Foreign Nationals Visas

News & Analysis as of

The Latest from Canada, Cuba, and the United Kingdom - Updates to Previous Announcements

In various bulletins earlier in the year, we let you know about some significant changes that were coming in Canada, Cuba, and the United Kingdom, and we promised to keep you updated as the situations continued to develop....more

Holiday Travel Tips for Foreign Nationals

As the holiday season is approaching, foreign national employees with international travel plans should ensure that they have all necessary immigration documents for reentry to the United States. As this may require attending...more

Now Required: Canada – Electronic Travel Authorization (eTA) for US Citizens and Citizens of Visa Waiver Countries

Effective November 9, 2016, all visa-exempt foreign nationals (including U.S. citizens) who fly to or transit through Canada will now be required to secure an Electronic Travel Authorization (eTA) before boarding a flight to...more

New Canadian Entry Requirement: Leniency Period Extended to November 9, 2016

Seyfarth Synopsis: The Electronic Travel Authorization (the “eTA”), Canada’s new entry requirement for visa exempt nationals entering Canada by air, was announced in March 2016. The eTA effective date has been extended to...more

An Update to our Latest Article on Electronic Travel Authorization Becomes Mandatory

Only days before the electronic Travel Authorization (eTA) requirement was to become mandatory for all visa-exempt foreign nationals* the Government of Canada announced its decision to extend the leniency period to November...more

Labor & Employment E-Note - September 2016

The Department of Homeland Security ("DHS") recently announced a proposal that would allow foreign entrepreneurs to enter the United States to operate high-growth, job-creating startup enterprises. As with other business...more

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

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