Schwartz Posel Immigration Law Group Atlanta Immigration Lawyer | Business Immigration Attorney 2026-09-11T13:02:32Z https://www.immlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1204075/2020/12/cropped-ID-1-32x32.jpg On Behalf of Schwartz Posel Immigration Law Group <![CDATA[What the USCIS 39-country hold ruling means for applicants]]> https://www.immlawfirm.com/?p=48925 2026-09-11T13:02:32Z 2026-09-11T13:02:32Z Check your case before filing anything new If a pending case was affected by the 39-country processing hold, you can check its status online using the USCIS receipt number. Make sure USCIS also has your current mailing address so you do not miss notices, interview appointments or requests for evidence. Review any notices you have received and note upcoming deadlines. There is no special form to file simply to restart a case affected by the hold. You should still respond to any USCIS request for evidence or other notice by the deadline provided.

Expect processing times to vary

Processing times will vary depending on the application type and office handling the case. USCIS provides online processing time estimates. If a case is outside the normal processing time, you may be able to submit an inquiry about the delay. You can also contact USCIS when its online tools do not address the issue. Keep in mind that the ruling concerns applications handled by USCIS. Separate State Department rules may still affect visas issued abroad, while other federal restrictions may affect entry into the United States. Resumed USCIS processing therefore does not guarantee a visa or entry into the country.

Stay alert for new USCIS updates

Immigration policies and court orders can change. Checking official USCIS notices and keeping case information current can help you respond to new developments. If you are unsure how a change affects a pending application or your family immigration options, discussing your situation with an immigration professional can help clarify possible next steps.]]> On Behalf of Schwartz Posel Immigration Law Group <![CDATA[How foreign physicians can practice medicine in the United States]]> https://www.immlawfirm.com/?p=48917 2026-09-04T14:47:38Z 2026-09-04T14:47:38Z Training in the US on a J-1 Physician Visa Most foreign physicians complete residency or fellowship training in the United States on a J-1 exchange visitor visa. Once your program ends, you are generally required to return to your home country for at least two years before you can change your visa status, apply for a green card, or obtain an H, L, or K visa. This makes having a clear plan before your training ends essential.

Avoiding the home residency requirement with a Conrad 30 Waiver

The Conrad 30 waiver program is the most common path for J-1 physicians to bypass the two-year home residency requirement. In Georgia, the program is managed by the Georgia Department of Community Health, which can sponsor up to 30 physician waivers per year. Each waiver requires a three-year full-time commitment to practice in a federally recognized Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA). One critical development: the Conrad 30 program's authorization lapsed on October 1, 2025, and new waivers are currently unavailable until Congress renews the program. Physicians who held J-1 status before that date remain eligible. If this affects your situation, speaking with an immigration attorney early is especially important.

Pursuing permanent residency through the EB-2 National Interest Waiver

The EB-2 National Interest Waiver offers one of the most direct paths to a US Green Card for foreign physicians. Unlike the standard EB-2 category, the NIW allows you to apply on your own without needing an employer to sponsor you or file a labor certification. To qualify, you must commit to five years of full-time work in a medically underserved area such as an HPSA, MUA, MHPSA or PSA, or at a Veterans Affairs facility, and obtain a letter of support from a federal agency or state health department such as the Georgia Department of Public Health. Two important limitations: an approved EB-2 NIW does not waive the J-1 two-year home residency requirement, and time spent in J-1 status does not count toward the five-year service commitment.

Choosing the right path for your medical career

The right pathway depends on where you are in your training, whether you hold a J-1 visa, your specialty and your willingness to serve in an underserved area. Every physician's situation is different, and getting legal advice early can make a real difference in your outcome. If you are a foreign physician exploring your options in Georgia or across the United States, speaking with an experienced employment immigration attorney can help you identify the most efficient path for your situation.  ]]> On Behalf of Schwartz Posel Immigration Law Group <![CDATA[How the proposed $100,000 H-1B fee could affect hiring plans]]> https://www.immlawfirm.com/?p=48904 2026-07-02T13:32:38Z 2026-07-02T13:32:38Z What is the proposed H-1B entry fee? The fee adds $100,000 to the cost of bringing specialty occupation workers to the United States on H-1B visas. This includes IT, healthcare and education professionals. This amount is separate from standard filing fees. Current base petition fees total around $780. However, other costs would still apply, such as the American Competitiveness and Workforce Improvement Act fee and fraud prevention fees.

How would this affect pending and future applications?

While a federal district court struck down the fee in June 2026, the court paused its own ruling days later. As a result, the fee remains in effect for applicable petitions while the government's appeal is adjudicated. Companies planning new H-1B specialty occupation hires from abroad for late 2026 and beyond may need to prepare for higher costs. This ongoing uncertainty can disrupt long-term hiring plans for international candidates. Businesses may consider planning based on the current fee structure while the appeal continues. Waiting for a final decision could delay hiring or strain budgets.

What steps can hiring teams take now?

Companies can prepare by taking a few proactive measures:
  • Review hiring timelines for affected positions
  • Plan for potentially higher visa costs
  • Identify roles that may require H-1B sponsorship
  • Consider alternative hiring or visa options
  • Monitor updates as the case progresses
Building flexibility into hiring plans can help businesses navigate uncertainty.

Protecting your hiring plans

For Georgia businesses that rely on international talent through the H-1B visa, this proposed fee creates financial concerns. Staying informed can help businesses adapt their hiring strategies as new information becomes available. The months ahead will bring more clarity about costs and requirements.]]> On Behalf of Schwartz Posel Immigration Law Group <![CDATA[Does your gender matter when seeking VAWA relief?]]> https://www.immlawfirm.com/?p=48892 2026-05-26T13:56:50Z 2026-05-26T13:56:50Z Are you eligible for immigration relief under VAWA? You may be eligible if you are the spouse or child of an abusive U.S. citizen or green card holder. Parents may petition if their abusive son or daughter is a U.S. citizen aged 21 or older, or if the child lost or renounced their U.S. citizenship status within the past two years due to an incident of domestic violence, or died within the past two years (note that parents of abusive green card holders do not qualify). To qualify, you must show that you have resided with the abuser at some point in the past and that you possess good moral character. If you are applying as a spouse, you must prove you entered the marriage in good faith. Abuse under this law usually goes beyond physical violence. You might face harm even without visible injuries. These forms of harm may include:
  • Controlling you emotionally or mentally
  • Threatening to harm you or your loved ones
  • Threatening you about your immigration status
  • Controlling your money or finances
  • Keeping you away from family, friends or community
LGBTQIA+ survivors might face unique challenges. Your abuser may have threatened to out you or used your identity against you. These tactics may also count as extreme cruelty under VAWA.

What evidence might support your petition?

Building your case typically means gathering proof. You may want to collect evidence such as:
  • Medical records or photos showing physical harm
  • Threatening messages or emails
  • Statements from therapists or counselors
  • Statements from witnesses
  • Bank records showing limited access to money
  • Your written account detailing abuse patterns
Each piece of evidence may help show what you faced. Your personal story might prove valuable in showing how different forms of abuse are connected.

Moving forward with your petition

VAWA protections generally exist for survivors of all genders. Your experience may matter regardless of stereotypes about abuse survivors. Understanding what counts as abuse and how to document it could help you take the next steps toward safety.]]> On Behalf of Schwartz Posel Immigration Law Group <![CDATA[How the weighted H-1B visa lottery affects Atlanta employers]]> https://www.immlawfirm.com/?p=48878 2026-04-19T00:41:51Z 2026-04-19T00:41:51Z a weighted system that gives special priority to specific visa applicants. Understanding how this new system, which took effect in 2026, can help employers improve their chances of securing an H-1B visa.

What are the new odds?

The new weighted system prioritizes applicants based on their wages. The goal is to give priority to those in the most demanding professions and to prevent immigrant labor from undermining the domestic labor market. This new system has four levels that apply. Those who qualify for inclusion in the lottery but have comparatively low wages may have a Level I classification. There is one entry per registration, which carries a roughly 15% chance of selection during the actual lottery process, which is lower than it was before this new weighted system. Those who qualify for Level II classification receive two chances at selection per registration. Level III applicants receive three chances, while Level IV has the highest priority with four chances per registration. The H-1B wage Level IV selection probability is slightly higher than 60%. The level assigned depends on the wages included in a petition. Companies that offer higher wages can now increase their chances of successfully bringing foreign talent to the United States. Those who qualify for Level IV may enjoy a chance of selection that is roughly double the prior average for all applicants, making this a beneficial immigration law for physicians in Atlanta and other well-paid professionals. Level I applicants, on the other hand, are now roughly half as likely to secure a visa.

H-1B applications require strategic planning

Business leaders hoping to bring physicians, engineers and other highly-skilled professionals into the United States may need assistance navigating the legal complexities of the H-1B system under this new policy. Working with experienced immigration attorneys can help ensure process integrity. The right support can reduce the likelihood of errors or miscommunications that can result in a failed selection process, rejected application or the loss of a visa after selection during the lottery process due to wage discrepancies. Ensuring H-1B SOC code compliance in Georgia is critical for actually securing the visa, as the USCIS now compares the registration wage level when entering the lottery with the wages reported on the final petition submitted. Consulting with an Atlanta H-1B lawyer in 2026 can help organizations bring the best talent to the United States. Those concerned about navigating the new wage-weighted H-1B lottery may need guidance to improve their chances of securing employment visas for perspective foreign employees, and that’s okay.]]> On Behalf of Schwartz Posel Immigration Law Group <![CDATA[The roadmap to SIJS: The 2-step process]]> https://www.immlawfirm.com/?p=48873 2026-03-26T09:59:24Z 2026-03-25T15:16:53Z First step: The Georgia state court Your journey begins in a local Georgia court, such as a Juvenile, Superior or Probate Court. The judge must issue a specific order regarding the welfare and safety of the child. This document serves as the essential foundation for the entire SIJS application. Because Georgia courts typically lose jurisdiction when a child turns 18, it is critical to obtain this order before that milestone. Specifically, the judge must make several factual findings:
  • The child is dependent on the court or placed in the custody of an individual or a state agency.
  • Reunification with 1 or both parents is not viable due to abuse, neglect, abandonment or a similar basis under state law.
  • Returning to the home country is not in the best interest of the child.
A judge focuses entirely on the safety of the child during this stage. You must obtain this state order before moving forward to the federal level. It provides the legal proof that the child requires protection while living in the U.S.

Second step: The federal immigration petition

After you secure the state court order, the process moves to U.S. Citizenship and Immigration Services (USCIS). This federal agency reviews the findings from the Georgia judge to confirm the child meets all federal criteria. While federal law allows for petitions up to age 21, the underlying state order must generally be finalized while the child is still a minor under state law. USCIS reviews the order to ensure it contains a sufficient factual basis and meets federal requirements. According to official USCIS policy, this status eventually allows the youth to apply for a green card. Because federal requirements are strict, accuracy in this documentation is vital for a successful outcome.

Secure a stable future for your family

Navigating two different legal systems requires a calm and precise approach. You can transform the life of a child by following this stepwise roadmap toward permanent residency. Because Georgia state courts have specific age limits for these filings, taking action early is often the best way to protect their interests. Reviewing your options for family immigration matters can help you understand the specific requirements for your unique situation. Discussing these steps with a legal professional can help you determine if this pathway is the right choice for your family.  ]]> On Behalf of Schwartz Posel Immigration Law Group <![CDATA[How can an attorney help you navigate the immigration system?]]> https://www.immlawfirm.com/?p=48871 2026-01-22T11:13:18Z 2026-01-22T11:13:18Z What can attorneys do to help you? The immigration system in the U.S. is known to be very complicated due to its many laws and procedures. Making sense of it alone can be difficult, and it is easy to miss requirements and deadlines without someone to guide you and your family through them. You can remedy this with the guidance of an attorney, who can help you by:
  • Offering guidance: Attorneys can provide expert advice and guidance on the most suitable visa or immigration status for your family. With their help, it is easier to understand complex legal terms and their implications.
  • Preparing your application: Attorneys can help you and your family with immigration applications, reducing the likelihood of errors or omissions that might lead to rejection. They accomplish this by reviewing applications for you to ensure that they are correct before submitting them to the appropriate agencies before their deadlines.
  • Representing you in immigration court: In cases where legal proceedings are necessary, attorneys can represent you in immigration court and negotiate on your family’s behalf. They can also help you by filing appeals or motions to help you protect your rights.
  • Developing immigration strategies: Working with an attorney can make it easier to develop and work towards long-term immigration goals. They can help you create plans and keep you up to date with changes regarding laws and policies, ensuring smooth and steady progress towards successfully immigrating.
Immigration attorneys are invaluable when it comes to making sense of complex laws. By filling out your applications and taking care of deadlines, they can simplify and streamline the process for you and your family.

When might you need the help of an immigration attorney?

Delicate legal situations often require the care and attention of someone familiar with the law. If you must contend with cases involving your criminal history, prior denials, potential deportation and complex family situations, you may benefit from an attorney’s assistance. With the help of an attorney, you can have some peace of mind knowing that you have a legal professional working with you every step of the way. Whether you are seeking visas, permanent residency or citizenship, the guidance of an attorney can make a huge difference.]]> On Behalf of Schwartz Posel Immigration Law Group <![CDATA[What to do if your K-1 visa is denied]]> https://www.immlawfirm.com/?p=48863 2025-11-28T15:09:33Z 2025-11-28T15:09:33Z Facing a K-1 visa denial can feel like a major setback in your plans to start a life with your fiancé in the United States. While the process can be stressful and confusing, a denial does not automatically mark the conclusion of your immigration journey. You have options, and understanding them early can help you take the right steps to protect your case.

Understand why your K-1 visa was denied

In FY 2024, consular officers denied about 1 in 9 K‑1 visa applications, with 6,130 refusals out of 53,709 submissions worldwide. This shows that even with careful preparation, denials are not uncommon, making it essential to know why they refused your visa. Before deciding how to move forward, you need to know the specific reason for your denial. Common causes include missing documents, incomplete forms, insufficient evidence of a bona fide relationship or concerns raised during the visa interview.  Once you identify the cause, you can address it directly in any appeal or subsequent petition, giving yourself a better chance of success.

Options for appealing or addressing a denial

When officials deny your K-1 visa, you may have several paths to pursue. Each option depends on the reason for denial. Consider these approaches:
  • Motion to reconsider: You can ask the same authority that denied your visa to review the decision if you believe there was an error or misunderstanding in your case.
  • Motion to reopen: This allows you to submit new evidence or information that was not available during the original application.
  • Refiling the petition: Sometimes the fastest solution is to submit a new K-1 visa petition with corrected or additional documentation.
  • Requesting waivers: If your denial was due to inadmissibility issues such as prior immigration violations, certain waivers may allow your case to move forward.
Each of these options requires careful preparation and documentation to improve your chances of success. Working with an experienced immigration attorney can also help you identify the best path and avoid common mistakes that could lead to another denial.

Turning a setback into progress

A K-1 visa denial does not have to halt your plans. Knowing your options and acting promptly allows you to take control of the process and improve your chances for a successful outcome.]]> On Behalf of Schwartz Posel Immigration Law Group <![CDATA[Know the facts about EB-3 visas]]> https://www.immlawfirm.com/?p=48857 2025-09-11T16:00:02Z 2025-09-11T16:00:02Z is for immigrants who want to work in the U.S. However, it is for specific immigrants who fall into certain categories. To receive an EB-3, the person needs to know what category they fall into, what evidence is needed, what type of job they can receive, and what labor certification is necessary.

What are the rules for an EB-3 visa?

Foreign nationals who want to live and work in the U.S. and seek an EB-3 visa must know the rules and follow them to avoid running into problems. It is for skilled workers, professionals, and other workers. The visa is based on the person’s training, education, experience, and what type of work they are going to do. The categories are skilled workers, professionals, and unskilled workers. A skilled worker must be performing a job that will require a minimum of two years’ experience or training. It cannot be a temporary job or one which is performed seasonally as would be the case with agricultural jobs. An example of a skilled worker who would be a person entering the U.S. to do a specific type of job would be a chef. A Georgia restaurant that has a specific cuisine and wants to bring in a chef from France or Italy could sponsor them for an EB-3 visa. If they worked in a high-end restaurant, that could be sufficient for the training requirement. A person categorized as a professional must have a U.S. bachelor’s degree or the equivalent in a foreign institution. This is a key difference between skilled workers and professionals. Relevant education and experience will not be enough to substitute for a bachelor’s degree. A person who was offered a job in software for a computer company must show they have that education. An unskilled worker must have labor certification that requires fewer than two years’ experience or training. They must also show that they have met the requirements on the labor certification. This would be a labor-type job like the above-mentioned seasonal example of working in agriculture. In recent months, there have been intensive investigations and arrests of people who worked in agriculture. It is important for an unskilled worker to get an EB-3 visa before journeying to the U.S. in this or any other type of job in this category. The employer plays a vital part in the EB-3 visa process. A Permanent Labor Certification (PERM) is necessary. Employers are required to seek a U.S. worker who can do the job before hiring a foreign worker under EB-3. After that, they can sponsor a foreign worker for the job. The amount of time this takes can vary, but around 10 or more months is common. The employer must then provide Form I-140.

Following the rules is key with an EB-3 visa

Immigration is growing increasingly complex and that is particularly true with employment visas. Those who want to come to the U.S. to work could be reluctant to move forward. However, if people follow the rules for an EB-3 visa, meet the required categories, and have an employer willing to hire them, they can get this visa. Immigrants have forever been a key part of the U.S. experience and the country’s growth. Prospective workers and employers who are interested in an EB-3 visa should have assistance from the start. This can help with making sure all the necessary information is provided, the forms are filled out correctly, and the person who wants to work understands what they must do with a good chance of success.]]> On Behalf of Schwartz Posel Immigration Law Group <![CDATA[What happens if someone loses the job that secured them a work visa?]]> https://www.immlawfirm.com/?p=48855 2025-09-04T16:10:40Z 2025-09-04T16:10:40Z Losing the job that sponsored your visa can feel like the ground shifted beneath you. In Georgia, you still have options to maintain a lawful status, protect your family and plan your next steps carefully.

Some workers can stay in the country

Job loss does not always require immediate departure. Many visa categories allow a short, discretionary grace period after termination. During this window, you can search for a new job, file for a change of status or prepare for departure.  If a new employer files the proper petition in time, you may keep the same status and continue working. H-1B workers may benefit from portability rules, which let them begin with a new employer once USCIS receives a nonfrivolous petition.

The 60-day grace period explained

USCIS may treat you as maintaining status for up to 60 consecutive days or until your current validity ends whichever comes first. The grace period usually begins the day after paid employment ends. You cannot work during this time unless your visa explicitly allows it.  However, you can interview, accept a new offer and have an employer file on your behalf. USCIS policy outlines which categories qualify and what filings may preserve status, including extensions or changes of status.

Potential extensions of the grace period

USCIS does not extend the grace period itself but a timely, nonfrivolous filing can stop unlawful presence while your case remains pending. You may request a change to B-1/B-2 visitor status to gain time to settle affairs and continue your job search without working. Premium processing may speed certain decisions.  If you already filed an adjustment of status based on an approved immigrant petition and it has been pending for 180 days, you may port to a same or similar job with a new employer. Each path has limits, so align filings with your dates and circumstances.

Leveraging a loved one's visa for status maintenance

You may shift to dependent status if your spouse holds qualifying nonimmigrant status. H-4, L-2 and certain E dependent visas can serve as a bridge. Some dependent spouses qualify for work authorization. Marriage to a U.S. citizen may also open the door to adjustment of status. Eligibility, documentation and timing all matter.

Legal ramifications of overstaying

If you overstay, you trigger unlawful presence. That can lead to removal, visa denials and multi-year reentry bars. Unauthorized work can also harm future petitions. Small mistakes with dates may have lasting consequences.

Steps to avoid unlawful presence

To protect your immigration status after job loss, you need to act quickly and in the right order. Take these actions quickly and in this order to keep your record clean:
  • Confirm dates: Verify your last paid day and I-94 expiration.
  • Map options: Identify portability, change of status or departure.
  • File on time: Submit complete, nonfrivolous applications before day 60.
  • Keep evidence: Save pay records, termination letters and delivery proofs.
  • Stop working: Do not work unless clearly authorized under your status.
  • Plan departure: Book travel if no timely filing is possible.
These steps help you preserve eligibility for future visas or permanent residence.

A measured next step

Each case depends on your visa category, dates and long-term goals. Review the employment-based options available to you and consider getting professional guidance if you’re unsure about timing or eligibility.  Careful review of your filings, deadlines and USCIS policies can help you choose the right path and avoid mistakes that might harm your status.]]>