Category: Temporary Visas
“Birth Tourism” Restricted by New State Department Rule
The State Department has published a Jan. 24 rule taking aim at birth tourism. The rule prohibits issuance of a B-2 (visitor for pleasure) visa if the applicant’s primary purpose for traveling to the U.S. is to gain citizenship for a child by giving birth in the U.S. The new rule will not prohibit pregnant…
U.S. Consulate in Shenyang Consular Section Relocating to Maoye Mall
The U.S. Consulate in Shenyang’s Consular Section is moving to the 5th Floor of Maoye Mall at 185 Qingian Avenue (茂业天地购物中心青年大街185号). That’s near subway line 2 Shitushuguan Stop (市图书馆站). Take Exit B. If you are entering the mall before 10 AM, use the dedicated consular section entrance located to the right of Starbuck’s Coffee. Routine…
Interruption to U.S. Consulate in Shanghai Visa Services
The U.S. Consulate in Shanghai advised on Fri. Aug. 30 that: Due to network issues, the consular section of the U.S. Consulate General in Shanghai is experiencing interruption to a range of consular services. We are working … to … restore … services…. We will not be scheduling new interview appointments until this issue is…
New DHS Public Charge Rule
On August 14, 2019, the U.S. Department of Homeland Security (DHS) published a final rule governing the public charge grounds of inadmissibility, found at section 212(a)(4) of the Immigration and Nationality Act (INA). Unless litigation halts implementation of the rule, it will go into effect after 60 days, on October 15, 2019. Here is a…
Making a Congressional Inquiry for Help with Your Immigration Case
If you are having problems with your immigration case, a member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) on your behalf.
Findream LLC Operator Indicted for OPT-Related Scam
The below July 26, 2019, press release is from U.S. Immigration and Customs Enforcement. Huang Weiyun has been indicted on allegations that, among other things, she sold letters falsely verifying that F-1 students were eligible for optional practical training (OPT) based on employment with her company, Findream LLC.
New Social Media Question on Visa Application Forms
On May 31, 2019, the U.S. State Department updated its immigrant and nonimmigrant visa application forms to request social media usernames from most immigrant and nonimmigrant visa applicants worldwide.
State Dep’t Statistics on B Visa Refusals for Chinese Nationals
The rate of B (tourist and business visitor) visas refusals for Chinese nationals have been climbing since 2013 and stands at 17% as of 2018, according to the U.S. State Department.
H and L Visa Appointments Will No Longer Be Held in Shenyang or Chengdu
H (temporary worker) and L (intracompany transferee) visa interviews in China will be consolidated in Beijing, Guangzhou, and Shanghai, the Embassy has announced:
L-1 Intracompany Transfer Visas and EB-1 Multinational Managers: A Guide for Startups and Mature Companies
This Guide provides an overview of the requirements and procedures involved in applying for an L-1 (intracompany transfer) visa, seeking admission to the U.S., and complying with the terms and conditions of the visa. This Guide also discusses the related green card category for EB-1 multinational managers.
Can I Visit the U.S. While Waiting for My Immigrant Visa?
Here’s a question I’m often asked: I am married to a U.S. citizen. He has started the process for me to get a green card by filing a Form I-130, Petition for Alien Relative. Once it’s approved by USCIS, I will apply for an immigrant visa at the U.S. Embassy in my home country. Can…
Applying for a B1/B2 (Visitor) Visa as the Spouse of a U.S. Expat
I’ve been asked several times today about how the spouse of a U.S. citizen expat can apply for a B1/B2 (visitor for business or pleasure) visa. The question typically goes something like this: I am a U.S. citizen. I have lived in China for 5 years. My wife has been denied a U.S. tourist visa…
Supreme Court Upholds Travel Ban 3.0
Today, the Supreme Court upheld the third, reengineered version of President Trump’s travel ban by a vote of 5 to 4. Anastasia Tonello, President of the American Immigration Lawyers Association (AILA) issued the following statement:
More Chinese Student Visa Applicants Will Be Subject to Security-Related Delays
A State Department official has spoken on background to the Associated Press, saying that more Chinese applying for F-1 visas as graduate students in fields related to science and technology will need “special clearance from multiple U.S. agencies” and that such clearances are “expected to take months for each visa application.” Other nonimmigrant visa applicants…
AmCham China Addresses U.S. Visa Policy in 2018 White Paper
2018 is a historic year for American companies operating in China: as China marks its 40th anniversary of economic reform and opening, AmCham China is issuing the 20th edition of its American Business in China White Paper. This paper is a comprehensive assessment of the operating environment for foreign companies in China. It was a…
U.S. Visa Denied? Here are Your Options
If your visa is denied, you may be confused and frustrated. And consular officers may be unwilling or unable to properly explain the grounds for refusal and your options for overcoming the refusal. How can an attorney help?
Proving Nonimmigrant Intent for a U.S. Visa
1. Introduction Eligibility for many types of nonimmigrant visa require proof that the applicant (a) is not an intending immigrant, (b) has an unabandoned foreign residence, and/or (c) is coming to the U.S. temporarily. This article describes that set of requirements, which are often loosely described as nonimmigrant intent. Understanding that set of requirements is…
President Trump Rescinds Obama-Era Goal to Speed Visa Processing
President Trump on June 21 rescinded an executive order issued by former President Obama in 2012 that sought to speed up visa interview wait times for nonimmigrant visa applicants, including visitors for business or pleasure, students, and other temporary visitors. More visa delays and denials are likely as a result of the Trump administration’s reduced emphasis…
Chinese Visitor and Student Overstays in U.S. Fewer Than Global Average
The U.S. Department of Homeland Security has just published it’s FY 2016 entry/exit overstay report. It shows that the visa overstay rate for Chinese visitors and students is lower than the global average and decreasing over time.
H-1B Visas: USCIS and Dep’t of Labor Tighten Rules and Investigate Fraud
While the H-1B petitions submitted for the lottery this cap season were still in transit to the USCIS, both the USCIS and the DOL announced several measures aimed at detecting H-1B visa fraud and abuses. The rules focus on computer programmers, site visits, and protecting American workers.