16 Jul 2020

NewsFlash! DOS Announces Limited Exceptions to Trump’s Order that Targets Nonimmigrant Workers

Today, the U.S. Department of State (DOS) announced a short list of exceptions to President Trump's April 22 and June 22, 2020 executive orders that prevent admission of certain foreign nationals. Notably, the announcement excepts "… spouses and children of certain visa class holders, such...

15 Jul 2020

NewsFlash: H1B and H-4 Visa Applicants Sue Trump Administration Over President’s Order that Targets Nonimmigrant Workers

A large group of H1B and H-4 visa applicants have filed the first lawsuit against the Trump Administration's June 22, 2020, proclamation that prohibits the admission of certain nonimmigrants. Importantly, the lawsuit not only requests the court to rule on each individual's visa application, but...

01 Jul 2020

I’m currently working on H1B visa and the extension got approved recently. My wife went for a short visit to India but couldn’t get her H-4 visa stamped in time before executive order. She has a B-2 visa in her passport. Is it possible for her to visit the U.S. using her B-2?

Answer The executive order does not prevent a person from requesting admission in B-2 status. One in this situation would have to be able to convince the CBP officer at the U.S. port of entry that they are truly a "visitor," with intention of staying beyond...

29 Jun 2020

MurthyAudio: Murthy Discusses Presidential Proclamation Impacting H1B, L-1, and Certain Other NIV Holders

Late on the evening of June 22, 2020, the Trump Administration issued a Presidential Proclamation that impacts individuals applying for certain nonimmigrant visas (NIVs). Specifically, the travel ban applies to certain NIVs like the H1B, H2B, L-1, certain J holders, and their dependents.There is fear...

23 Jun 2020

My employer is about to file my H1B cap case. Does the executive order prevent them from filing the petition?

Answer The executive order should not impact H1B cap or non-cap filings within the U.S. The USCIS should still be able to adjudicate all such petitions, as before the issuance of the Presidential Proclamation. If the petition is approved, however, and you are not in the...

23 Jun 2020

I am in the U.S. in H1B status, but my wife and child have been stuck in India since March. Can they return to the U.S. in H-4 status?

Answer If your wife and child each have valid H-4 visa "stamps" in their passports, the executive order should not impact them. Unfortunately, if they do not have valid visas already, it appears they would be prevented from applying for and obtaining the H4 visa stamp....

17 Jun 2020

My mother is visiting me in the U.S., but her tourist visa expires next month. I want to apply for a 6-month extension for her. Can the USCIS grant an extension beyond the visa expiration date?

Answer The visa "stamp" in the passport is only an entry document - it is presented to customs at the airport to seek admission to the U.S. The end date on the stamp has nothing to do with one's authorization to remain in the USA. That...

09 Jun 2020

Is it true that President Trump is about to issue an executive order to stop all H1B filings?

Answer We have heard several rumors recently that the President will issue a proclamation as early as June 15th (or June 11th, according to other online sources) that would temporarily prevent foreign nationals from entering the U.S. in H1B, L-1, H2B, or J-1 status. According to...