This is a podcast about U.S. immigration law <br/><br/><a href="https://webberimmigration.substack.com/s/the-maze?utm_medium=podcast">webberimmigration.substack.com</a>

The Maze: A Podcast about US Immigration Law
Claim This Podcastby Robert Webber
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Podcast Overview
This is a podcast about U.S. immigration law <br/><br/><a href="https://webberimmigration.substack.com/s/the-maze?utm_medium=podcast">webberimmigration.substack.com</a>
Language
🇺🇲
Publishing Since
11/23/2024
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Recent Episodes

June 7, 2026
Episode 35: PERM Labor Certification and Job Changes
<p></p> <br/><br/>This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit <a href="https://webberimmigration.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_2">webberimmigration.substack.com/subscribe</a>

June 1, 2026
Episode 34: Overview of U.S. Immigration Law Options for Physicians and Researchers
<p></p><p>* <strong>Issues that Relate to Everyone:</strong></p><p>a. Temporary Visas.</p><p>b. Strategies for U.S. Permanent Residence.</p><p>* <strong>Physicians:</strong></p><p>a. Temporary Visas: J-1 clinical, J-1 research, H-1B, O-1.</p><p>b. Strategies for U.S. Permanent Residence: Employer sponsorship, self-sponsorship (including P-NIW), marriage to a U.S. citizen.</p><p></p><p>* <strong>Researchers:</strong></p><p>a. Temporary Visas: F-1, J-1 research, H-1B, O-1.</p><p>b. Strategies for U.S. Permanent Residence: Employer sponsorship, self-sponsorship, marriage to a U.S. citizen.</p><p>* <strong>The Visa Bulletin:</strong></p><p>a. Country of Birth versus Country of Citizenship.</p><p>b. Cross-Chargeability.</p><p>c. EB-1 versus EB-2.</p><p>d. Priority Date Retention.</p><p></p> <br/><br/>This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit <a href="https://webberimmigration.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_2">webberimmigration.substack.com/subscribe</a>

May 25, 2026
Episode 32: Adjustment of Status versus Immigrant Visa Processing: The Role of Temporary Intent
<p>* May 21, 2026, Policy Memo on Adjustment of Status as Administrative Grace (PM-602-0199): <a target="_blank" href="https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary"><strong>Here</strong></a></p><p>* “Failure to depart” as a negative discretionary factor.</p><p></p><p>* August 15, 2025, Policy Memo on Good Moral Character Standard for Naturalization (PM-602-0188): <a target="_blank" href="https://www.uscis.gov/sites/default/files/document/policy-alerts/08.15.2025-Restoring_a_Good_Moral_Character_Evaluation_Standard_for_Aliens_Applying_for_Naturalization-Policy_Memorandum_FINAL.pdf"><strong>Here</strong></a></p><p>* August 19, 2025, Policy Alert on Anti-Semitic/Anti-American Behavior as “overwhelmingly negative” discretionary factor (PA-2025-16): <a target="_blank" href="https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250819-DiscretionaryFactors.pdf"><strong>Here</strong></a></p><p>* September 4, 2025: Policy Memo (PM-602-0190): Related to Public Charges.</p><p>* September 20, 2025: $100k H-1B Surcharge Memo.</p><p>* November/December 2025 and Jan 1, 2026: Various memos pausing processing of DV lottery cases, asylum cases, and benefits for people of 39 “high-risk” countries</p><p>* November 2020 Policy Memo on <strong>Discretionary Factors</strong> in Adjustment of Status: <a target="_blank" href="https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20201117-AOSDiscretion.pdf"><strong>Here</strong></a></p><p>* <strong>Family and Community Ties - Positive:</strong></p><p>* Family ties to the United States and the closeness of the underlying relationships.</p><p>* Hardship to the applicant or close relatives if the adjustment application is denied.</p><p>* Length of lawful residence in the United States, status held and conduct during that residence, particularly if the applicant began his or her residency at a young age.</p><p>* <strong>Family and Community Ties - </strong><strong>Negative</strong><strong>:</strong></p><p>* Absence of close family, community, and residence ties.</p><p>* <strong>Immigration Status History - Positive:</strong></p><p>* Compliance with immigration laws and the conditions of any immigration status held.</p><p>* Approved humanitarian-based immigrant or nonimmigrant petition, waiver of inadmissibility, or other form of relief and the underlying humanitarian, hardship, or other factors that resulted in the approval.</p><p>* <strong>Immigration Status and History - </strong><strong>Negative</strong><strong>:</strong></p><p><strong>Violations of immigration laws and the conditions of any immigration status held.</strong></p><p>* Current or previous instances of fraud or false testimony in dealings with USCIS or any government agency.</p><p>* Unexecuted exclusion, deportation, or removal orders</p><p>* <strong>Business, Employment, and Skills - Positive:</strong></p><p>* Property, investment, or business ties in the United States.</p><p>* Employment history, including type, length, and stability of the employment.</p><p>* Education, specialized skills, and training obtained from an educational institution in the United States relevant to current or prospective employment and earning potential in the United States.</p><p>* <strong>Business, Employment, and Skills - </strong><strong>Negative</strong><strong>:</strong></p><p>* History of unemployment or underemployment.</p><p>* Unauthorized employment in the United States.</p><p>* Employment or income from illegal activity or sources, including, but not limited to, income gained illegally from drug sales, illegal gambling, prostitution, or alien smuggling</p><p>* <strong>Community Standing and Moral Character - Positive:</strong></p><p>* Respect for law and order, and good moral character (in the United States and abroad) demonstrated by a lack of a criminal record and evidence of good standing in the community.</p><p>* Honorable service in the U.S. armed forces or other evidence of value and service to the community.</p><p>* Compliance with tax laws.</p><p>* Current or past cooperation with law enforcement authorities.</p><p>* Demonstration of reformed or rehabilitated criminal conduct, where applicable.</p><p>* Community service beyond any imposed by the courts.</p><p>* <strong>Community Standing and Moral Character - </strong><strong>Negative</strong><strong>:</strong></p><p>* Moral depravity or criminal tendencies (in the United States and abroad) reflected by a single serious crime or an active or long criminal record, including the nature, seriousness, and recent occurrence of criminal violations.</p><p>* Lack of reformation of character or rehabilitation.</p><p>* Public safety or national security concerns.<a target="_blank" href="https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-10#footnote-43"><strong>[43]</strong></a></p><p>* Failure to meet tax obligations.</p><p>* Failure to pay child support.</p><p>* Failure to comply with any applicable civil court orders.</p><p>* <strong>Other - Positive</strong></p><p>* Absence of significant undesirable or negative factors and other indicators of good moral character in the United States and abroad.</p><p>* <strong>Other - </strong><strong>Negative</strong></p><p>* Other indicators adversely reflecting the applicant’s character and undesirability as an LPR of this country.</p><p><strong>Practical Tips:</strong></p><p>* When in the United States, act consistently with the visa issued to you.</p><p>* If you enter on a temporary visa, particularly ESTA/Visa Waiver, a B visa, an F visa, or a J visa, understand your intent for that admission is temporary.</p><p>* Regarding I-140 and I-130 preparation - plan for immigrant visa processing unless you have a <strong>truly</strong> dual intent visa (H-1B/H-4, or L-1/L-2).</p><p>* <strong>Almost</strong> dual intent (TN, H-1B1, R-1, O-1, E-1/E-2/E-3) versus <strong>truly</strong> dual intent (H-1B/H-4, or L-1/L-2).</p><p>If you are reading this before June 17, then here is a Shameless Plug to seek your vote for the Immie Award as People’s Choice Thought Leader:</p><p><a target="_blank" href="https://www.buildfellowship.com/immies-2026/nominee/robert-webber"><strong>https://www.buildfellowship.com/immies-2026/nominee/robert-webber</strong></a></p><p></p><p></p> <br/><br/>This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit <a href="https://webberimmigration.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_2">webberimmigration.substack.com/subscribe</a>
33 total episodes available
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- What is The Maze: A Podcast about US Immigration Law?
- How often does this podcast release new episodes?
This podcast updates daily.
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This podcast is available on 4 platforms including Apple Podcasts, Spotify, and more. You can also use the RSS feed directly.
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Information about guest appearances is not available.
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