The United States immigration system is designed to ensure that individuals seeking to enter the country do so lawfully and with genuine intentions. As part of this effort, one factor that U.S. immigration law considers is the concept of “preconceived intent”: the intention of individuals to engage in activities that
As of April 2022, the United States Customs and Border Protection Agency (“CBP”) implemented its “Simplified Arrival” program at all Ports of Entry inclusive of 238 airports, 34 seaports, and land ports. As part of that program, in August 2022 CBP implemented a pilot program called “Stampless Entry” to eliminate
The United States Department of State (“DOS”) has confirmed that previously proposed nonimmigrant visa fees will now go into effect on June 17, 2023. Visa application fees for visitor visas for business or tourism (B-1/B-2s and BCCs), and other non-petition based NIVs, such as student and exchange visitor visas (F,
The United States Department of State will delay increasing certain nonimmigrant visa application fees until June 17, 2023. The key fee changes implemented by the rule are as follows: Non-petition-based nonimmigrant visa applications including B-1/ B-2 Visitor Visas and J-1 Student Exchange Visas will be raised from $160 to $185.
Effective May 11, 2023, international air passengers departing for the United States will no longer be required to present proof of a COVID-19 vaccine as a prerequisite to board a flight to the United States. The new policy, which comes almost a year after the United States ended its requirement
Both an I-134 Affidavit of Support and an I-864 Affidavit of Support are legal documents used by U.S. consular officers to demonstrate an agreement to provide financial support for a foreign national within the U.S. immigration system. However, there are some notable differences between the two documents. An I-134 Affidavit
Effective May 30, 2023, the United States Department of State (“DOS”) will be increasing certain nonimmigrant visa application fees. Fees for B-1/ B-2 Visitor (Tourist and Business) Visas and J-1 Student and Exchange Visas will increase from US$160 to $185. The DOS will increase fees for certain petition-based nonimmigrant visas
The U.S. Center for Disease Control (“CDC”) has rescinded a policy that air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and Macau have a negative COVID-19 test or documentation of recovery. The policy, which
Enterline and Partners recently obtained an approval for a Philippine client based on his investment of US$70,000 into a new business in the United States. This is a relatively small investment for an E-2 Treaty Investor visa and demonstrates that a “totality of the evidence and the business” is very
The U.S. Center for Disease Control (“CDC”) has announced that it will implement a requirement for a negative COVID-19 test or documentation of recovery for air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and
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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