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Non-immigrant Visa

DOS Releases Fact Sheet On Establishing Birth Tourism Prevention Task Force

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

What Does A 214(b) Refusal Mean in U.S. Immigration Law?

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

Nonimmigrant Visa Dropbox Renewal Eligibility Reverts Back to Pre-COVID Standards

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

USCIS Updates Guidance for F and M Nonimmigrant Visa Classification

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

USCIS Will Begin Accepting Parole-in-Place Applications on August 19, 2024

Following the June 18, 2024 announcement of Parole-in-Place, the U.S. Department of Homeland Security (“DHS”) will begin accepting applications beginning August 19, 2024. Applications filed prior to August 19 will be rejected. In order to be considered for Parole-in-Place, which is approved on a case-by-case basis, an applicant must have

What is the Parole-in-Place Announcement By President Biden?

On June 18, 2024, President Joe Biden announced a series of immigration actions by using an Executive Order (“EO”). The EO, formally known as Parole-in-Place, are designed to help certain undocumented aliens obtain lawful presence within the United States.  It consists of the following: Spouses and children of U.S. citizens

USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

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

What is the Doctrine of Consular Nonreviewability?

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

Biden Administration Initiative to Attract STEM Talent to the United States

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

DOS Extends Certain In-Person Non-Immigrant Visa Interviews Through 2022

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

DOS Publishes Interactive Non-Immigrant Visa Waiting Time Webpage

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,

DOS Rescinds Tiered Approach Allowing Resumption of More Consular Services

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 Featured in AILA Global Migration Section E-Bulletin

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

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