Articles Posted in Work visas

Have you ever wondered what you need to do if your passport containing a U.S. visa inside is lost or stolen? We’ve got you covered. In this video, attorney Jacob Sapochnick explains everything you need to know about this important topic.


Overview


So, you’ve successfully managed to pass your Consular interview, and now you’ve received your U.S. visa in your passport. Let’s imagine that you, like thousands before you, manage to lose your passport containing your U.S. visa inside, or have it stolen.

What should you do in this situation?

First and foremost, foreign nationals must remember that their passport and visa is an official travel document. You cannot enter the United States without having such documents in your possession to demonstrate your country of citizenship and legal status in the United States.

Before even falling into this predicament, foreign nationals should always make a copy of their passport biographic page, U.S. visa, and admission stamp or paper I-94 (if applicable) as soon as they have arrived in the United States.

Foreign nationals who have entered the United States temporarily on their valid visa, and later lose their passport, can remain in the U.S. for the duration of their authorized stay, as printed on their admission stamp or paper Form I-94, Arrival/Departure Record.

If you were issued a paper Form I-94 and it was lost or stolen, you must have it replaced immediately.

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Want to keep up to date on the latest changes in the E-2 Treaty Investor Visa Program? Then you are at the right place. In this video, attorney Jacob Sapochnick shares new updates for spouses and dependents of principal E-2 visa holders, as well as information about minimum investment requirements for E2 investors, and new requirements for E3 visa applicants.


Overview


New changes governing regulations for spouses and children of E visa holders, and minimum investments amounts, have appeared in the Foreign Affairs Manual (9 FAM 402.9-9) effective on May 1, 2023.


Substantiality Test


One of the requirements of the E2 visa program is to ensure that the amount of capital being invested into your business is “substantial” for the type of commercial enterprise you establish or acquire, while considering the nature of the business.

The law does not set a minimum dollar figure nor minimum amount of investment that is considered to be “substantial” for E-2 visa purposes. However, the Foreign Affairs Manual considers an investment to be “substantial” if it (1) meets the proportionality test (2) is sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise and (3) is of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.

The proportionality test determines whether an investment is substantial by weighing the amount of qualifying funds invested against the cost of the business.  If the two figures are the same, then the investor has invested 100 percent of the needed funds in the business; such an investment is substantial.


Clarification of the Substantiality Test for E2 Renewal Applicants


Section 9 FAM 402.9-6(D) of the Foreign Affairs Manual (FAM) states that once an E2 investor has established that he or she has invested a substantial amount of capital in his or her business to the satisfaction of an Immigration Officer, the applicant generally does not need to be evaluated under this criterion again unless there has been a change in ownership (for example where a sale of the business has occurred).

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In this video, and just like every month we cover the movement in the family-sponsored and employment-based preference categories of the July 2023 Visa Bulletin.

We are seeing some big advancements in the family-sponsored categories next month, as well as some retrogressions in the final action dates for the employment based third preference category (EB-3) for all countries except China.

Before we jump into our analysis, let’s first go over some of the highlights of the July 2023 Visa Bulletin starting with the family-sponsored categories.


Family-sponsored categories Highlights


*Dates for Filing cutoff dates – Advancements in July:

  • F-1 Mexico will advance by 1 month
  • F-1 China, India, World will advance by 8 months
  • F2B Mexico will advance by 3 months
  • F3 China, India, World will advance by 3 weeks
  • F4 China and World will advance by 1 month
  • F4 Mexico will advance by 2 weeks

Final Action cutoff dates – Advancements in July:

  • F1 Mexico will advance by 3 weeks
  • F2B Mexico will advance by 2 months
  • F3 China, India, World will advance by 2 weeks
  • F3 Mexico will advance by 2.5 months
  • F4 China and World will advance by 2 weeks

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Are you going through the immigrant visa process, waiting for your interview to be scheduled at a Consulate or Embassy overseas? Then this video is right for you. We will provide the latest updates including which Consular posts are open, their processing times, and which posts are experiencing long wait times as of June 2023.


Overview


Embassies and Consulates around the world are beginning to ramp up their processing of immigrant visas, with the hiring of additional personnel to reduce the visa backlogs.

During the Coronavirus pandemic, immigrant visa cases have been warehoused at the National Visa Center (NVC) while awaiting interview scheduling at U.S. Embassies and Consulates abroad. Due to the high demand for visa interviews, most Consular posts have not been able to accommodate the majority of applicants who are still waiting for their appointments to be scheduled.

Unfortunately, the National Visa Center (NVC) is not able to forward cases to Embassies and Consulates until they have received confirmation that the post has available interview slots.

This is the case even if your case is documentarily qualified and even if your priority date is current on the Visa Bulletin. Your case cannot be forwarded to the Embassy or Consulate until they have confirmed that an interview slot is available for you.

On the other hand, if your case has not been documentarily qualified (meaning all documentation has been received by the NVC), or your priority date is not current on the Visa Bulletin, then your case will not be scheduled for an immigrant visa interview.

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In this video, attorney Jacob Sapochnick shares some very exciting news for nonimmigrant visa applicants. The State Department recently announced that they are dramatically speeding up visa wait times for interview appointments starting with nonimmigrant visas for students, temporary workers, and tourists.

If you want to know more about this important update just keep on watching!

Did You Know? U.S. Consulates and Embassies consider requests for expedited visa interview appointments on a case-by-case basis for those who meet the expedite criteria, including those with urgent travel needs, emergencies, urgent humanitarian needs, those working for nonprofits who are furthering cultural or social interests for the U.S., those whose work is in the U.S. government or national interest, etc. To understand the expedite process, please visit the website of your closest U.S. Embassy or Consulate.


Overview


On December 1, 2022, the U.S. Department of State Bureau of Consular Affairs held a live broadcast on YouTube, where Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around the world.

In the broadcast, she highlighted some important revelations, indicating that not only are visa wait times improving at U.S. Consulates and Embassies overseas, but nonimmigrant visa interview appointments are being made available much faster than ever before for tourists, students, and certain temporary workers.

Some of the Key Points she raised are as follows:

  • The State Department has successfully reduced visa interview wait times with a median global wait time of just 7 weeks for a B1/B2 tourist visa appointment at most U.S. Consulates and Embassies worldwide.
  • Similarly, the Statement Department has reduced wait times to only 7 days for F-1 students and certain temporary workers at most U.S. Consulates and Embassies Worldwide.
  • Visa processing capacity is recovering much faster than initially projected thanks to policy and processing innovations implemented in 2022.
  • In many countries, the State Department issued more tourist visas in 2022 than before the pandemic, including at some of the busiest Consulates in the world such as Mexico and Brazil.
  • The State Department issued more student visas in 2022 than in any recent year.
  • Visas for airline and shipping crewmembers were prioritized to support global supply chains, with the State Department issuing more than 250,000 crewmember visas in 2022.
  • Pre-pandemic processing times were exceeded for crewmembers since June of 2022.
  • State Department posts overseas adjudicated about 40 percent more visas for seasonal workers in 2022 when compared to 2019, before the pandemic.

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In this video, attorney Jacob Sapochnick discusses the end of the selection process for the H-1B Visa Lottery for fiscal year 2024. If you were not selected in the lottery but would like to know more about your immigration options, then this is the right video for you.

Did you Know? The H-1B visa program allows American companies and/or organizations to employ foreign workers who possess both a theoretical or practical application of a body of highly specialized knowledge and a bachelor’s degree or its equivalent, for a temporary period of time. A congressionally mandated cap limits the number of new H-1B visas that can be issued to 65,000 per year, and 20,000 for those who have earned a U.S. master’s degree or higher.


Overview


On March 27, 2023, the U.S. Citizenship, and Immigration Services (USCIS) announced it received enough electronic registrations to reach the congressionally mandated cap for fiscal year 2024. After the registration period closed on March 17th, USCIS completed a randomized lottery from among registrations submitted, to select qualifying petitions for the 65,000/20,000 H-1B regular visa cap and advanced degree exemption.

Registrants who were selected were notified via email or text message stating that an action was taken on their myUSCIS online account. Account holders could then log in to see the full notice and determine whether they were selected to file paper applications with USCIS.

The period for filing a paper H-1B cap-subject petition with USCIS will be at least 90 days. USCIS began accepting H-1B submissions from selected registrants (Form I-129 with supporting documentation) beginning April 1, 2023.

USCIS has not yet disclosed whether they will conduct additional randomized lotteries to fill the H-1B visa cap. In previous years, additional lotteries have sometimes taken place, where USCIS has determined that it has not received sufficient mail-in applications to fill the H-1B visa cap by June 30, 2023. Historically, second randomized lotteries (if any) have occurred during the month of July, with accountholders being notified in the month of August.

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In this video, attorney Jacob Sapochnick discusses a new form of relief provided by USCIS, specifically for green card applicants who are facing compelling circumstances. Such individuals may request a renewable 1-year temporary work authorization (EAD) based on their “compelling circumstances,” by filing Form I-765 Application for Employment Authorization. Dependents may also request a compelling circumstances EAD.

If you would like to know more about who can apply for this work permit and eligibility, just keep on watching!


Overview


Employment Authorization Document (EAD) based on Compelling Circumstances


This temporary employment authorization may be provided to certain nonimmigrants who are the beneficiaries of approved employment-based immigrant visa petitions, and who are facing compelling circumstances, such as losing a job.

In order to qualify for a compelling circumstance employment authorization document (EAD), you must:

  • Be in the United States in E-3, H-1B, H-1B1, O-1, or  L-1 nonimmigrant status, including in any applicable grace period, on the date you file the application for employment authorization;
  • Be the principal beneficiary of an approved Form I-140;
  • Establish that an immigrant visa is not authorized for issuance to you based on your priority date, preference category, and country of chargeability according to the Department of State’s Visa Bulletin on the date you file your application for employment authorization; and
  • Demonstrate that compelling circumstances exist that would justify USCIS using its discretion to issue you an independent grant of employment authorization.

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In this video, attorney Jacob Sapochnick discusses the recent collapse of the Silicon Valley Bank, and its repercussions on the startup world and foreign tech workers. The Silicon Valley Bank’s collapse is cited as the largest bank failure since the 2008 financial crisis. The bank was once responsible for managing billions of dollars in client funds and loans. What will be the ripple effect of its collapse on immigrant and non-immigrant tech workers on visas?

Keep on watching to find out more.


Overview


Silicon Valley Bank, an institution that once lent billions of dollars in funding to tech startups has collapsed. Its deep relationships within the startup community have left both immigrant and non-immigrant workers vulnerable, as they scramble to find stable ground. The impact of its collapse has been widespread. Hundreds of startups relied on the funding provided by SVB to maintain their operations and keep immigrant and non-immigrant visa workers on payroll. Additionally, SVB itself employed dozens of foreign tech workers.

When news broke of the bank’s collapse, many startups withdrew their funds from the bank and began to question the security of the banking system as a whole. SVB’s collapse may be a signal that something worse is on the horizon, which may lead tech companies to freeze hiring and potentially lay off workers many of which are in the United States on visas.

As a foreign worker, losing a job is not just losing a paycheck. It means your legal status in the United States could ultimately be put in jeopardy. Workers who have been laid off will be forced to find a new employer within 60 days, or risk having to depart the United States.

In recent months, we began to see massive layoffs throughout Silicon Valley including those at Twitter, Meta, Facebook, and Google. Now the bank’s collapse could set in motion an extensive hiring freeze and a shrinking workforce in the months ahead. This is surely unwelcome news for tech workers currently in the United States on H-1B visas. The climate of uncertainty and panic caused by the bank’s collapse, could leave employers with cold feet when it comes to sponsoring workers for employment-based green cards.

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In this video, attorney Jacob Sapochnick tells you everything you need to know about the H-1B visa cap season for fiscal year 2024. We have been receiving questions from our followers regarding the application process and upcoming deadlines that applicants should be aware of.

In this post, we cover what the H-1B visa program is, why there is an annual cap on the number of H-1B visas available each year, and everything you need to know about the H-1B visa application process in 2023.


Overview


What is the H-1B Visa Program?

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with specialized skills to work in the United States for a specific period of time. Generally, the job being offered by the U.S. employer must (1) require a bachelor’s degree or its equivalent (2) the degree should be common to the industry (3) and the duties required should be so specialized or complex that the knowledge required to perform them is usually associated with the attainment of a bachelor’s or its equivalent.

Professionals with job offers in the STEM fields (science, technology, engineering, and math) are the most common applicants for H-1B visas, although other fields may also qualify for the H-1B visa, such as finance, architecture, accounting, health, education, social sciences, physical sciences, medicine, among others.

Professionals who do not possess a bachelor’s degree or higher, but have at least 12 years of relevant experience, may still qualify for the H-1B visa without having a bachelor’s degree.

Once approved, an H-1B visa is valid for an initial period of 3 years and can be extended for an additional 3 years for a maximum period of 6 years in H-1B visa status. Thereafter, employers may sponsor workers for a green card.


Why is there a numerical cap on H-1B visas?


One of the drawbacks of the H-1B visa is that there is an annual numerical limit (cap) to the number of visas that can be issued each year. The annual cap for the H-1B visa program which has been set by Congress is 65,000 visas each fiscal year. An additional 20,000 petitions are set aside for beneficiaries with a master’s degree or higher from a U.S. institution of higher education.

H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to the H-1B numerical cap.

In order to select enough petitions to meet the H-1B numerical cap of 85,000 visas per fiscal year, the United States Citizenship and Immigration Services (USCIS) conducts a visa lottery, selecting from properly submitted electronic registrations to fill the cap.

Historically, competition for the H-1B visa is very strong. As an example, in FY 2022 U.S. employers submitted roughly 308,613 H-1B registrations, and by 2023 this figure increased to 483,927 registrations.

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Many of our followers have been asking a very important question, what does a visa “refusal” mean and what is 221(g) Administrative Processing?

The situation unfolds something like this. You’ve applied for a non-immigrant visa and have attended your Consular visa interview. After attending your interview, you check the status of your visa on the State Department’s Consular Electronic Application Center (CEAC) webpage, and you see the dreaded words “Refused.”

What does this all mean and what can you expect if you find yourself in this predicament? In this video, attorney Jacob Sapochnick walks you through the meaning of a “refusal” and how you can still be successful in obtaining a visa despite this obstacle.


Overview


Applicants for nonimmigrant visas can check the status of their visa cases by visiting the State Department’s Consular Electronics Application Center CEAC launch page .

To check your status, you must enter your DS-160 confirmation number and the Consular location (Country and City) where you were interviewed.

The DS-160 confirmation number can be found on the DS-160 confirmation page and starts with AA followed by 8 digits.

Once you have successfully entered the online CEAC visa check system, you will receive one of the following results:

(1) Application receipt pending


If you have submitted your online non-immigrant visa application (DS-160), it has not yet been processed into the visa system. At some locations, your application will remain in this status until you appear for an interview or until your application is ready for review. Please see the Embassy or Consulate website for information on the next steps required for visa processing.

Meaning: 

The application data has not been entered into the Embassy system.

For interview cases, the application will remain in this status until the applicant appears for an interview.

For mail-in cases, this means the Embassy has not received the application.

(2) Application Received


Your case is open and ready for your interview, fingerprints, and required documents. If you have already had your interview, please check your status after two business days. If no interview was required, please check back in two business days for the updated status of your application.

For mail-in cases: The visa application has been received by the Embassy and is undergoing review.

This also includes cases that are pending for additional documents

(3) Administrative Processing


Your visa case is currently undergoing administrative processing. This processing can take several weeks. Please follow any instructions provided by the consular officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed back within two business days.

This status includes:

  • The visa issuance process (visa has been approved but not yet printed)
  • Pending for additional documents/information

(4) Issued


Your visa is in final processing. If you have not received after 10 working days, please see the webpage for contact information of the Embassy or Consulate where you submitted your application.

Meaning:

The visa has been issued

(5) Refused


A U.S. consular officer has adjudicated and refused your visa application. Please follow any instructions provided by the consular officer. If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. You will receive another adjudication once such processing is complete. Please be advised that the processing time varies and that you will be contacted if additional information is needed.

This includes cases that are:

  • Pending for additional documents/information
  • * Administrative Processing (See below for details)
  • Cases with a waiver request pending.
  • Denied under Section 214(b) of the INA.
    • For E-visa new company registration cases: The visa application has been received by the Embassy and is ready for review. Please wait for further instructions from the Embassy or Consulate. Processing time for new company registration typically takes at least 3 weeks.

For the purposes of this video, we will focus on what the visa status “refused” really means.

Applicants can receive a visa “refusal” for a number of different reasons.

In many cases, applicants are left confused upon seeing a visa “refusal,” especially where the Consular officer has told the applicant that their visa has been approved following their visa interview. In other situations, applicants have received a “refusal” after following the Consulate’s instructions to submit documents via dropbox (for instance for applicants seeking H-1B visa stamping). Applicants who have been told their cases have been placed in 221(g) administrative processing also receive a visa “refusal.”

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