The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status. DHS is also streamlining procedures, responding to public comments, and providing guidance on the statutory requirements for T nonimmigrants in order to ensure that the T nonimmigrant status (T visa) regulations are up to date and reflect USCIS’ adjudicative experience.
The travel bans necessitated by the COVID pandemic have created much flux and uncertainty. Synthesizing the information now finally available from various US government sources, it is clearer now that many intending travelers can seek and obtain an exemption from the ban under a series of provisions for a National Interest Exception (NIE).
You should be able to apply for an NIE to overcome the ban on travel to the USA if you meet any one or more of the following categories:
If you attend an SEVP certified school that has been automatically withdrawn from SEVIS certification as a result of SEVP’s ongoing recertification process please:
This report contains information on the Victims of Trafficking (T visa) applications and the Victims of Crime (U visa) petitions. The number of receipts, approvals, denials, and pending cases are displayed by fiscal year and by office.
USCIS seeks your input on the draft memoranda listed below. These memoranda are drafts of proposed or revised guidance to USCIS Field Offices and Service Centers. They are not intended as guidance for the general public, nor are they intended to create binding legal requirements on the public. Until issued in final form, the draft memoranda do not constitute agency policy in any way or for any purpose.
USCIS policy memo providing guidance about the extension of status for T and U nonimmigrant visas , including any related adjustment of status applications.
We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.
We are usually called upon by I visa holders for consultations. Click here to consult us.
We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.
Release Date
U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.
U.S. Citizenship and Immigration Services (USCIS) announced that it has revised Form I-914, Application for T Nonimmigrant Status (edition date 3/30/09). Previous editions of Form I-914 will be accepted for 30 days. The final date USCIS will accept previous editions of Form I-914 is June 6, 2009.
USCIS, responds to the CIS Ombudsman's Recommendation 39: "Improving the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas."
USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD).
WASHINGTON – The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish the procedures and responsibilities in the Federal Register as a Temporary Final Rule.
On March 23, 2018, the Student and
ICE updated its list of Student and Exchange Visitor Program approved schools.
Can You Do Business In the USA on Your Current Visa?
Hello, everyone. This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com.
You can post comments and questions on immigration.com. I usually respond within three or four days, sometimes a week. I’m going to answer one of the questions someone asked us on immigration.com.
Can I start a business on an H-1 visa?
The bottom line is yes, as long as you are in a situation where, even though you are working for your own company, somebody in the company can file. It must be a true employer/employee relationship. How does that work? What if you have a board of directors or if you have a CEO to whom you report, even though you are a stockholder or maybe even you even have majority of stock in the company, but somebody in the company can file, you’re okay. USCIS has indicated that is their present stance. You must have an employer/employee relationship if you want to be able to start your own business on H-1.
In addition to that, remember H-1 is for a specific employer. So if you want to have a concurrent employment with your own company or you want to change companies and go over full time to your own company, you can do that, but you have to process a H-1, either a concurrent H-1 or a successive H-1. One of the things you need to remember is, if you own majority stock in the company, or if you have influence over the management of the company, it will be very difficult if not impossible for you to do a Green Card through PERM through your own company.
Where does that leave us? There’s a whole history behind this H-1. I won’t go through the history. USCIS has gone up and down. “You can do it.” “You cannot do it.” There is a whole history behind this. But the bottom line today is, you can do it, but it definitely requires some in-depth consulting with a lawyer. Make sure you are not getting into a situation which is going to hurt your stance.
Here is another question I get asked.
I have an EAD through 485. Can I now start my business?
Sure. On the side, you can, as long as you don’t leave your current job. But, remember, you will then no longer be on H-1. You will be on EAD if you start working for your own company.
I actually have a whole list of visas.
Can I do business on E-2?
Yes, of course. E-2 visas, which are treaty investor visas, are meant to do business. E-1, treaty trader, the same thing. But only a few countries in the world have a treaty with the United States to do E-1/E-2 visas, so you have to make sure that the country you come from has that.
If I’m here on a tourist visa or a B-1, which is called a business visa, can I do business?
The answer is, you can negotiate contracts, you can shake hands, and you can even set up a company, but, if you actively participate in business, you are violating the terms of B visa. B-1, which is the business visa, is a misnomer. You start thinking, I have business visa; maybe I can start a business. But you can’t do it on B-1.
Can I start a business on F-1 visa?
Of course not. You are a student.
What if I am on my optional practical training and I have my F-1 EAD?
Maybe, but only for the time you have the EAD. Again, that is something to be explored. Don’t just jump into it. Make sure you understand the ramifications of what you’re doing.
What about on a G visa?
On G-4, of course, the primary applicant of G-4 is engaged in working for a multinational organization such as the World Bank or the IMF. They cannot do business, but what about their dependents? I haven’t looked into it specifically. I suspect that they can, because they do get an EAD and that EAD is not confined to a specific purpose, but I would have to check on that. I’m just speaking off the top of my head. I was primarily answering the H-1 question, but I want to share with you what I know. So, G-4, probably yes.
H-4? Absolutely not.
H-1? As long as you can be fired.
I visa? No.
J-2 visa? Yes, as long as you have an EAD.
K visa? K visas are all work authorized, so, yes, you can do business.
L-1? No, because you’re working for a company.
L-2? Yes, because you get an EAD.
M Visa? No.
I went through the whole gamut, just to give you a rough idea; more so, to sensitize you to who can and who cannot do business.
Thank you for listening.
SEVIS by the Numbers is a statistical summary report produced using data compiled from SEVIS. This report provides a snap-shot of relevant and useful information and is used as a resource by a variety of SEVP stakeholders and partner agencies.