The United States Department of State (“DOS”) has temporarily expanded the ability of consular officers to waive in-person interviews for individuals applying for non-immigrant visas in the same visa classification. Previously, only those applicants whose non-immigrant visas had expired within the previous 12 months were eligible for an interview waiver.
DOS Provides Update on Public Charge Inadmissibility Following Temporary Injunction Following a nationwide injunction issued by a federal judge temporarily blocking Public Charge inadmissibility from being enforced due to the COVID-19 pandemic, the United States Department of State (“DOS”) will be updating its guidance to consular officers on how to
The United States Citizenship and Immigration Services (“USCIS”) has posted for public inspection an advanced copy of a final rule that will significantly alter many fees the USCIS charges for services, including adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain
On July 14, 2020 President Trump signed the Hong Kong Autonomy Act of 2020 and at the same time signed The President’s Executive Order on Hong Kong Normalization. The intent of this Executive Order (“EO”) is to suspend or eliminate different and preferential treatment for Hong Kong, including the treatment
The Trump Administration is rescinding its policy which would require foreign students to depart the United States if they are only taking classes online. The policy reversal came because of heavy criticism from both Republicans and Democrats who argued that the new rule would be disruptive to students and undermine
President Donald Trump today amended a previously signed executive order (EO) to expand the current immigration ban to include certain nonimmigrant visa applicants. The updated EO, formally titled “Proclamation Suspending the Entry of Immigrants Who Pose Risks to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,”
United States Citizenship and Immigration Services (“USCIS”) is scheduled to resume non-emergency in-person services on June 4th. On March 18, USCIS suspended routine in-person services at its field offices, asylum offices, and application support centers in response to the COVID-19 pandemic. As USCIS services recommence, offices will reduce the number
The United States Mission to Vietnam which includes the U.S. Embassy in Hanoi and the Consulate General Ho Chi Minh City has announced the resumption of limited American Citizen Services (“ACS”) beginning on June 1st. Interested U.S. citizens who are seeking ACS assistance including Consular Reports of Birth Abroad, U.S.
Individuals in the United States admitted under the Visa Waiver Program (“VWP”) are not allowed to file for an extension of status; moreover, the maximum period of admission is three months. However, those admitted under the VWP who are unable to depart before their approved period of admission because of
The United States Citizenship and Immigration Services (“USCIS”) has announced that in-person services at its offices will reopen as early as June 4th in compliance with local and state orders. In-person services at USCIS include field offices, asylum offices, and application support centers. During this extended closure period, USCIS will
In light of the Philippines government decision to impose a city-wide lockdown around Metro Manila to contain the Coronavirus, the U.S. Embassy has announced that all immigrant and non-immigrant visa interviews have been cancelled as of March 16, 2020. Visa interviews will resume as soon as possible. More information can
The new public charge rule requires immigrant and non-immigrant visa applicants to provide a detailed DS-5540 public charge questionnaire in order to determine whether they are likely to become a public charge at any time in the future. While a K-1 visa is officially a non-immigrant visa allowing for single
On February 24, 2020, the U.S. Citizenship and Immigration Services will implement the agency’s new rules for inadmissibility on public charge grounds. The final rule outlines some of the criteria on how the Department of Homeland Security (“DHS”) will determine whether a foreign national is inadmissible to adjust status from
The U.S. Department of State (“DOS”) which oversees the visa adjudication process at U.S. Embassies and Consulates has not released any formal statement indicating that the 2019 Novel Coronavirus has resulted in the suspension of consular operations. A recent social media posting purported to be an official statement from the
The United States Department of State (“DOS”) is scheduled to release new guidelines giving consular officers further discretion to determine whether women who are applying for a B-1/ B-2 visitor visa primary purpose is to give birth in the United States. It is unclear how consular officers at U.S. Embassies
United States Citizenship and Immigration Services (“USCIS”) is scheduled to increase its filing and processing fees for business visas in 2020. Below are examples of the proposed increased fees by visa category: L-1 and H-1B Visas: L-1 visa petitions (for temporary workers, non-immigrant) are scheduled to increase by 77 percent
A nonimmigrant visa is for persons wanting to enter the U.S. for a temporary visit for a specific purpose and who will leave the U.S. when the purpose of their visit is finished. In most nonimmigrant visa categories, this is called establishing “nonimmigrant intent”. The most common nonimmigrant visas are
U.S. B-1/ B-2 visa validity is dependent on what kind of passport a person is holding. Currently, there are 38 countries whose citizens may enter the United States visa free. All other nationalities are required to obtain a visa at a U.S. Embassy or Consulate abroad. Citizens of some countries
Citizens of 38 countries who are eligible to travel to the United States for up to 90 days under the Visa Waiver Program (VWP) are now required to obtain a visa at a US Embassy or Consulate abroad if they have visited the Democratic People’s Republic of Korea (DPRK or
Enterline and Partners Consulting Partner Ryan Barshop recently presented at the American Immigration Lawyers Association (“AILA”) Annual Conference. The conference, which was held in Orlando, Florida from June 19th through June 22nd drew approximately 3500 attendees from all over the world. Mr. Barshop was joined by past AILA President, Dale
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