Today U.S. President Donald Trump signed his threatened Executive Order (‘EO”) as the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the Covid-19 Outbreak.” The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the
The U.S. Department of State (“DOS”) has reiterated its earlier announcement that despite the worldwide suspension of routine visa appointments, U.S. embassies and consulates will continue to provide emergency and critical visa services. Healthcare professionals with an approved non-immigrant or immigrant petition such as an I-129 Petition for Nonimmigrant Workers
U.S. Citizenship and Immigration Services (“USCIS”) will extend in-person services suspension at Field Offices, Asylum Offices and Application Support Centers (“ACS”) through May 3 unless otherwise announced. While the extended closure covers interviews, naturalization ceremonies, and biometric collections, USCIS will continue to provide emergency and essential services that do not
As a result of the Coronavirus pandemic, the Department of State (“DOS”) has authorized consular officers at U.S. Embassies and Consulates to expand the categories of H-2 visa applicants whose application can be adjudicated without an in-person interview. The new policy allows interviewing consular officers the ability to waive in-person
The U.S. Department of State (“DOS”) is encouraging medical professionals with an approved immigrant or non-immigrant petition (Form I-129, Form I-140) or a certificate of eligibility in an approved exchange program to request for an expedited appointment at their nearest U.S. Embassy or Consulate. Although DOS has instructed consular services
U.S. Citizenship and Immigration Services (“USCIS”) has announced that it is extending the deadline to reply to requests for evidence (“RFE”) and notices of intent to deny (“NOID”) in response to the Coronavirus (COVID-19) pandemic. For applicants and petitioners who receive an RFE or NOID dated between March 1st and
U.S. Citizenship and Immigration Services (“USCIS”) will extend the suspension of in-person services at field offices, asylum offices and application support centers through April 7, 2020. The USCIS had originally cancelled in-person operations on March 18th and was expected to recommence on April 1st in an effort to help contain
U.S. Citizenship and Immigration Services (“USCIS”) announced that it will accept benefit forms and documents with reproduced original signatures for submissions dated March 21, 2020 and thereafter. The policy change was made in response to the Coronavirus National Emergency declared by President Donald Trump on March 13, 2020. While USCIS
As of March 18th, all United States Citizenship and Immigration Services (“USCIS”) in-person services at all field offices, asylum offices and Application Support Centers (“ASC”) are suspended in an effort to contain the spread of the Coronavirus. In-person services are scheduled to resume on April 1st. USCIS field offices will
The U.S. Embassy in Hanoi and the U.S. Consulate in Ho Chi Minh City has announced that all routine visa interviews will be cancelled as of March 19th in an effort to impede the spread of the Coronavirus. Applicants with an urgent travel matter may request an expedited appointment which
The United States Department of State (“DOS”) has extended DOS consular officers’ authority to waive in-person interviews for certain nonimmigrant visa categories through December 31, 2023. The announcement made on December 23, 2022 replaces the previous policy extending nonimmigrant visa waivers through December 31, 2022 and allows DOS consular officers
Effective October 2022, the U.S. Embassy in Manila will be expanding all routine nonimmigrant visa interviews across all nonimmigrant visa categories in order to reduce interview wait times and accommodate the increasing number of applicants. Nonimmigrant visa applicants who have paid an MRV application fee but have been unable to
Beginning October 3, 2022, all Vietnamese immigrant and nonimmigrant visa applicants whose passports were issued starting July 1, 2022 must include a Vietnam government endorsement page that states the place of birth. Visa applicants who do not have an endorsement page will not be permitted to attend their visa interviews
Following the Department of State’s amended regulations addressing birth tourism in January 2020, questions continue to be raised whether a pregnant woman may travel to the U.S. on a valid B-1/B-2 Visitor Visa for the sole purpose of giving birth regardless of whether she was issued the B-1/B-2 Visitor Visa
A nonimmigrant visa is for persons wanting to enter the U.S. for a temporary visit for a specific purpose, and who will return to their home country or country of residence when the purpose of their visit is finished. In most nonimmigrant visa categories, the person establishes and maintains what
The U.S. Centers for Disease Control and Prevention (“CDC”) has ended the requirement that all air passengers, 2 years or older, traveling to the United States from a foreign country must present a negative COVID-19 test result from a sample taken no more than one day before departure, or provide
The U.S. Citizenship and Immigration Services (“USCIS”) has updated guidance in its USCIS Policy Manual to address the documentation that E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. On November 12, 2021, the USCIS issued a policy announcement to clarify that it
It is often misunderstood that those who enter the United States on a B-1/B-2 Visitor Visa and granted a 6 month stay are allowed to leave the United States, re-enter and be granted another 6 months upon re-arrival. While there may be reasons why this is acceptable, and many visitors
The doctrine of consular nonreviewability refers to visa decisions decided by consular officers at U.S. Embassies and Consulates cannot be appealed to courts within the United States. The doctrine applies very broadly to decisions made by consular officers whether they apply to foreign nationals who have been refused an immigrant
Pursuant to a Biden Administration initiative, on January 21, 2022, the Departments of State (“DOS”) and Homeland Security (“DHS”) announced new actions related to STEM work authorization, J-1 Researchers, National Interest Waivers, and O-1 Extraordinary Ability Workers. You can read the White House Fact Sheet here. “The Biden-Harris Administration believes
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