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
The United States Department of State (“DOS”) has released a fact sheet on establishing a new Birth Tourism Prevention Task Force (“Task Force”) that reviews nonimmigrant visa holders activities specifically to identify those who have engaged in birth tourism and to revoke visas for those who engage or facilitate in
Updated for 2025: Heightened Enforcement at Ports of Entry Like all international travelers, lawful permanent residents (LPRs)—also known as Green Card holders—are subject to inspection by U.S. Customs and Border Patrol (CBP) when arriving at an airport or land port of entry. While LPRs enjoy greater rights than nonimmigrants when
Visa retrogression is a situation where the Department of State (“DOS”) adjusts the Final Action Date and Dates For Filing backwards on the DOS monthly Visa Bulletin. This occurs when the demand for immigrant visas in a specific visa category exceeds the estimated supply, causing applicants who were previously eligible
A common question asked by potential clients is: “Do I need an immigration lawyer to file a K-1 visa for my Vietnamese fiancé/fiancée?” While the short answer is no, having an immigration lawyer represent you and your fiancé through the K-1 visa process has significant advantages. The Benefit of a
A B-1 domestic employee visa permits certain foreign domestic workers to temporarily accompany their employer to the United States to manage household or other domestic services. The visa is narrowly defined and carefully regulated. It applies only when there is an established employment relationship and when the employer’s stay in
United States government posts have frequently listed Vietnamese citizens’names on government documents incorrectly such as on visas and Form I-551 (“Green Cards”.) This often happens because Vietnamese passports list names in the order of last name (or “family name” or “surname”) followed by the middle name and then the first
With the return of the Trump administration in 2025, many couples are asking the critical question: “Are K-1 Fiancé(e) visas (hereinafter “fianc(é)”) affected by Trump’s new immigration policies?” While there is currently no outright ban on K-1 fianc(é) visas, applicants should be prepared for significant changes in processing, increased
A 214(b) refusal in U.S. immigration law refers to a specific section of the Immigration and Nationality Act (“INA”) that is often cited when a U.S. consular officer denies a nonimmigrant visa application. This section is often seen with individuals applying for B-1/ B-2 Visitor Visas but it is applicable
Effective immediately, the United States Department of State (“DOS”) has revised the requirements for interview waiver eligibility (commonly referred to as dropbox eligibility) to applicants renewing a nonimmigrant visa in the classification that expired within the past twelve (“12”) months. Previously, some nonimmigrant visa applicants were eligible to renew through
The United States Citizenship and Immigration Services (“USCIS”) has updated its guidance effective immediately regarding when students who are in either F or M nonimmigrant visa classification may be eligible for Optional Practical Training (“OPT”) extensions for Science, Technology, Engineering, or Mathematics (“STEM”) field. The updated guidance, which is found
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