Foreign Nationals Visas

News & Analysis as of

2018 Green Card Lottery Registration

On October 1, 2016, the US Department of State will begin accepting requests to register for the 2018 Diversity Immigrant Visa Program (DV-2018), also known as the Green Card Lottery. The Diversity Lottery Program provides a...more

2018 Diversity Visa Lottery Program: Cuba, Ecuador, and Guatemala Eligible to Register

For the 26th year, the U.S. Department of State (DOS) has issued registration instructions for the annual Diversity Visa (DV) lottery. Registration for the 2018 lottery opens 12 noon eastern daylight time (EDT) on October 4,...more

2018 Immigrant Visa Lottery Opens in Two Weeks

The Diversity Visa (DV) Lottery Registration for 2018 opens Tuesday, October 4, 2016. Entries must be submitted electronically at: https://www.dvlottery.state.gov/ between noon on October 4, 2016 and noon on November 7, 2016,...more

Electronic Travel Authorization Becomes Mandatory

On September 29, 2016 the leniency period will end and all visa-exempt foreign nationals travelling to Canada will require an Electronic Travel Authorization (eTA). An eTA can be obtained through an online pre-screening...more

Back to Work from Travel Abroad? Check Your Form I-94!

As foreign national employees come back from summer vacations and travel abroad, one of the most overlooked immigration documents and pitfalls is Form I-94. If Form I-94 is issued for a shorter validity period than the...more

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

New Immigration Rule to Welcome Start-Up Foreign Entrepreneurs

Following up on President Obama’s proposal to acknowledge the global marketplace of ideas and leverage current immigration law to encourage entrepreneurship and economic growth, the U.S. Citizenship and Immigration Service...more

International Entrepreneurs Receive Welcome News from USCIS

The U.S. Citizenship and Immigration Service (USCIS) has announced a proposal to grant international entrepreneurs temporary admission to the United States in order to start or scale their businesses here. On Friday, August...more

DUI Arrest Could Now Lead to Visa Revocation for Employees in U.S. Even Without a Conviction

Employers should be aware that foreign nationals in the United States on nonimmigrant work visas (such as H-1B, L-1, and O-1 visas) are subject to severe consequences following an arrest for driving under the influence (DUI)...more

New Entry Requirement When Traveling to Canada

Canada has a new entry requirement that applies to visa-exempt foreign nationals flying to the country on a temporary basis. The program is called the Electronic Travel Authorization (eTA) and was implemented on March 15,...more

New Electronic Visa Update System (“EVUS”) required by U.S.A. for B-1/B-2 & B-2 Chinese Nationals after November, 2016 | Industry...

Effective November, 2016, Chinese nationals, including nationals from People’s Republic of China, Taiwan, Hong Kong and Macau will be required to use an on-line enrollment system, referred to as EVUS to update biographic...more

Overcoming Past Indiscretions — Getting Into Canada

As many of you probably have in these past few weeks, I’ve been enjoying the NBA playoffs. Perhaps not as many of you have been wondering what I have been contemplating: how is it that NBA players with criminal pasts are...more

Emergency H-2B Processing Available For Another Month

The Department of Labor (DOL) has announced that it will continue to accept emergency requests until midnight on April 29, 2016, for H-2B applications filed on or between April 2 and April 29, 2016. This extension is due to...more

USCIS Guidance on “Same or Similar” Occupations

USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more

Immigration Implications of ‘Brexit’

A “leave” vote on 23 June 2016 could have significant impact on employee and individual mobility, immigration, and UK citizenship status. Considering the charged political atmosphere around immigration issues and EU free...more

New Law Impacts Certain Foreign Nationals Traveling To The United States As Visitors Under The Visa Waiver Program

In January 2016, the United States implemented changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). Previously, certain foreign nationals could travel to the United States...more

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

EB-5 Legislative Update

While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for...more

2017 Diversity Visa Lottery Begins on October 1, 2015, and Ends on November 3, 2015

The Department of State (“DOS”) just released its instructions for the DV-2017 Diversity Visa (“DV-2017”) lottery. The registration period begins on Thursday, October 1, 2015, at 12:00 p.m. EDT (GMT-4) and concludes on...more

2017 Diversity Immigrant Visa Lottery Program Announced

The U.S. Department of State has announced the opening of the registration period for the DV-2017 Diversity Visa (DV) Lottery Program. The DV Lottery Program enables foreign nationals to apply for permanent residence in the...more

USCIS Suspends Final Adjudication of Employment-Based Adjustment Applications Until October 1

Starting today, September 24, 2015, USCIS will suspend final adjudication of employment-based adjustment of status applications filed on Form I-485, because the Department of State reports that the statutory cap has been...more

A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more

The State Department’s Revised Visa Bulletin Opens Temporary Window for Those Applying for Green Cards

Action Item: The U.S. Department of State (“DOS”), in coordination with U.S. Citizenship and Immigration Services (“USCIS”), has announced that it has revised “the procedures for determining visa availability for applicants...more

White House Report Offers Roadmap for Modernizing & Streamlining the U.S. Immigration System

On July 15, 2015, in an action that sought to confront a number of the U.S. legal immigration system’s lingering problems, the White House issued a report entitled “Modernizing & Streamlining Our Legal Immigration System for...more

Department of State and Department of Homeland Security Announce a Major Change to the Visa Bulletin

On September 9, 2015, the Department of State and Department of Homeland Security, acting through United States Citizenship and Immigration Services, announced that they were significantly revising Visa Bulletin procedures....more

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