Video: How Can an Attorney Help Me Hire Global Talent?

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Non-Immigrant Visas

Book Release!

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Non-Immigrant Visas

I’m excited to announce the release of my book, Beyond the H-1B: A Guide to Work Visa Options for Employers, Foreign Nationals, and Graduating Students. As you prepare for 2017 hires, it will be helpful to understand the work visa options available to your employees.

The book is currently available on Amazon, both in print and Kindle versions.

Buy now.

Trouble Getting a License for H-1B

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H-1B, Non-Immigrant Visas

The 2017 H-1B petition filing season is here! To maximize your chance of success, you need to prepare now. Starting April 3, USCIS will accept H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2017.

To maximize the chance that your petition will be accepted in this year’s anticipated lottery, we strongly recommend that H-1B visa petitions subject to the cap be ready to be filed in March.

If you have trouble getting a license for your H-1B, a new rule should provide some relief.

Will Your Immigration Case Be Impacted by the New Rule that Went into Effect on Jan. 17th?

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Immigrant Visas, Non-Immigrant Visas

The Department of Homeland Security (DHS) rule “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” took effect on January 17, 2017. The rule amends regulations related to certain employment-based immigrant and nonimmigrant visa programs, so you may be wondering if you will be impacted.

If your case is adjudicated after January 17th, 2017, it will be subject to the new rule.

Did You Know? Facts about Immigrants in America

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Green Card, H-1B, Non-Immigrant Visas

U.S. Immigration – Did you know that there are only 140,000 employment-based green cards available every year and that the per country cap results in high-skilled immigrants waiting for years, and sometimes decades, for a green card?

Indian Immigrants Waiting Period

How Can a Visa Applicant Prove Ties to Home Country?

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Non-Immigrant Visas

One of the requirements of many nonimmigrant visas is that the applicant provides evidence of his/her ties to the home country. This evidence is used to evaluate whether the applicant has sufficient ties to bind him/her to their country so that they want to return after their U.S. Stay.  What evidence you can provide will vary based on your age, relationships, assets and others.

Below are some suggestions of category of evidence that we have used successfully to support ties:

Property and/or business ownership or other valuable assets

Family relationships (spouse, children, parents, fiancé)

-Responsibilities (professional job, caring for family member, community engagement)

– Benefits (medical insurance, retirement benefits)

If you do not have strong ties to your home country you should strongly consider consulting with  an experience immigration attorney before applying for your visa.

New Consular Fees for Visa Applicants

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Non-Immigrant Visas

The Department of State (DOS) recently started charging increased fees for certain visa applications.  The prior fee was $131 for all nonimmigrant visas.   The affected visas include:

• Petition-based Nonimmigrant visas (H, L, O, P, Q, and R) – fee raised to $150
• K (fiancé / spouse of U.S. Citizen) visa – fee raised to $350
• E (investors/traders) visas – fee raised to $390
• Non-petition based nonimmigrant visas (B1/B2, F, M and J)  – fee raised to $140

DOS indicated that the fee increase is to ensure sufficient resources to cover the rising cost of processing nonimmigrant visas. The increase applies to nonimmigrant visas placed in passports and to border crossing cards issued to certain applicants in Mexico.   The new fee structure is intended to cover the higher costs for processing certain categories of nonimmigrant visas that are more complicated and require more in-depth analysis.  The DOS will examine the possibility of offering expedited service for visas with the increased fees. 

This change has been criticized, especially with regards to the increase for the K category visas (used by fiancés and spouses of U.S. Citizens).  The DOS indicated that the K visa fee increase was needed because the K visa requires an in depth interview process, extensive documentation and presents with a higher incident of fraud. 

If you are applying for one of the affected visa categories, be sure to check with the consular post for more information regarding the applicable fee schedule. 

Click here for more information regarding visa fees.

Tips to Navigating the new DS-160 Nonimmigrant Visa Application

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Non-Immigrant Visas

In 2009, the Department of State introduced a new Online Nonimmigrant Visa Electronic Application, the DS-160, for foreign nationals wishing to come to the United States on a nonimmigrant visa.  The new application replaces several NIV forms (DS-156, 157, 158, 156K, 3032, and parts of the E visa application) and is being phased in throughout the early part of 2010 at Embassy and Consular posts across the globe.    

We have had the opportunity to assist many individuals complete the new DS-160 as part of the consular application process and have found the following to be helpful tips when completing the application:

• Be sure to check the website of the Embassy or Consulate where you will apply for your visa to ensure whether they are using the new DS-160 or prior forms.
• Make sure you set aside time to complete the application. For security reasons, the form will “time out” after 20 minutes of inactivity. When this happens, all information that has been entered can be lost. In order to prevent this data loss, remember to save at frequent intervals.
• Clicking the “Save” button at the bottom of the page will temporarily save your application.  If you need to leave your computer for any length of time, permanently save the form to your hard drive by clicking “Save Application” and browse to find a secure location on your computer to download the application.  When you return, you will be able to upload the file and continue completing the form with your information intact.
• Remember to only use the navigation buttons at the bottom of the page to move through the form.  Using your browser’s “Back” and “Forward” arrows may result in a loss of information or changes.
• When you have completed the application, save the form to your hard drive, flash drive, or CD.  This way, if the Embassy rejects your application as incomplete you can easily access your application, correct the errors and resubmit.  Also, if you are a frequent NIV applicant, this will save your information for the next time you apply for a visa.
• The new form allows you to upload a digital or scanned photo with your application.  Be sure to follow all requirements and guidelines for visa photographs to ensure its acceptance.
• Once you have successfully submitted your application, you will need to print off the confirmation page to submit to the post.  This page is necessary to retrieve your application data and will be needed during all phases of the visa process.

Click here for more information on the DS-160 application process.

Greece Added to the United States’ Visa Waiver Program

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Non-Immigrant Visas

In March 2010, the Department of Homeland Security added Greece as a member of the Visa Waiver Program.  This announcement significantly eases travel of Greek citizens to the U.S.  Under the program, Greek visitors may enter the U.S. for 90 days without having to first secure a non-immigrant visa. 

Greece joins 35 other countries already in the Visa Waiver Program including Australia, France, Germany, Italy and the United Kingdom.  The program was created in 1986 to facilitate travel, strengthen passenger information sharing and ascertain security standards. 

Click here for more information on the Visa Waiver Program.