Non-Immigrant Visas

News & Analysis as of

U.S. Consulates in Canada Temporarily Suspend TCN Visa Processing Over the Summer

U.S. visa processing posts in Canada are urging third-country national (TCN) applicants to seek appointments at other U.S. Embassies and Consulates, such as those located in the applicants’ home countries. A TCN is an...more

U.S. Consular Posts in Canada Temporarily Suspend Nonimmigrant Visa Processing for TCNs

Third Country Nationals may be unable to schedule nonimmigrant visa appointments at U.S. consulates and embassies throughout Canada this summer. U.S. consular posts in Canada have temporarily suspended nonimmigrant...more

Nonimmigrant Business Visa Chart

The chart linked here provides some introductory information regarding the different visa categories compiled by Williams Mullen’s Immigration Practice Group. Please see full chart below for more information....more

Non-Immigrant Visa (NIV) Arrival/Departure 5 Year Travel History Now Available Online

Customs and Border Protection (CBP) launched a new webpage on May 1, 2014, that offers nonimmigrants entering the U.S. access to their I-94 arrival/departure record and their arrival/departure history....more

BIA Holds Pending Extension of Non-Immigrant Status, Maintains Lawful Status

The Board of Immigration Appeals (BIA) issued a decision in Matter of Norra finding that applicants for adjustment of status maintained lawful status while their applications for extension of the non-immigrant visa were...more

Immigration Alert: January 2014

I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 - As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...more

Non-Immigrant Visa Interview Waiver Program Now Permanent

In January 2012, the U.S. Department of State (DOS) introduced a pilot program waiving visa interviews for certain types of visa applicants. The DOS has announced that the visa interview waiver program is now permanent. ...more

How Do You Prove Where the Money Comes From? The Source of Funds Requirement Explained for E-2 & EB-5 Visas

Entrepreneurs and Business Owners who wish to start a new business have two options. First, an E-2 visa is a non-immigrant (not a green card) visa that is available for entrepreneurs, investors and business owners who wish to...more

2014 H-1B Visa Deadline and Quota Estimations

The H-1B non-immigrant visa is available to foreign workers who are employed by U.S. companies in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or...more

Giving Whistles to Guest Workers to Stop Workplace Abuse

Every year, tens of thousands of temporary H-2B workers travel to the United States with dreams of profitable employment that could lead to permanent residency. H-2B employees are temporary, foreign nonagricultural workers....more

Duration of Non-Immigrant Visas for Cuban Travelers Extended

The term for non-immigrant visas for Cuban travelers has been extended from six months to five years. The extension came this summer after officials from the U.S. and Cuba resumed stalled migration discussions. The change...more

Ohio Drywall Firm Pays Over $268K for FLSA, H-2B Violations

The U.S. Department of Labor’s Wage and Hour Division investigated Gem Interiors Inc. and found violations of the Fair Labor Standards Act (FLSA) and the H-2B temporary nonimmigrant visa program. The company agreed to pay...more

Comprehensive Immigration Reform

As a senior partner of a New York City immigration law firm I was pleased to see the U.S. Senate pass the Comprehensive Immigration Reform Bill (S. 744) on June 26, 2013. It is the first bill in a generation aimed at...more

U.S. Secretary of State Issues Press Release Confirming Same-Sex Spouses Can Apply For Non-immigrant Visas, Effective Immediately

On August 2, 2013, U.S. Secretary of State John Kerry issued a formal statement confirming that, effective immediately, when same-sex spouses apply for a non-immigrant dependent visa, the U.S. Department of State (DOS) will...more

Farewell to the I-94 Card - What It Means for the Form I-9 Process for Foreign Workers

Earlier this year, U.S. Customs and Border Protection (CBP) started phasing out the I-94 cards issued to nonimmigrant visitors and implementing a new on-line procedure....more

What Are The Immigration Consequences of the Fall of DOMA?

One of the key policy drivers behind Immigration law is family unification and several aspects of the law provide for preferential immigration treatment for spouses. ...more

Senate Approves Bill Overhauling Immigration Law

Last week the Senate passed its closely watched immigration reform bill, known as the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, by a vote of 68-32. ...more

Revocation of Non-Immigrant U.S. Visa

Imagine you are the holder of a non-immigrant US visa. Then, you receive a notice from the US Consulate that your visa has been revoked and that you must visit the US Consulate so that your visa can be physically cancelled....more

How To Qualify For Consulate Visa Reissuance Without An Interview

For nonimmigrant visas (for travel to the U.S. as a temporary visitor), certain applicants are now eligible to apply for a new visa without having to attend an interview with a U.S. consular officer....more

Temporary Non-Immigrant Visas: Beyond The Basics

Foreign nationals must meet the regulatory requirements for admission into the U.S. in nonimmigrant status. The purpose of this paper is to provide the Top 10 things to consider with respect to the most common nonimmigrant...more

H-1B Season & Cap are Fast Approaching – Are You Ready? Top 10 Questions and Answers About H-1B Visas

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a Bachelor’s degree, and the Petitioner (the...more

Workplace Policy Institute: Immigration Reform in 2013 - What U.S. Employers Can Expect

For the past decade, lawmakers have discussed immigration reform, but changes to U.S. immigration laws have been minimal. During the 2012 election campaign President Obama pledged to place immigration reform at the top of his...more

Using a Third Party Financial Sponsor in Non-Immigrant Visa Cases

Many categories of individuals who wish to enter the U.S. as immigrants or non-immigrants need to prove that they will not become “public charge” or, in other words, a financial burden to the U.S. government. ...more

Immigration Reform Update: What Do The Senate and Presidential Proposals Mean?

Now that the fiscal cliff has been dealt with, Immigration reform appears to be the next big item on the agenda for the President and Congress. Just this week both the Senate and the President unveiled a framework for...more

USCIS Issues RFE Templates for Certain Non-Immigrant Extraordinary Ability Categories

United States Citizenship and Immigration Service (USCIS) Requests for Evidence (RFE) can be a source of significant frustration for immigration practitioners and their clients. They sometimes reflect that a) the officer did...more

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