Revital Shavit Immigration Law

08/21/2026

🚨 IMPORTANT IMMIGRATION UPDATE for those applying for a green card: New Public Charge Rules Take Effect September 18, 2026 🚨

​USCIS has issued new policy guidance following the rescission of the 2022 Public Charge Rule. The updated framework brings significant changes to how green card (Form I-485) applications will be evaluated starting September 18, 2026.

​What You Need to Know:

​1. Expanded Benefit Consideration: For applications postmarked or submitted electronically on or after Sept. 18, 2026, USCIS officers will consider a much broader range of means-tested public benefits, including food stamps, housing assistance, and college financial aid, rather than just cash assistance and long-term care.

​2. Family Member Benefit Use: Benefit use by dependents/family members may now be evaluated as evidence of an applicant's income and financial status.

​3. Totality of Circumstances: Determinations remain a multi-factor assessment. Officers will evaluate age, health, family status, financial resources, skills, and employment, as well as benefit history.

​4. Affidavits of Support (I-864): An I-864 is still required for sponsored applicants, but under the new framework, officers are not automatically required to treat a sufficient I-864 as a positive factor.

​5. Public Charge Bonds: In certain cases where an applicant is inadmissible only on public charge grounds, USCIS may issue a Notice of Intent to Deny inviting them to post a Public Charge Bond (Form I-945). Applicants cannot request a bond voluntarily.

​Who Does This Apply To?
The public charge test continues to apply primarily to family-based and employment-based green card applicants. Most humanitarian categories (such as refugees, asylees, and VAWA self-petitioners) remain exempt.

​If you are currently preparing or planning to file Form I-485, timing is crucial. Consult with a qualified immigration attorney to understand how these changes impact your specific case before filing!

08/17/2026

Here is a brief overview of the processing for most U.S. Nonimmigrant Visas (NIV). Always consult an immigration attorney before taking action. Please share this information with friends who may need it!

08/05/2026

The E-2 treaty investor visa is one of the most underrated paths for entrepreneurs. Here’s who qualifies and how it actually works.

📌 Save it, and tag the founder who keeps talking about “moving the company to the States.”

Curious if your country has a treaty or whether your investment qualifies? Comment or DM “E2.”



Most entrepreneurs think they only have two options…

One of the biggest misconceptions I hear is:

“I either need to win the H-1B lottery or invest millions of dollars.”

For many entrepreneurs, investors, and business owners, that’s simply not true.

The E-2 visa has helped thousands of people legally build and grow businesses in the U.S., yet many don’t even know it exists.

Let’s break down how it actually works.

What is the E-2 Visa?

Think of the E-2 visa as a business visa.

Instead of being sponsored by an employer, you’re investing in and operating your own U.S. business.

As long as you meet the legal requirements and your business remains active, the visa can continue to be renewed.

It’s a flexible option for founders who want to build something of their own rather than work for someone else.

The 4 core requirements

People often ask whether qualifying for an E-2 visa is difficult.

In reality, the framework is fairly straightforward.

The challenge isn’t understanding the requirements, it’s properly documenting them and presenting a strong application.

Every case is unique, and small details often make a significant difference.

The most asked question is What is a “substantial investment”?

There is no official minimum investment amount written into the law.

Instead, immigration officers look at whether your investment is substantial for the type of business you’re creating.

A consulting firm, coffee shop, tech startup, or retail business won’t all require the same level of investment.

The focus is whether you’ve committed enough capital for the business to realistically operate and succeed.

One of the biggest advantages

Many founders focus only on themselves, but the E-2 visa can benefit the entire family.

Your spouse may apply for work authorization, allowing th

07/31/2026

The EB-2 National Interest Waiver is one of the most powerful business immigration paths available, but it's also one of the most misunderstood.
Holding a Master's degree or expertise in your field is only the baseline requirement. What really makes or breaks an NIW petition is your Proposed Endeavor. 🧠💡
So, what makes an endeavor "nationally important" in the eyes of USCIS?
Check out our new post where we demystify the NIW legal standards, look at winning vs. challenging endeavors, and outline what evidence you need to build a rock-solid case.

When foreign professionals evaluate U.S. permanent residency, the EB-2 National Interest Waiver (NIW) is often top of mind. It allows qualified individuals to petition for a green card without requiring a U.S. employer sponsor or going through the tedious Department of Labor PERM labor certification...

07/29/2026

If your status has expired and you are planning any domestic flight, consult an immigration attorney before your travel.
This is important even if you have a pending application, such as an adjustment of status (green card) application or a pending request to extend your prior status.

Federal agents are arresting spouses of Americans, tech workers and others whose visas have expired, including many who have active applications to stay in the country.

07/23/2026

The end of "Duration of Status" (D/S) is official. Here's what it actually means for your timeline.👨‍🎓

For years, the rule for those on F-1 and J-1 visas was simple: as long as you were enrolled, making progress, and keeping your I-20 or DS-2019 updated through your university's international student office, you were good.

🗓️ Starting this September, student and exchange visas will be capped at a hard maximum of 4 years.

The Quick Breakdown:

• The 4-Year Cap: If your PhD, dual-degree, or research program takes longer than 4 years (which most doctorates do), you can no longer just get an extension approved by your university advisor. You'll have to file a formal Extension of Stay directly with USCIS.

• 30-Day Grace Period: The post-grad window to transition to OPT, switch to an H-1B/O-1, or prepare to leave is being cut from 60 days to 30.

• Major & Transfer Locks: Switching majors or changing research focus—especially for grad students—will now face way tighter federal restrictions mid-program.

• International Travel Caveat: If you're currently in the U.S. under the old D/S rules, leaving the country after the rule goes into effect automatically transitions you to the new 4-year fixed-date system when you re-enter.

If you're in the middle of a long degree, preparing for post-grad work, or planning your next visa move, now is the time to audit your timeline and map out your steps before federal backlogs hit.

📌 Know someone currently on an F-1 or J-1, finishing a PhD, or preparing for OPT? Tag them or share this post so they aren't caught off guard by the deadline.

07/14/2026

⚠️ Critical USCIS Update: One Signature Mistake Could Lead to Rejection of Your Case

This week, USCIS has issued strict, immediate policy guidance clarifying signature requirements across the board. ✍️

Here is what you need to know to protect your application:

The Risk: If USCIS accepts your petition but later finds the signature invalid, they may reject or deny your case entirely.

What is NOT Allowed: You cannot copy and paste a digital image of your handwritten signature onto a form. USCIS explicitly considers this invalid.

What IS Allowed: A scan, photocopy, or fax of a genuine, original handwritten signature. Electronic signatures are valid only when captured directly through your official USCIS online account when filing.

Important: Save copies of your signed documents, as USCIS may request them.

The Scope: This applies immediately to ALL applications, including employment, business, and family-based petitions.

07/08/2026

For international founders and tech entrepreneurs expanding into the U.S. market, selecting the right immigration pathway is a critical business decision. Two of the most effective strategic avenues are the O-1A and L-1A visas, yet they require entirely different evidentiary frameworks.

🌟 The O-1A Visa: Individual Distinction
The Focus: Centered entirely on your individual achievements, sustained national or international acclaim, and extraordinary ability within your industry.

The Advantage: It does not require an existing foreign corporate entity or prior corporate structure, making it highly flexible for agile innovators.

🏢 The L-1A Visa: Intracompany Transferee
The Focus: Centered on your executive or managerial capacity within an established multinational organization.

The Requirement: Requires a qualifying relationship between a foreign company and the U.S. entity, along with at least 1 year of continuous employment abroad.

If you would like to learn more about these visas, please contact us at [email protected] to schedule your consultation.

07/03/2026

Happy 4th of July to all our clients and friends!

06/30/2026

💡 Are you a STEM researcher or tech innovator facing the H-1B lottery cap or nearing the end of your STEM OPT? The O-1A Extraordinary Ability Visa isn't a popularity contest. It is a data-driven, evidence-based pathway designed for top-tier global talent.

Many founders, engineers, and researchers assume the O-1 is reserved only for Nobel laureates. But USCIS trends underscore a critical reality: O-1 approval is about PROOF, not popularity. For STEM professionals, USCIS looks for tangible metrics of impact. You can build a watertight O-1 case by leveraging evidence across these key pillars:

🎓 Published Material & Scholarly Articles: Peer-reviewed papers or industry coverage highlighting your work.

👥 Judging or Evaluating: Serving on peer-review panels, judging hackathons, or evaluating industry journal submissions.

💡 Original Contributions: Patented technology, major open-source repositories, or breakthrough research with verifiable field-wide impact.

📈 Critical or Leading Roles: Essential contributions to prestigious startups, research labs, or tech enterprises.

🌐 Visit us at https://www.rsbilaw.com/contact-us to schedule a strategic evaluation of your achievements.