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Changes to Direct Filing Addresses for Certain H-1B Form I-129 Petitions
On Sept. 1, we will change the direct filing addresses for certain petitioners filing Form I-129, Petition for a Nonimmigrant Worker. The changes apply to the following cap-exempt H-1B petitions:
Successful J-1 waiver
New
Nonimmigrant Visas
State Dept. Notice Regarding Implementation of Changes to the Visa Waiver Program
For Immediate Release
DHS Press Office
Contact: 202-282-8010
Recording of Free Community Conference Call (Every Other Thursday), 11 February 2016
Immigration Law
Green Card
Discussion Topics, Thursday, 11 February 2016:
FAQ: Traveling on EAD, Advance Parole, H-4; Does changing jobs require restarting green card; Returning to H-1 after I-485 EAD; Birth certificates and affidavits of birth, non-availability certificate, secondary evidence; E-3 visa change of employers and filing green card; Options after 6 years of H-1 are completed; Extending B-2 visa and status for dependent parent; Effect of change in project on EB-1C (International Managers/Executives) green card.
Other: H-4 for autistic son over 21; H-1 amendment location has changed; Using B-1 B-2 visa after Advance Parole expire, I-485 is abandoned; H-1 reuse and quota; I-140 priority date transfer and returning to old employer; H-1 quota if no visa was stamped; I-485 RFE; Correcting errors on Form I-130; Starting green card with new employer, porting (transfer of) priority date; AC21 changing jobs while RFE is pending; Denial of Form I-751, conditional permanent residence (green card); Resetting the clock on H-1B and L-1B; H-4 EAD issues; Applying for change of status from H-3 to F-1.
March 03, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Discussion Topics, Thursday, March 03, 2022:
FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?
The Economic Times NRI Helpdesk: Can I extend my US visitor visa before it expires? And other FAQ's answered by Rajiv S. Khanna
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.
Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.
DOL Updates FAQ on Prevailing Wages for H-1B, H-1B1, and E-3 Programs
The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs.
For the new FAQs click here.
Recording of Free Community Conference Call (Every Other Thursday), 29 October 2015
Immigration.com
Citizenship and Naturalization
Green Card
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
H-3 Visa Services and Fees
The fee schedule for H-3 classification (fees are payable by personal or corporate checks) is as follows:
| 1. | Legal fees(for our Office): $2,200 |
Nonimmigrant Visas
Visa Waiver Program and ESTA (Electronic System for Travel Authorization)
The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so.
WRD (Waiver Review Division) and Waiver Application Issues
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e).
USCIS Clarifies Policy on Location of H-3 Training
Release Date
05/08/2024
USCIS has issued policy guidance in the USCIS Policy Manual clarifying when H-3 nonimmigrants may participate in training provided on the property of an academic or vocational institution.
DOS Issues Cable With Guidance On B-1 In Lieu Of H1-B And H3 Visas
The guidance for issuing B-1 visas in lieu of H is currently under review bur remains in effect until further notice. In order to avoid delays at the port of entry, consular officers are to annotate the B-1 visa with “B in lieu of H, 9 FAM 41.31 N11.”
DOS Announces Assistant Sec. Of State for Consular Affairs Has Authority To Waive a Visa Interviews
[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Notices]
[Pages 52379-52380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21326]
DEPARTMENT OF STATE
[Delegation of Authority No. 344]
Delegation by the Secretary of State to the Assistant Secretary
of State for Consular Affairs the Authority to Determine That it is
Necessary To Waive a Visa Interview as a Result of Unusual or Emergent
Circumstances
Revised I-129F, Petition for Alien Fiancé(e)
The current edition is dated 06/13/13. (USCIS will accept editions dated 06/22/12, 11/23/10, 06/14/10, and 02/19/10 until September 16, 2013. After September 16, 2013, USCIS will only accept the 06/13/13 edition.) Purpose of Form :To petition to bring your fiancé(e) (K-1) and that person's children to the U.S.
Green Card for Physicians
Physicians seeking a permanent employment opportunity in the United States and employers seeking to sponsor a physician for lawful permanent residency based on permanent employment in the United States must go through a multi-step process.
Foreign nationals and employers must determine whether the foreign national is eligible for lawful permanent residency under one of several, acceptable paths to lawful permanent residency.
For more information please click the link below
Applying for Green Card while on Visitors Visa/ESTA, Fraud
Citizenship and Naturalization
Immigration Law
Green Card
Adjustment of Status, Form I-130, Form I-485, ESTA, Fraud/Misrepresentation, Waiver
We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.
Nonimmigrant Visas
Profession/Occupation
Green Card
Immigration Law
USCIS Policy Alert - Nonimmigrant Trainees (H-3)
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on the trainees (H-3) nonimmigrant visa category.