Ortega-Medina & Associates

26/01/2026

ASYLUM FOR UK JEWS? WHAT THE LAW ACTUALLY SAYS

There has been recent media reporting suggesting that the United States may be considering offering asylum to Jewish people from the United Kingdom as a group, in response to rising antisemitism.

It’s important to separate headlines from law.

At present, there is no U.S. government policy, programme, or legal mechanism that grants asylum to any group en masse—British Jews or otherwise.

Under U.S. law:

• Asylum is always individualised and fact-specific.
• Nationality alone is irrelevant; what matters is whether a particular person or family can demonstrate a well-founded fear of persecution on a protected ground, such as religion.
• General concerns about rising antisemitism, without evidence of personal targeting, are not sufficient on their own.
• Where individualised evidence does exist—such as threats, attacks, repeated harassment, or official indifference—there is nothing to “wait for.” An asylum claim can be made now, under the existing legal framework.

Broad, group-based protections fall under mechanisms like Temporary Protected Status (TPS) or refugee programmes created by statute or executive action. No such designation exists for the United Kingdom, and none has been announced.

Media reports of “discussions” do not change the law and do not create a new or special asylum category.

As a UK-based U.S. immigration attorney who has represented asylum seekers in U.S. immigration court, I regularly speak with individuals and families who are trying to understand whether their circumstances rise to the legal threshold for protection—and, just as importantly, whether asylum is the right strategy at all.

If you would like a formal, confidential assessment of your situation, I’m happy to discuss what evidence typically matters most and how U.S. asylum law applies to your specific facts.

02/07/2025

The U.S. Senate has narrowly passed the One Big Beautiful Bill—a massive legislative package with far-reaching consequences for U.S. immigration policy.

This 1,000-page bill allocates over $150 billion toward immigration enforcement, including:

• $47B for expanded border wall construction

• $45B for detention infrastructure

• New filing fees: $1,500 for green cards, $1,000 for asylum, $500 for TPS

For an outline of the key immigration-related provisions, read more here: https://lnkd.in/eB2eBWPq

Legal professionals, HR leaders, and policy analysts: this bill—if enacted—could reshape the U.S. immigration landscape for years to come. Now is the time to understand what’s inside.

This link will take you to a page that’s not on LinkedIn

01/07/2025

THE AI TALENT SHORTAGE ISN’T JUST A TECH PROBLEM. IT’S AN IMMIGRATION CRISIS

While companies around the world are racing to secure top AI professionals, US employers are being held back by outdated visa caps, unpredictable lotteries, and years-long green card queues.

I regularly hear from recruiters who’ve found the perfect AI hire only to lose them because of visa constraints.

In my latest article, I break down:

* Why the U.S. visa system is failing AI employers

* What that means for your workforce strategy

* Practical steps companies can take now to stay competitive

If your team is recruiting AI or machine learning talent, this is essential reading:

https://www.ortega-medina.com/ai-talent-bottleneck-how-u-s-visa-constraints-are-choking-innovation/

Struggling to hire AI talent? Learn how outdated U.S. visa rules are choking innovation—and what your company can do to stay ahead.

30/06/2025

TN VISA DENIED AT THE BORDER? HR LEADERS AND RECRUITERS, TAKE NOTE.

A Canadian executive presents their TN visa application under the “Management Consultant” category. An hour later—after secondary inspection and intense questioning—they’re denied.

This is not an isolated incident.

Under USMCA (formerly NAFTA), the Management Consultant category is one of the most commonly misunderstood and misapplied TN designations—and one of the most frequently refused at ports of entry.

In my latest article, I outline what HR teams and recruiters need to know:

* What a “Management Consultant” really means under USMCA
* Why this category draws immediate scrutiny from CBP
* The most common reasons for denial—and how to avoid them
* How to recover after a TN refusal
* Practical steps to ensure your next application is bulletproof

If your company sponsors or places Canadian talent for U.S. roles—especially on short notice—this article is essential reading.

Read the full article:�
https://www.ortega-medina.com/usmca-and-the-management-consultant-dilemma-avoiding-pitfalls-in-the-tn-visa-process/

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Learn how to qualify for a TN visa as a Management Consultant under USMCA. Avoid common mistakes and boost your approval odds.

29/06/2025

U.S. VISA ALERT: PRESIDENTIAL PROCLAMATION 10949 NOW IN EFFECT

As of June 9, 2025, the U.S. government has suspended or restricted visa issuance to nationals of 19 specific countries under Presidential Proclamation 10949.

Affected applicants include those from countries such as Iran, Haiti, Afghanistan, Venezuela, and others.

Key points:
1– This is not a blanket suspension for all foreign nationals.
2– The restrictions apply only to certain countries and visa types.
3– Exceptions may be available, but they are very limited and granted case by case.
4– The National Interest Exception (NIE) is one potential path forward—but it is rarely approved and must be clearly justified.

There is no separate application for an NIE—the case must be made during the visa interview and requires strategic preparation.

At Ortega-Medina & Associates, we specialize in complex visa matters and consular advocacy, including National Interest Exception arguments.

If you or your clients are from one of the affected countries, we strongly advise speaking with us before proceeding with a visa application.

25/06/2025

IN A WORLD GROWING MORE UNSTABLE BY THE DAY, IT’S TIME TO GET SERIOUS ABOUT YOUR U.S. IMMIGRATION STRATEGY.

If you’re in the U.S. on a temporary visa (E, L, H, O, etc.), your status is conditional—and vulnerable to sudden change.

And if you’re a Green Card holder, only U.S. citizenship offers full, permanent protection.

Now is the time to secure your future.

At Ortega-Medina & Associates, we specialize in helping individuals:

* Adjust from temporary visa to Green Card,

* Upgrade from Green Card to U.S. citizenship,

* Strategize long-term immigration security for themselves and their businesses.

We offer confidential, no-charge assessments to help you understand your options and take the next step.

Don’t wait for uncertainty to close the door—contact us today.�
Read more here: https://www.ortega-medina.com/secure-your-future-why-you-should-adjust-your-u-s-immigration-status-now

Secure Your Future: Why You Should Adjust Your U.S. Immigration Status Now In an increasingly unstable world—marked by political upheaval, economic volatility, and sudden policy shifts—foreign nationals living in the United States on temporary visas should seriously consider their long-term immi...

23/06/2025

THERE’S MORE THAN ONE PATH TO A GREEN CARD

Whether you’re an executive, investor, artist, researcher, or a sponsored employee, there’s no one-size-fits-all approach to U.S. permanent residency. At Ortega-Medina & Associates, we specialize in helping clients strategize the optimal path based on their unique goals and qualifications.

Some of the most common Green Card routes we work with:
�• EB-1C for multinational executives/managers
�• EB-2/EB-3 via PERM Labor Certification
�• EB-1A for individuals of extraordinary ability
�• National Interest Waivers (NIW)
�• Family-based petitions
�• Adjustment from E-2 or L-1 status
�• Special categories (religious workers, asylum, etc.)

The key is strategy—not just eligibility, but timing, feasibility, and long-term goals.

If you’ve already obtained a Green Card, we’d love to hear how you did it.

Which path worked for you?�
Share your journey in the comments—or feel free to reach out if you're still looking for yours.

20/06/2025

E-2 VISA TO EB-1C GREEN CARD: DEBUNKING A COMMON MYTH

MYTH: E-2 visa holders can’t apply for a Green Card under EB-1C.�
TRUTH: They absolutely can.

Many believe the EB-1C is only for L-1A visa holders. Not so. The type of visa you hold doesn’t determine eligibility—the role you play does.

To qualify for EB-1C, you must:
�✔ Have worked for a qualifying foreign entity in an executive or managerial role for 1 of the last 3 years (or 3 of 5 if in the U.S.)�✔ Be coming to the U.S. to fill a similar role in a qualifying U.S. entity�✔ Ensure the U.S. business has been actively operating for at least 1 year

So yes—E-2 visa holders can qualify, as long as the business and role meet the criteria.

Don’t limit your Green Card options based on a myth.�
Contact Ortega-Medina & Associates to explore the best strategy for your business.

19/06/2025

STUDENT VISA APPOINTMENTS RESUME – WITH NEW SCREENING RULES

After a weeks-long pause that left many international students in limbo, the U.S. Department of State has resumed F and M visa appointments at embassies and consulates worldwide as of June 18, 2025.
However, students should be aware: the resumption comes with enhanced vetting procedures, including a requirement that social media accounts be set to public for officer review. Applicants may face scrutiny for any content deemed hostile to the U.S., supportive of terrorism, antisemitic, or inconsistent with their visa intent.

Key Points:
* Appointments are reopening immediately, with prioritization guidelines in place.
* Public social media profiles are now a requirement.
* Students are advised to review online content carefully and apply early.

Our firm is closely monitoring these developments. If you or your sponsored employees are affected, feel free to reach out—we’re here to help navigate the new requirements.

19/06/2025

IMPORTANT UPDATE REGARDING F AND M VISA APPOINTMENTS:

• On June 18, 2025, the Department of State issued a cable to U.S. embassies and consulates: Student visa appointments are to resume immediately.

WHAT YOU NEED TO KNOW�
1. Enhanced Screening:
• All applicants must now set their social media profiles to public so consular officers can review for signs of hostility toward the U.S., support for terrorism or antisemitism, or activism inconsistent with visa intent.

2. Priority & Scheduling:
• Visa slots will reopen gradually. Consulates are advised to balance volume with increased vetting workload and may prioritise applicants attending schools with under 15% international enrollment.

3. Who Is Affected:
• The pause and vetting changes impact both new applicants and those already in the process (e.g., renewals, administrative processing).

4. Compliance FAQ:
• Do I have to make profiles public? Yes—refusal may be viewed as hiding material, potentially triggering denial or further review.
• What content is concerning? Anything deemed hostile to U.S. government/culture, supportive of terrorists, antisemitic, or evidence of activist history.
• When will interview slots open? Within about 5 business days after June 18, though exact timing varies by post.

In summary: the U.S. has reopened student visa appointments as of June 18, 2025, but with tighter online background checks. This is a relief—but compliance with new vetting rules is essential to avoid additional delays or denials.

We remain available to advise on and troubleshoot any and all student visa matters.