The Department of State (“DOS”) published its updated fee schedule for Consular Services – Nonimmigrant and Special Visa Fees. Beginning May 30, 2023, there will be an increase in fees charged for nonimmigrant visas (“NIVs”) and border crossing cards (“BCCs”). The good news is that the fee increases are less than “originally proposed for all categories of NIVs.”
Read moreJudge Issues Preliminary Injunction Halting Proclamation Suspending Entry of H-1B, H-2B, J-1, and L-1 Workers for Plaintiffs
In early October, Judge Jeffrey S. White of the US District Court for the Northern District of California temporarily blocked further implementation of section 2 of the June 22 presidential proclamation (PP 10052) that suspended entry into the US for H-1B highly-skilled workers, H-2B nonagricultural workers, J-1 exchange visitors including interns, trainees, teachers, camp counselors, and au pairs, and L international intracompany transfers, and all their dependents. This injunction is not nationwide and only applies to plaintiffs and members of the plaintiff groups. In his opinion, Judge White criticized the June 22 presidential proclamation noting it did not address the issue it was supposed to fix, namely helping the domestic economy by providing more job opportunities for Americans. “[T]he Proclamation completely disregards both economic reality and the pre-existing statutory framework. Furthermore, without any consideration of the impact on American firms and their business planning, the Proclamation abruptly changed the scope of immigration policy in the United States.”
Read moreState Department Broadens National Interest Exceptions for H-1B, H-2B, L-1, and J-1 Applicants
The US Department of State (DOS) has issued guidance explaining additional ways for H-1B, H-2B, L-1, and J-1 visa applicants to overcome the travel restrictions detailed in President Trump’s June 22, 2020, presidential proclamation (PP 10052). This June 22 proclamation suspended the entry of foreign nationals into the US on H-1B, H-2B, L, and J visas until at least December 31, 2020, and also extended the suspension of entry to the US of most immigrant visa applicants through the end of the year. The DOS guidance, issued August 12, 2020, broadened the exceptions to the June 22 proclamation, but not everyone is pleased. Jesse Bless, American Immigration Lawyers Association’s (AILA) director of litigation, criticized the guidance in an interview in Forbes: “The guidance is an attempt to place new statutory requirements for these visas in violation of the Immigration and Nationality Act and, to the extent the law is ambiguous, without notice and comment to enact regulatory change.” He added: “Some may benefit, but it’s an unlawful attempt nonetheless.”
Read moreCan I Travel to the US? COVID-19-Related Travel Restrictions and Issues
What a strange and unpredictable year this has been! As countries start to open up their borders to international travelers, the most common question we have been getting over the last few months has been, "Can I travel to the US?" Unfortunately the very lawyerly answer is: "It depends." It depends what country you are coming from. It depends if you have a visa and in what visa category you intend to travel to the US. It depends on whether you have a Green Card. It depends on whether you have a legal permanent resident or US citizen relative. It may even depend on what exactly you intend to do in the US. Below we will try to unravel some of these issues but in many cases there are no clear answers. One caveat: the information about travel to the US is changing on an almost daily basis, therefore more than ever before, if you intend to travel to the US, it is vitally important you check with an immigration lawyer for specific advice on your individual circumstances.
Read morePRESIDENT TRUMP ISSUES PROCLAMATION SUSPENDING CERTAIN WORK VISAS INCLUDING H-1B’S FOR THOSE OUTSIDE THE US (UPDATED JULY 2, 2020)
President Trump today issued a proclamation temporarily suspending certain employment-based work visas for those outside the United States through December 31, 2020. This order, which does not affect foreign national workers already in the US in any category, could effectively bar hundreds of thousands of foreign nationals from coming to work in the US. President Trump claims his actions are necessary to protect US jobs amid the economic downturn caused by the coronavirus pandemic.
Read moreThe Aftermath of the H-1B Fiscal Year (FY) 2020 Visa lottery: Next Steps and Alternatives
US Citizenship & Immigration Services (USCIS) have announced the lottery results for this year’s H-1B cap (Fiscal Year 2020) with USCIS reporting that it received 201,011 H-1B petitions. Additionally, the agency announced last week that they completed data entry for all FY 2020 H-1B cap-subject petitions selected (including master’s cap cases), which means they will be sending receipt notices for those cases selected and returning those cases not selected.
Read moreVisa Options for Internships and Training Programs in the US
For foreign students who want to boost their resume with real-world experience, or young professionals starting out their career who want to sharpen their skills, or even seasoned professionals who want to round out their global industry knowledge, internships and training programs in the US might be excellent opportunities. When foreign nationals secure internships/training programs in the US, there are three nonimmigrant visa types in particular that may be most appropriate: the J-1, H-3, or B-1. In this post, we explain the basics of each visa type and also include a chart that breaks down in more detail their differences. As always, foreign nationals should consult with an experienced immigration attorney when deciding what the best visa option is for their particular circumstances.
Read moreWhat Can I Do Without an Immigration Lawyer?
I will be the first to tell you that immigration law is complex and changing and requires vigilance and care in preparing applications, but there is no requirement that foreign nationals, their employers, or family members use a lawyer. It is also true that under the Trump administration, foreign nationals (and even immigration practitioners) have become more cautious and even hesitant about filing petitions given the increased scrutiny of their applications by immigration officials and consular officers; nevertheless, there are certain applications that should still be straightforward enough to file without legal assistance. Cases filed by individuals without legal representation are subject to the same review and adjudication process as others filed by attorneys. We’ve previously discussed why an experienced immigration attorney can be valuable and in some cases absolutely recommended, but in this post we’ll more closely examine the types of applications and petitions that foreign nationals in most situations can prepare and file on their own.
Read moreVisa Options for Study in the US
The United States is one of the most popular places for foreign nationals to come to study. In the 2015 to 2016 academic year, over one million international students came to the US! Although numbers have dropped since President Trump was elected, and there are reports of foreign nationals reconsidering higher education in the US in light of the anti-immigrant rhetoric and atmosphere, many foreign nationals will still come to the US to study at our highly respected educational institutions. As I’ve written before, it’s not uncommon for certain foreign students to move onto work visas once they have completed their studies. In this post, however, we wanted to examine how exactly foreign nationals come to the US as students, and some general issues that foreign students face, including employment while in school and visas for their dependents. It may surprise some readers that there is not just one visa option for students. In fact, there are three different routes for students: F-1, M-1, and J-1. Each visa has its own set of rules concerning how it can be used and what benefits (and potential detriments) may follow.
Read moreVisas for Architects: 5 Common Issues
The world is full of many talented artists—including those who design our public and private spaces. Often these talented artists want to come to the US to work in the numerous architectural firms that do business in the US. So, what visas do architects typically have?
H-1B: Probably the most common visa type for architects is the H-1B specialty occupation visa. As architects will most likely have at the very least a bachelor's degree, an H-1B may be the logical first choice; however, with the numerical limits of this visa type, the H1-B may not be possible.
E-3: Since architects are generally recognized as “specialty occupations” it is likely they will also be eligible for an E-3 visa if they are Australian.
TN: Since “architect” is one of the professions allowed to apply for a TN visa, architects who are nationals of Canada or Mexico could be eligible for this visa category.
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