News & Analysis as of

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

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

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

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

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

How to Amend Information Submitted with the DS-160

The DS-160 is an online U.S. Department of State form, which is used by foreign nationals to apply for non-immigrant visas. It is not possible to amend a DS-160 after it has been submitted. However, there are two easy...more

Frequently Asked Immigration Questions and Answers

1. If I get a Work based Visa, Can I Work for Another Company or Work on Something Else? Generally a non-immigrant (temporary) work based Visa only allows you to work in the profession and on the tasks that the Visa...more

DHS Proposes To Extend Work Authorization To H-4 Spouses Of H-1B Workers

The U.S. Department of Homeland Security ("DHS") has proposed to amend its regulations by extending the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants. ...more

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