Immigration law has never been more challenging than under the current administration. One area that has gone largely unexplored has been the unintended consequences of how multinational companies tend to react to harsh U.S. immigration policies that target high-skilled workers. Dr. Britta Glennon, Assistant Professor...
Answer Normally, it is possible to apply for an H1B visa "stamp" at a different consulate from the one listed on the H1B petition. This sometimes causes a delay in the visa being issued, but such delays typically are less than 2 weeks. (16.Oct.2019)Sheela Murthy and...
Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, one does not need to file a separate petition for these family members. (16.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Normally, there is no issue with the spouse of an H1B worker traveling back and forth using an H-4 visa, even for short trips to the U.S. It is possible to do this with a B-2 visa, as well; but, unlike B-2 visitors, a person...
The U.S. Department of State (DOS) announced today that the interim final rule regarding visa ineligibility based on public charge grounds is not yet being implemented. Per the announcement, "visa applicants are not requested to take any additional steps at this time and should attend...
This afternoon, a federal district court judge issued a nationwide injunction against the U.S. Citizenship and Immigration Services (USCIS) from enforcing the new public charge rule. The public charge rule had been scheduled to go into effect on October 15, 2019.The injunction specifically prohibits the...
On October 11, 2019, the U.S. Department of State (DOS) will publish an interim final rule to amend the regulations regarding how consular officers determine whether a foreign national is likely to become a public charge, and therefore ineligible for a visa. This rule will...
The new versions of forms I-129, I-539, I-864, and I-485 were posted on the U.S. Citizenship and Immigration Services (USCIS) website yesterday. The new I-944 (Declaration of Self-Sufficiency) form has also been put up. These forms now include the updated public charge rule. The USCIS...
Answer If an H1B petition is selected in the lottery but denied, the person generally would not be considered to have been counted against the H1B cap. In that situation, s/he typically would need to be sponsored by an employer again in the next year's H1B...
Answer A change to a different employer by the principal H1B holder normally has no impact on the spouse's pending H-4 EAD. (09.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more FAQs here. Copyright...
