Temporary (Non-immigrant) Work Visas

The Immigration and Nationality Act delegates authority to the Department of Homeland Security (DHS) to decide whether to parole a foreign person into the United States. Parole is a discretionary remedy decided on a case-by-case basis, evaluating the totality of evidence to determine if the foreign person’s presence in the United States will provide a

The first installment in this series discussing the International Entrepreneur Parole (IEP) program identified the challenge and a potential solution for foreign entrepreneurs to legally enter the United States to develop a business concept and outlined the detailed program requirements. This part of the series will examine the specific documentary requirements necessary to satisfy those

U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements in doing so, the U.S. Circuit Court for the District of Columbia has ruled. ITServe Alliance Inc. v. DHS, No. 22-5074 (June

Certain foreign entrepreneurs have a new pathway available to enter the United States to develop a business concept through a start-up company. Entrepreneurs who will have a central and active role in a start-up company that has attracted private investment or government funding may benefit from the International Entrepreneur Parole (IEP) program. While complex and

An alliance of U.S. technical workers has petitioned the U.S. Supreme Court to find the OPT and STEM OPT programs invalid.

Since 2014, WashTech has been challenging the validity of OPT and STEM OPT through litigation. The alliance’s major concern is the allegation that the programs harm U.S. workers. Questions about the validity of these

As demand for talent surges in the fast-growing life sciences industry, U.S. employers continue to face challenges in their search for immigration options to retain their high-skilled foreign workers. Please see our full publication here.

The Department of State has delayed the effective date of the increase in consular fees from May 30, 2023, to June 17, 2023 (to provide a 60-day delay after the final rule was received by Congress).

The most relevant fee increases remain:

Visa TypeCurrent FeeRevised Fee
Non-petition-based nonimmigrant visas: B/1-B/2, F, M

On May 30, 2023, fees for nonimmigrant visas at all consulates abroad will increase. The increase can be avoided if the visa fee is paid on or after October 1, 2022, and before May 30, 2023, and an interview is scheduled within 365 days of payment. The interview need not take place during the 365

USCIS has announced that the total number of eligible registrations submitted for FY 2024 was 758,994 (up from 474,421 eligible registrations submitted for FY 2023). Of the 758,994 eligible registrations submitted, USCIS said it made 110,791 selections to fill the 85,000 available H-1B visa slots.

The significant increase in submitted registrations yielded a relatively low

Customs and Border Protection (CBP) has been implementing “Simplified Arrival” at all airports, seaports, and most ports of entry since early 2022. The purpose is to secure and streamline the entry process. But the elimination of paper documentation is raising issues for foreign nationals.

One outcome of Simplified Arrival implementation is that CBP no longer