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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
USCIS Exempts Biometric Services Fee for all Form I-539 Applicants
U.S. Citizenship and Immigration Services (USCIS) announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status.
New E Visa Processing For Mission ITALY
Effective December 1, 2011, all E visas applications will be processed in Rome. Therefore, all new E visa applications submitted after December 1, 2011 should be sent to the E Visa Section in Rome following the directions on the web. (http://italy.usembassy.gov./visa/vis/vis-6-en.html) All cases will be processed in the order received. All pending cases sent to Milan prior to December 1, 2011, will be processed to conclusion in Milan, in the order they were received.
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.
Can You Do Business in USA on your current Visa?
Immigration Law
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.
DOS Issues Press Release On Changes to E-1 and E-2 Visas In Mexico
Mexico, D.F., June 20, 2012 - U.S. consular operations in Mexico rank number four worldwide in issuance of Investor and Treaty Trader visas. This is a critical program to stimulate foreign direct investment in the United States. To more efficiently process visas for investors and traders, the U.S. Mission in Mexico announces two changes in the procedures for applying for and renewing Treaty Trader (E-1) and Treaty Investor (E-2) visas.
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.
Guestbook Entry for Kanu, United States
B-2 extension/F-1 Change of Status: Can I stay in the U.S.?
My H-1B to B2 status change (I-539) was approved, and the I-94 expiry date on my B2 approval notice is 21 April 2025.
Now, if I apply for a B2 extension or F-1 change of status, then can I stay in the USA after 21-Apr-2025 while my decision is pending?
Yes, you can generally stay in the US while your B-2 extension or F-1 change of status application is pending, provided you file it before your current status expires. This applies to most applications filed while still in status (e.g., H-1, B-1, B-2, L-1, E-1, E-2). If your I-94 expires on April 21st and you apply for a B-2 extension or F-1 change of status before that date, you can stay in the US while your application is pending because you filed it timely.
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.
USCIS Approves 10,000 U Visas for Fourth Straight Fiscal Year
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum 10,000 petitions for U nonimmigrant status (U visas) for fiscal year 2013. This marks the fourth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.
Each year, 10,000 U visas are available for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U-visa petition requires certification of assistance from law enforcement.