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U Nonimmigrant Interim Relief Recipients Reminded to Apply for U Visa
U.S. Citizenship and Immigration Services (USCIS) announced the intent to end U nonimmigrant interim relief program. The U nonimmigrant interim relief program was created to allow certain crime victims to receive temporary benefits until the regulations governing U visas were published.
E-3 Visas for Australian Citizens
We were retained by a corporate client to process several E-3 petitions for nationals of Australia. All of the visas were issued at the Australian consulates without any problem. One applicant has already entered the U.S is currently working on E-3 status. We have also submitted a petition for an E-3 amendment with USCIS, which was also approved without any issues.
Nonimmigrant Visas
Profession/Occupation
DOL Publishes FAQs On H-1B, H-1B1 And E-3 Programs
The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.
DOL Delegates U Visa Matters To Wage And Hour Division
Secretary of Labor delegated the authority to issue U nonimmigrant status certifications to the Administrator of the Wage and Hour Division.
Options for Nonimmigrant Workers Following Termination of Employment
Release Date
12/19/2022
U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.
ICE Publishes Memo On Adjudicating Stay Requests Filed By U-Visa Nonimmigrant Status Applicants
ICE Memorandum provides guidance to ICE, DRO and Field Office Directors about the factors to consider when adjudicating requests for a Stay of a Final Administrative Order of Removal filed by an alien with a pending petition for U Nonimmigrant status.
USCIS Draft Memorandum for Comment
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 Memo Authorizes VSC to Approve an Application to Extend/Change of U Nonimmigrant Status for Derivative Family Member
This Policy Memorandum (PM) authorizes the Vermont Service Center (VSC) to approve an Application to Extend/Change Nonimmigrant Status (Form 1-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is less than four years.
USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances
Release Date
06/14/2023
U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).
For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements:
Update to Filing Location for U Nonimmigrant-Based Form I-485
U nonimmigrants applying to become lawful permanent residents must now file Form I-485, Application to Register Permanent Residence or Adjust Status, only at the Nebraska Service Center and not at the Vermont Service Center.
USCIS Nebraska Service Center
U.S. Postal Service (USPS):
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526
FedEx, UPS, and DHL deliveries:
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526
DHS U Visa Law Enforcement Certification Resource Guide
Posted by Louis F. Quijas, Assistant Secretary for the Office for State and Local Law Enforcement and January Contreras, Citizenship and Immigration Services Ombudsman
CIS Ombudsman Releases Recap Of U Visa Teleconference
On June 20, 2011, the Citizenship and Immigration Services Ombudsman's Office (Ombudsman's Office) hosted a public teleconference regarding U nonimmigrant visas and interviewed U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of State (DOS) officials.
USCIS Announces Exhaustion Of U Visa Quota For FY2011
Released Sept. 19, 2011
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS), marking a significant milestone in its efforts to provide relief to victims of crimes, has for the second straight year approved 10,000 petitions for U nonimmigrant status, also referred to as the U-visa.
On an annual basis, 10,000 U-visas are set aside for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute crime.
DOL Issues New FAQ on H-1B, H-1B1 and E-3 Programs
The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.
To view FAQ please check the attachment.
New H-1B, H-1B1, E-3 Notices from DOL
H-1B, H-1B1, E-3 Helpful Resources:
The Department has posted a contact list for the H-1B, H-1B1 and E-3 Programs to assist employers with their applications. To view or download a PDF copy of the Helpful Resources for the H-1B, H-1B1 and E-3 Programs, please click the attachment below.
Visa denial based upon immigrant intent, Section 214(b) of Immigration and Nationality Act
Nonimmigrant Visas
Immigration Law
Substantial transcription:
7th July 2012 at 05:16 PM
9.59 Minutes
What do we do when our visa gets denied under section 214(b) of the Immigration and Nationality Act? Basically, this means that if the consulate doesn’t believe you are going to come back, they deny the visa, saying that you have an immigrant intent which you have not been able to rebut. So the idea is whenever somebody goes for a visa stamping, they actually are presumed to have immigrant intent unless they prove otherwise. Of all the visas A, B, C, D, E, F, G, H all the way to V, some visas are immune to this problem.
What are the visas that are immune?
H-1 as well as H-4, L-1 as well as L-2, and O-1 and O-1 derivative visas are immune by law almost. H and L are clearly immune by law and O by implication. With these visas, if you have a green card going, the consulate is not going to deny your visa for that reason.
On the other hand, there are notorious visas that are very susceptible to this problem:
B-1, B-2, F-1 as well as F-2 (which are for students), and J-1 as well as J-2 are susceptible. A lot of physicians on J-1’s have had a visa denial on 214(b).
TN visa holders strictly not going for visa stamping but can be stopped at the border if their green card has been filed. So bear in mind that when TN holders apply for a green card, they should be careful about this particular factor.
The biggest problem with 214(b) is it is extremely difficult to fight it. I have recently taken a case in which an F visa was denied on 214(b), and I think we have a fighting chance because the visa applicant has come to the U.S. many times and she has left within her time permitted. So she’s been a frequent traveler on a B visa. Her F visa denial is extremely unjustified, in my opinion.
Let me just very quickly go through the visa alphabets.
A visa (diplomats) will have no problem. They have no issues of a green card being denied.
B visa will have a problem.
C, D, and E visas will usually not have a problem.
The only thing you have to establish for E-3, especially for Australians (E-3 is kind of equivalent of H-1), is that you do have an intention to come back but not to the same degree. In other words, if you have a home in Australia, the degree of proof is not very high so it is very easy to meet that degree of proof.
G visa is ok.
H visa is ok.
By the way, H-2B visas can have a major problem with immigrant intent. These are people who are coming to U.S. for to perform skilled labor.
I, which is international journalists/media representatives, may or may not be ok.
J visa will definitely be a problem.
K -1 and K-3 are no problem because they are fiancés or spouses of U.S. citizens and are obviously meant to go into green card.
L visa is no problem.
M, which is folks who are doing vocational training, can have this problem.
P visa (performers, athletes, etc.) can have a problem but usually won’t.
Q visa (exchange visitors) can have a problem.
R visa usually won’t.
S, T, and U visas won’t usually have a problem because they are done within the USA and are usually either victims of crime or people who are assisting in criminal investigations.
So what do you do if you get a 214(b) denial?
Normally there isn’t much we can do but, if you have been to USA before or else there is something unique in your case, we can ask the consulate to reconsider and if they are not willing and able, then we can ask the visa office in Washington, D.C. to intervene. You can also contact your family or employer in the U.S. to contact the local Congressmen to seek their intervention. This typically is not helpful but you can try. If anybody from the bar or a lawyer tells you he or she can fix it, be mindful because they may not be able to. Especially be careful when you talk with lawyers in your own country. This makes me very nervous because we have had some cases where local lawyers in other countries did some strange stuff. They had some hook ups with consulates and ultimately got caught.
The biggest problem is with fraud or misrepresentation. If you make a misrepresentation in attempting to get any immigration benefit, you can be barred from entering USA forever.
Going back to 214(b) denials, you can ask the consulate to reconsider. Reapply if you have a case that begs for a special consideration, like you’ve been to the U.S. many times. For example, one of my friends asked me that, if his girlfriend is refused a B visa, is it okay to bring the lady in on a K-1 (fiancé visa)? My take is do not use the fiancé visa in lieu of B-1 or B-2 visa, because if you do not have the intention to get married, the government can consider it to be fraud. So make sure you want to get married within 90 days after they enter the U.S.
One more point -- there is a legal fiction created in U.S. immigration law about ties to your home country that says you can overcome 214(b) denial if you have ties to your home country. That in my mind is a legal fiction. To demonstrate ties is very difficult. Of course, if you have family in your home country, that’s a good example of ties but to say you have property, but property can be sold, so I don’t think that’s really ties. Having business is also not really a tie as a business can be sold. Hence demonstrating ties to your home country is usually a difficult thing to do.
This issue has come up several times recently. Feel free to ask me specific questions on the website, in a forum, or on a community conference call.
USCIS Approves 10,000 U Visas in Fiscal Year 2012
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) marked a significant milestone in its efforts to provide relief to victims of crimes by approving the statutory maximum 10,000 petitions for U nonimmigrant status, also referred to as the U-visa. This is the third straight year USCIS has reached the statutory maximum since it began issuing U-visas in 2008.
USCIS Publishes Memo On T And U Visa Extensions
USCIS policy memo providing guidance about the extension of status for T and U nonimmigrant visas , including any related adjustment of status applications.
USCIS Data on Victims of Trafficking I-914 (T) in Person and Victims of Crime I-918 (U)
I-914 (T) and I-918 (U) Visa Statistics
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 Issues Statistics On T and U visas for Fiscal Years 2002-2012
USCIS performance data containing 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 office for FY2002 to FY2012.
Please check the attachment to view T and U visa statistics.
USCIS Issues Memo On Age-out Protection For Derivative U Nonimmigrant Status Holders
This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out.
Please check the attachment to read memo.
USCIS Uncovers U Visa Fraud Scheme by Corrupt Law Enforcement, Leading to Federal Indictments
Release Date
07/17/2025
LAFAYETTE, La. — Five Louisiana men, including four active and former law enforcement officers, were indicted Wednesday on charges of bribery, conspiracy to commit visa fraud, and mail fraud, following a federal investigation initiated by U.S. Citizenship and Immigration Services. USCIS fraud detection officers uncovered a pattern of inconsistencies among U visa applications, spurring a multi-agency federal investigation.
DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants
Release Date: May 6, 2014
For Immediate Release
DHS Press Office
Contact: 202-282-8010
WASHINGTON — As part of the Administration’s continuing commitment to attract and retain highly skilled immigrants, the Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups of highly-skilled workers by removing obstacles to their remaining in the United States.