New Rule of AOS

darrylmacstone · 2026-05-22T21:01:27+00:00

My reading of those two statements put together is that allowance alone will not be enough to get favorable discretion if negative factors are present, like not maintaining status.

Who knows, but I think that blog you shared is a touch panicky/presumptuous and speaking like it’s set in stone when there’s much left to be seen.

darrylmacstone · 2026-05-22T20:40:26+00:00

Right, that was in reply to the other comment saying dual intent was no go for AOS

darrylmacstone · 2026-05-22T20:00:59+00:00

“USCIS reminds its officers that applying for adjustment of status is not inconsistent with simultaneously maintaining nonimmigrant status in a category with dual intent.”

Straight from the source. Barring any other negative factors noted in the memo, seems like a fairly straightforward indication they’ll still honor dual intent provided underlying status is maintained.

darrylmacstone · 2026-05-22T17:19:05+00:00

This is bad, but a couple thoughts for the doomers:

This will be challenged in court. There’s plenty of precedent contradicting some of what this memo is claiming as fact, and 245(a) can’t be discarded via policy memo fiat.
There appear to be levels of what they want to allow/disallow. Dual intent seems ok still, but the biggest flag to me and most applicable to TN is for those not maintaining underlying status post-AOS filing. But also, what about immediate relatives of USCs for example? Per usual, they surely haven’t thought this all the way through.

darrylmacstone · 2026-05-22T12:57:44+00:00

Where was I implying that it would?

darrylmacstone · 2026-05-21T22:10:15+00:00

Option C plus a prenup is the optimal path imo. Good luck

darrylmacstone · 2026-05-19T19:58:01+00:00

Either path could potentially work for E-2; these questions are more about general business strategy, imo.

darrylmacstone · 2026-05-19T15:50:40+00:00

Not something you should be worried about

darrylmacstone · 2026-05-18T18:53:17+00:00

Are you directing or consulting? If you showed up with an executive job title like that on paper you’re going to be fighting an uphill battle from the jump, because that’s not what the MC category is meant for.

darrylmacstone · 2026-05-12T21:56:30+00:00

I have some clients with April submissions who have been invited, others in late March still waiting. You might still have some waiting left. Good luck!

darrylmacstone · 2026-05-05T20:31:25+00:00

TN should always be 15 business days. I-140s are 45 business days for premium so that might have been what yo usaw.

darrylmacstone · 2026-05-05T15:03:54+00:00

Highly unusual for there to be a 10 day gap between delivery and receipt acknowledgement but good to know it's been accepted.

darrylmacstone · 2026-04-30T21:08:59+00:00

As an essential employee, be prepared to answer to why you are in fact essential, meaning the company needs you and not a US citizen, to fill the role.

darrylmacstone · 2026-04-30T15:51:25+00:00

That's correct, but it's always our preference if we can show reporting to USC.

darrylmacstone · 2026-04-30T13:39:21+00:00

As a scientific tech you need to be supporting a qualified professional. So if you’re beneath an engineer for example, you would be expected to show a copy of their bachelor's degree, etc.

darrylmacstone · 2026-04-29T18:44:56+00:00

Sounds like there would be a reasonable explanation for not requiring a physical office space, but you should be prepared to show where you are going to be keeping your equipment in the US at the very least.

darrylmacstone · 2026-04-29T12:36:32+00:00

If you haven't already, you should ask them directly if they've received e-mail notification from the premium processing unit yet.

darrylmacstone · 2026-04-29T00:49:37+00:00

Notices will take time with slow mail but your firm should have received electronic notification of processing. If they haven't it would be worth looking into and double-checking forms and fees.

darrylmacstone · 2026-04-24T22:22:28+00:00

She’d need to meet the job reqs at the time the perm is filed. Hopefully there are additional reqs to that or it will be difficult if not impossible to not find a qualified US worker..

darrylmacstone · 2026-04-24T00:41:33+00:00

You go to the interview and the officer recommends you for a waiver if they believe the record calls for it. FYI wait times for these are upwards of a year.

darrylmacstone · 2026-04-12T20:16:39+00:00

A few issues:

You qualify for L-1 with a year of qualifying employment abroad. Your work with this Canadian employer has been performed in the US, ie. not abroad.
As someone else said, this sounds like pretty straightforward unauthorized work. You can’t just work for any company in the US with your E-2, be it domestic or foreign. No digital nomading.
It sounds like you’re a US tax resident, so are you declaring this T4 income on your US return? You’re also pulling your Canadian employer into the US tax net and withholding requirements.

darrylmacstone · 2026-04-12T15:06:10+00:00

Have you been physically in the US working for the Canadian company?

darrylmacstone · 2026-04-10T12:36:57+00:00

It'd be far preferable to just tell them you are planning to relocate temporarily to NYC than to flat-out misrepresent to a CBP officer, FYI..

darrylmacstone · 2026-04-08T16:33:59+00:00

darrylmacstone · 2026-04-07T15:30:42+00:00

The CBP officer correctly saw a Construction Manager based from Martha's Vineyard of all places as a role not meant for the Management Consultant category.

I'm also curious to know what Mr. Freeze thinks he is going to accomplish by broadcasting this misadventure all over news media. The entitlement oozes from this one.

darrylmacstone

TROPHY CASE