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
A K-3 visa is a non-immigrant visa issued to a foreign spouse married to a U.S. citizen. Like a K-1 visa, a K-3 visa is also filed using a Form I-129F Petition for Alien Fiancé(e) (“Form I-129F Petition”) intended to shorten the separation period between the married couple and allow
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 extended the authority of consular officers to waive certain in-person non-immigrant visa interviews through the end of 2022. Along with B-1/ B-2 interview waivers, F, M, and J Academic visa applicant waivers have been extended to the end of 2022 under the
The United States Department of State (“DOS”) has published an interactive webpage allowing non-immigrant visa applicants to check the estimated waiting time for interviews at specific Embassies and Consulates. By clicking on Visa Appointment Wait Times, applicants will be able to identify approximate waiting time for B-1/ B-2 Visitor Visas,
Effective December 6, 2021, the United States Centers for Disease Control (“CDC”) has established new rules requiring international air travelers arriving in the United States to obtain a negative COVID-19 test within 24 hours of departure. Under the current rules, vaccinated international air travelers may present a negative test result
As the COVID-19 pandemic continues to ease, the United States Department of State (“DOS”) has announced that the earlier tiered approach aimed at reducing backlogs has been rescinded. Instead of the tiered approach, DOS will focus on reducing wait times for all consular processing services while also protecting the health
Ryan Barshop, a partner of Enterline and Partners Consulting was recently featured in the October 2021 E-Bulletin of the American Immigration Lawyers Association Global Migration Section (“AILA GMS”). Mr. Barshop, who has been practicing U.S. immigration law overseas for nearly 10 years, was interviewed by AILA GMS about why he
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
A K-3 visa is a nonimmigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while their Form I-130 Petition for Alien Relative (“I-130 Petition”) is undergoing adjudication with the United States Citizenship and Immigration Services (“USCIS”). The goal of a K-3 is to
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
Copyright 2018 – 2025 Enterline and Partners Consulting | All Rights Reserved
