type of visa. It is very important to know all of your options at this time, especially if you are facing the risk of deportation, and an experienced immigration attorney can help.  ]]> On Behalf of Law Offices of Paul Herzog <![CDATA[Can permanent residents travel to other countries?]]> https://www.employment-familysponsoredimmigration.com/?p=49567 2026-07-21T20:44:48Z 2026-07-21T20:44:48Z Yes, someone who is a permanent resident in the United States can still travel to another country. Just because they have a green card does not mean they have to stay in the U.S. indefinitely. For instance, maybe you moved to the United States years ago when you enrolled in college and had a student visa. You met a citizen who was also a college student, the two of you got married, and you were able to secure a green card.  If you want to go back to your home country to visit extended family members, you are allowed to do so. You are not going to lose your green card.

Potential complications

That being said, there are a few details to keep in mind. One is that the above applies to brief trips, but an extended trip could be more problematic. As a rule of thumb, your trip should be under a year. If it lasts for more than a year, then you could have trouble re-entering the country. An extended absence can sometimes cause the government to say that you have abandoned your status or that you never intended to live in the U.S., and so your green card is being revoked. There may be a case where you need to leave the country for more than a year. If so, one of the best ways to protect your green card is to apply for a reentry permit in advance, using Form I-131. Having this paperwork in your possession when you return can help you re-enter the country without issue.

Protecting your status

It is very natural that you would be concerned about losing your green card status, as it can be hard to obtain. To learn more about how to protect your status or what legal steps to take, it can be helpful to talk with an experienced immigration attorney.  ]]> On Behalf of Law Offices of Paul Herzog <![CDATA[3 new U.S. immigration updates to know]]> https://www.employment-familysponsoredimmigration.com/?p=49566 2026-07-08T18:23:14Z 2026-07-08T18:23:14Z Immigration rules in the United States can change quickly, and those changes may affect your paperwork and timing. Whether you are applying for a visa, seeking a green card or helping a loved one, staying informed can help you avoid mistakes.  Recent updates focus on registration, filing requirements and background checks. Some changes may introduce new steps, while others tighten existing procedures or increase scrutiny. These updates do not affect everyone the same way, so it is important to understand how each rule may apply to your specific situation and immigration goals. 

1. A new check-in rule for some noncitizens

In 2026, the government finalized a rule requiring certain foreign nationals to register online with the Department of Homeland Security. This applies to people who do not already have complete registration records.  If you are properly registered, this rule may not require another filing. However, you should confirm that your record is current, especially if your status, address or documents have changed. 

2. Signatures now carry more weight

USCIS issued a rule giving officers clearer power to reject or deny immigration benefit requests with signature problems. Missing, incorrect or unauthorized signatures can create serious trouble.  Before sending any form, review every signature line. A paperwork issue can delay a case or force you to start again. 

3. Security reviews are getting tighter

USCIS has expanded fingerprint-based background checks for many immigration applications. This may affect green card applications, citizenship applications and filings that require biometrics.  Officers receive more criminal history information before approval. For applicants, this means old records or unresolved matters may need attention before filing.  These changes show why immigration paperwork should not be treated as routine. A form that looked simple last year may carry new risks today. If you are unsure how the latest rules affect your case, it is vital to seek clarification from an experienced legal professional. ]]> On Behalf of Law Offices of Paul Herzog <![CDATA[3 benefits of becoming a naturalized citizen]]> https://www.employment-familysponsoredimmigration.com/?p=49564 2026-06-22T23:48:51Z 2026-06-22T23:48:51Z 1. The right to vote Permanent residents generally do not have the option of voting in important elections. Immigrants who naturalize can shape policy by voting on ballot initiatives and choosing candidates whose promises and voting record align with their personal priorities.

2. Increased immigration options

Citizens have the most legal right to sponsor others for entry into the United States. Those hoping to bring parents or siblings to the United States may need to become citizens first.

3. The end of travel limits

Green card holders can travel abroad, but there are restrictions on how long they can stay in another country. People who become citizens are no longer subject to restrictions on the duration of their international travel. For those who want to spend time with family in another country or who travel frequently for work, citizenship offers more flexibility for travel. Retaining an immigration attorney can help people understand their immigration options and manage the challenges of naturalization. Immigrants often need help understanding their rights and managing the paperwork necessary when seeking visas, adjusting their status or pursuing naturalization, and that’s okay.]]> On Behalf of Law Offices of Paul Herzog <![CDATA[Does asylum result in work authorization in the United States?]]> https://www.employment-familysponsoredimmigration.com/?p=49563 2026-06-08T00:29:21Z 2026-06-08T00:29:21Z Asylees have indefinite work authorization Many people legally living in the United States must specifically apply for permission to work in the country. They must renew their work authorization in addition to renewing their visas. Asylees have an indefinite legal right to remain in the United States. Therefore, they have automatic and indefinite work authorization as well. Asylees typically do not need to apply separately for work authorization. When seeking employment, they can provide their Form I-94, Arrival/Departure Record, stamped with a notice indicating their asylee status. As long as they continue to qualify for asylum, they can reside and work in the United States legally. The process of securing asylum can be challenging, and people may only have one opportunity to seek humanitarian immigration protection while they are legally in the United States. Working with an attorney familiar with immigration employment rules and asylum standards can help those who need to stay in the country to avoid mistreatment elsewhere.]]> On Behalf of Law Offices of Paul Herzog <![CDATA[When does a work visa qualify an immigrant for a green card?]]> https://www.employment-familysponsoredimmigration.com/?p=49561 2026-05-27T01:20:19Z 2026-05-27T01:20:19Z The ability to pass a background check For an immigrant professional to adjust their status and secure a green card, they must undergo a background check looking at their criminal record in the United States and the country where they lived previously. Those with serious recent criminal convictions may be ineligible for a green card.

A qualifying job

There is no minimum residency requirement for employment-based green card eligibility. However, the federal government maintains different preference categories based on the type of work the immigrant performs. Priority workers with extraordinary capabilities received the highest level of preference when applying for green cards. The second preference category applies to professionals with advanced degrees and those with exceptional abilities. The third preference category is for skilled workers and even professionals holding jobs that do not require years of training or experience. The fourth preference category is for certain special professionals, including those who work for religious organizations or who have held jobs for the United States government in another country. The final category is for immigrant investors. Securing a green card as a foreign professional working in the United States can be a complicated process. The support of an immigration attorney can help people evaluate their eligibility, complete the necessary paperwork and pursue a green card that allows for lawful permanent residency in the United States.]]>