Immigration Law Insights & Updates

Timely analysis and practical guidance on U.S. business, employment, investment, and extraordinary ability immigration matters. Topics include H-1B, O-1, EB-1A, National Interest Waivers, PERM, E-2 treaty investor visas, EB-5, and related immigration developments affecting employers, entrepreneurs, investors, and highly skilled professionals.

Articles are provided for general informational purposes and do not constitute legal advice. Immigration rules, agency policies, processing practices, and case law can change, and individual circumstances require case-specific analysis.

PERM Requests for Information

Posted by Fariba Faiz | Sep 13, 2026 | 0 Comments

A PERM Request for Information can require an employer to go beyond proving that recruitment occurred. DOL may examine the job opportunity, business need, ETA Form 9089, recruitment record, Notice of Filing, and the consistency of the employer’s supporting evidence.

Can a STEM OPT Student Work for Their Own Startup?

Posted by Fariba Faiz | Sep 12, 2026 | 0 Comments

This article explains when a STEM OPT student may be able to work for a startup they founded or co-founded. It covers Form I-983 requirements, E-Verify, supervision, multiple STEM OPT employers, and issues that arise when the student also has a pending I-485 and separate employment authorization. It also places STEM OPT within a broader founder immigration strategy, including H-1B, O-1, EB-1A, and NIW options.

EB-1A: Beyond the Three Criteria

Posted by Fariba Faiz | Aug 31, 2026 | 0 Comments

USCIS evaluates most EB-1A extraordinary ability petitions through a two-step analysis derived from Kazarian v. USCIS. First, the petitioner must establish either a one-time major achievement or at least three regulatory criteria. USCIS then evaluates the record as a whole to determine whether the beneficiary has sustained national or international acclaim and is among the small percentage who have risen to the very top of the field.

H-1B Visas in 2026

Posted by Fariba Faiz | Aug 31, 2026 | 0 Comments

H-1B planning in 2026: wage-weighted cap selection, changes of employer, specialty occupation evidence, and the effect of proclamations and court orders.

I-485, EAD & Job Changes

Posted by Fariba Faiz | Aug 31, 2026 | 0 Comments

Employment-based adjustment of status raises distinct questions about EAD use, job changes, AC21 portability, visa availability, and long-term immigration planning.

Recognition and Professional Honors

Super Lawyers recognition badge for Fariba Faiz

Fariba Faiz has been recognized for her work in U.S. immigration law by leading legal ranking and professional organizations, including The Best Lawyers in America®, Chambers and Partners, and Super Lawyers. These recognitions reflect her longstanding practice in employment-based, investment, and business immigration matters.

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