U.S. ambassador in China announced today that since February 13, 2012, the United States will lauch a new pilot program that permits consular officers to waive interviews for some qualified nonimmigrant applicants worldwide who are renewing their visa within 48 months of the expiration of their previously held visa, and within the same classification as the previous visa. In China, many previous holders of B (temporary visitors for business/pleasure), C1 (transit), D (crewmembers), F (students), J (exchange visitors), M (nonacademic students), and O (visitors with extraordinary ability) visas will be able to renew their visas if they have been expired less than 48 months (four years), without another interview. For details, please check here.
Category Archives: Temporary Visas
Re-entering the U.S. with a Valid I-94 Form & Expired Visa (Automatic Revalidation)
An H-1B visa holder intended to take a cruise trip to Mexico with his family. His only concern is that the H-1B visa is expired even though his I-94 is still valid. Can he take the trip and return to the United States without a valid visa? The answer is that he may be able… Continue Reading
USCIS Issued FAQ on Gap between F and H status
USCIS issued an FAQ today that discusses the automatic extension of post-completion Optional Practical Training (OPT) and F-1 status in the U.S. for students with pending or approved H-1B petitions for an employment start date of 10/1/11, under the Fiscal Year 2012 H-1B cap. Which petitions and beneficiaries qualify for a cap-gap extension? H-1B petitions… Continue Reading
US Labor Department announces protocols for certifying U visa applications
WASHINGTON – The U.S. Department of Labor announced protocols to complete the portion of the U visa nonimmigrant status application requiring certification by a law enforcement agency that the applicant is a victim of a qualifying crime and willing to cooperate with law enforcement in the investigation and prosecution of that crime. U visas, as… Continue Reading
Getting the LCA In Hand Before April 1
Employers who employ foreign worker in H-1b position are required to submit Labor Condition Application (LCA). Because one cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR § 655.730(b)), it is suggested by AILA that to get the LCA in hand before April… Continue Reading
J-1 Waivers for Foreign Physician
Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United… Continue Reading
B-1 Business Visitors
B-1 visa is for the visitor who has an unabandoned foreign residence, intends to visit only temporarily and intends to engage only in permitted business activities. B-1 business visitor may be admitted for the purpose of enaging in business but not for the purpose of local employment or labor for hire. in distinguishing, the determination… Continue Reading
USCIS Updates FY 2010 H-1B Count
As of September 25, 2009, approximately 46,700 H-1b cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1b petitions have been received to reach the statutory limits, taking into account the fact… Continue Reading
Self Sponsored H-1B
Some decisions and cases support that a corporation even if it is owned and operated by a single person may hire that same individual in an H-1B capacity. This is based on the concept that the corporation is a separate legal entity fron its owner. However, self-sponsored H-1Bs are subject to careful review. The parties… Continue Reading
USCIS Updates FY 2010 H-1B Count
As of July 3, 2009, approximately 45,000 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemptions had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.