Author

André Linhares

U.S. immigration attorney with 15+ years representing international professionals, executives and investors.

Founding Partner

Recent insights

Adjustment of Status or Consular Processing in EB-2 NIW: What Changes?
EB-2 NIW

Adjustment of Status or Consular Processing in EB-2 NIW: What Changes?

Adjustment of status and consular processing are different paths to seek permanent residence after the petition—or, for adjustment when permitted, while the I-140 is pending. The comparison requires separating the I-140 from the residence stage and evaluating presence, immigration history, visa availability, admissibility, travel, work, and family.

by André Linhares· 8 min read
RFE in EB-2 NIW: What Does a Request for Evidence Mean?
EB-2 NIW

RFE in EB-2 NIW: What Does a Request for Evidence Mean?

A Request for Evidence (RFE) means USCIS needs proof or clarification on identified issues before completing its review. The notice is not an approval, denial, or prediction of the outcome. Learn what must be read in the document, how the deadline works, and why a generic response may leave the central issue unresolved.

by André Linhares· 6 min read
Visa Bulletin for EB-2: How to Read the Priority Date and Availability
EB-2 NIW

Visa Bulletin for EB-2: How to Read the Priority Date and Availability

To read the Visa Bulletin for EB-2, you need to match the priority date, category, chargeability area, and the table that applies to the intended action. Learn how to distinguish Dates for Filing from Final Action Dates, interpret C and U, and avoid turning the bulletin into a promise of timing.

by André Linhares· 6 min read
O-1 and EB-1A: Why They Are Not the Same Immigration Strategy
EB-1

O-1 and EB-1A: Why They Are Not the Same Immigration Strategy

O-1 is a temporary classification for work; EB-1A is an immigrant classification related to permanent residence. The comparison requires examining purpose, petitioner, activities, and evidentiary standards, including differences among O-1A, O-1B in the arts, and O-1B in motion picture and television.

by André Linhares· 7 min read
EB-1A or EB-2 NIW: Which Differences Should Guide the Analysis?
EB-1

EB-1A or EB-2 NIW: Which Differences Should Guide the Analysis?

EB-1A and EB-2 NIW may allow self-petitioning and waive a job offer and labor certification, but they require different showings. Understand the role of professional recognition in EB-1A, the two layers of EB-2 NIW, and why the same document may serve different functions in each petition.

by André Linhares· 7 min read
Do I need to be famous for an EB-1A assessment?
EB-1

Do I need to be famous for an EB-1A assessment?

EB-1A requires sustained recognition in the professional field, not popular fame. Understand what that distinction means and how achievements, reach, and documentation can be examined without assuming eligibility.

by André Linhares· 7 min read
Recommendation Letters in EB-2 NIW: What Can They Show?
EB-2 NIW

Recommendation Letters in EB-2 NIW: What Can They Show?

Letters in EB-2 NIW can provide context for achievements, importance, positioning, and national interest. Their weight depends on direct knowledge, specific examples, and corroboration by other evidence—not on a fixed number or template.

by André Linhares· 7 min read