Heller Immigration LawSan Francisco Bay Area, San Jose & Silicon Valley

Insights & Guides

Practical immigration guides from 30+ years of practice. No legal jargon, just straight answers.

H-1B Specialty Occupation: The Degree Isn't the Job

H-1B Specialty Occupation: The Degree Isn't the Job

A specialty occupation is about the job, not the person. The duties decide it — vague duties lose.

EB-1A Extraordinary Ability: Prove It — 3 of 10, Then the Real Test

EB-1A Extraordinary Ability: Prove It — 3 of 10, Then the Real Test

Three of ten criteria is only the first step. Then USCIS judges the record as a whole.

EB-1B Outstanding Professor: Outstanding Paperwork

EB-1B Outstanding Professor: Outstanding Paperwork

EB-1B can't be self-petitioned. An employer must file it — and the position must be permanent.

EB-2 NIW Under Dhanasar: The National Interest Isn't a Feeling

EB-2 NIW Under Dhanasar: The National Interest Isn't a Feeling

Dhanasar asks three questions. The national interest isn't a feeling, and plans alone are weak evidence.

EB-1C: The Manager Who Actually Managed

EB-1C: The Manager Who Actually Managed

EB-1C is the natural next step after L-1A — but it can't follow immediately. The company must be doing business first.

PERM: EB-2 vs. EB-3 — Same Door, Different Line

PERM: EB-2 vs. EB-3 — Same Door, Different Line

PERM is a genuine test, and recruitment is the heart of it. The category follows the job, not the worker.

TN Under USMCA: The Border Visa That Isn't a Visa

TN Under USMCA: The Border Visa That Isn't a Visa

Fast, no lottery, no labor certification — but only for professions on the USMCA list.

L-1A vs. L-1B: Manager, Specialist — Don't Mix Them Up

L-1A vs. L-1B: Manager, Specialist — Don't Mix Them Up

L-1A turns on management, L-1B on specialized knowledge. Get the capacity right first.

O-1A for Scientists: Extraordinary on Paper, Extraordinary in Person

O-1A for Scientists: Extraordinary on Paper, Extraordinary in Person

O-1A is also for scientists and researchers — and often the most practical work visa available.

E-2 Treaty Investor: Buy a Business, Get a Visa — If You Do It Right

E-2 Treaty Investor: Buy a Business, Get a Visa — If You Do It Right

E-2 isn't a visa you buy. The business must be real, active, and directed by the investor.

Becoming a Founder in America: The O-1 Trap No One Warns You About

Becoming a Founder in America: The O-1 Trap No One Warns You About

Incorporating is not permission to work. For founders trying to become founders, the order matters: stop unauthorized work, build a provable record, file the O-1, and wait for approval before you work.

2027 DV Lottery: Enter It Yourself

2027 DV Lottery: Enter It Yourself

The entry is a $1 form anyone can file. If you're picked — and you're here legally — that's when you call us.

AI Takes No Prisoners

AI Takes No Prisoners

The machine now reads every filing you have ever made, all at once. Here's the warning, and what to do before it reads yours.

"Chain Migration": The Boogeyman That Falls Apart on Contact With Facts

The term sounds scary. The reality is boring. Here's what family immigration actually looks like.

H-1B Cap Season: Your No-BS Survival Guide

H-1B Cap Season: Your No-BS Survival Guide

The H-1B lottery is stressful, but with the right preparation it's very winnable. Here's what you actually need to know.

Election Got You Worried About Immigration? Breathe. Read This.

Election Got You Worried About Immigration? Breathe. Read This.

Elections bring anxiety. Here's a calm, clear look at what actually changes — and what doesn't.

Immigration Reform: The Bill That Never Comes

Immigration Reform: The Bill That Never Comes

Congress has been promising immigration reform for decades. Here's why it never happens.

Came as a Tourist, Want to Stay? The Honest Truth About Your Options

Came as a Tourist, Want to Stay? The Honest Truth About Your Options

You're here on a tourist visa and want to stay. Here's what's actually possible — and what's not.

I-9 Compliance: The Employer's Cheat Sheet

I-9 Compliance: The Employer's Cheat Sheet

I-9 audits are increasing. Here's what employers need to get right.

The Visa Bulletin: Two Dates That Control Your Entire Green Card Case

The Visa Bulletin: Two Dates That Control Your Entire Green Card Case

Two dates on a government chart control your entire green card timeline. Here's how to read them.

Rule by Executive Pen: Why It's a Shaky Foundation for Your Case

Rule by Executive Pen: Why It's a Shaky Foundation for Your Case

Executive actions can change immigration policy overnight — and be undone just as fast. Here's what that means for you.

STEM OPT: How to Turn 1 Year of Work Authorization Into 3

STEM OPT: How to Turn 1 Year of Work Authorization Into 3

The 24-month STEM OPT extension is the most underused tool in student immigration. Here's how to get it.

What I'm Watching in Immigration Right Now

What I'm Watching in Immigration Right Now

After 30+ years, I've learned to watch the signals. Here's what's on my radar.

Hiring Foreign Workers: The Rules Nobody Tells You

Hiring Foreign Workers: The Rules Nobody Tells You

Every route an employer can use, what each one really costs, and the mistakes that sink cases early.

H-1B Past Six Years? Two Legal Ways to Stay Working

H-1B Past Six Years? Two Legal Ways to Stay Working

Six years is not the end. Two AC21 rules keep H-1B workers working while the green card waits.

H-1B Revoked: What Ends, What Survives, What Is Next

H-1B Revoked: What Ends, What Survives, What Is Next

A revocation is not always the end. What stops at once, what survives, and the clocks that start.

Green Card Caps: Why Your Birth Country Sets Your Wait

Green Card Caps: Why Your Birth Country Sets Your Wait

The 7% cap by country of birth is why one line runs decades — and the fix never became law.

Job Portability: Change Employers Without Starting Over

Job Portability: Change Employers Without Starting Over

Change jobs without losing your place in line — H-1B portability and the 180-day rule.

Green Card Myths: The Lottery Is Not the Only Door

Green Card Myths: The Lottery Is Not the Only Door

Nine myths, checked against the law as it stands — the lottery, marriage, EB-5 money, and the waits.

I-140 Retention: Keep Your Place When the Job Ends

I-140 Retention: Keep Your Place When the Job Ends

An approved I-140 keeps your place in line after the job ends. What it protects, and what it does not.

H-4 EAD Work Authorization: Still Here, Still Working

H-4 EAD Work Authorization: Still Here, Still Working

The rule Washington kept predicting would die is alive — who qualifies, how to file, and the renewal trap.

Cap-Gap Work and Travel: Do Not Fall Between OPT and H-1B

Cap-Gap Work and Travel: Do Not Fall Between OPT and H-1B

Cap-gap now runs to April 1, not September 30. The work and travel rules between OPT and H-1B.

H-1B Prevailing Wage: Pay Too Little, Owe It All Back

H-1B Prevailing Wage: Pay Too Little, Owe It All Back

There is no single H-1B salary. The required wage, the benching rule, and what back wages really cost.

H-1B for Recruiters: Ask Right, Plan Early, Hire Well

H-1B for Recruiters: Ask Right, Plan Early, Hire Well

What recruiters may ask, what they may not, and how the March registration window really works.

H-1B Site Visits: The Knock You Should Be Ready For

H-1B Site Visits: The Knock You Should Be Ready For

FDNS officers arrive unannounced. What they check, who they interview, and why refusing is not safe.

H-1B Denial: Immigration Lawyer Guide to Pushing Back

H-1B Denial: Immigration Lawyer Guide to Pushing Back

USCIS can now deny without an RFE first. Motions, appeals, refiling, and lawsuits — what each one does.

Premium Processing: Faster Action, Never a Sure Yes

Premium Processing: Faster Action, Never a Sure Yes

Fifteen business days and a refund if USCIS misses. What premium processing does and does not buy.

Immigration Filing Fees: Every Dollar, Line by Line

Immigration Filing Fees: Every Dollar, Line by Line

Every government fee on an employment case, line by line — current amounts, and who must pay each one.

Entrepreneur Parole: The Startup Door That Is Not a Visa

Entrepreneur Parole: The Startup Door That Is Not a Visa

Parole for founders with real funding — not a visa, not status, and never guaranteed. How the startup door actually works.

Denied Without an RFE: File It Complete the First Time

Denied Without an RFE: File It Complete the First Time

Officers can deny a thin filing without asking for more first. What complete means now, before you file.

File Now: Immigration Lawyer on What a Filing Date Locks In

File Now: Immigration Lawyer on What a Filing Date Locks In

A filing date locks in the fee, the form edition, and your place in line — and no more than that. File when the case is ready.

How U.S. Immigration Works: One Map, Every Door In

How U.S. Immigration Works: One Map, Every Door In

One map of the whole system, work routes first — the doors in, the limits, and the agencies that decide.

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