VisaBasics

Department of Advises on Fulfillment of J-1 Two Year Requirement by EU Nationals - January 20, 2006
Recent reports had indicated that EU nationals in J nonimmigrant status may be able to fulfill the two year home-country residence requirement in any EU country. In response to these reports, the Visa Office's J Waiver Division has provided the DOS Liaison Committee with clarification of prevailing policy: Since the INA requires two years in the individual's country of nationality or legal residence, and the EU is not a country, the option of returning to any of the EU countries is not acceptable. European nationals must fulfill the two year requirement in their country of nationality or legal residence.

USCIS Reaches H-1B Exemption Cap For Fiscal Year 2006 - January 20, 2006
USCIS has announced that it has received enough H-1B petitions that qualify for the exemption from the H-1B numerical limitations for foreign workers with a U.S.-earned master's or higher. The "final receipt date" for these 20,000 cap-exempt H-1B petitions is January 17, 2006. read more...

Department of State Memo re Validity of Student Visas After Break in Studies - January 18, 2006
The Department of State issued a memo clarifying whether an F-1 or M-1 visa remains valid after a
student has a break in studies longer than five months. There are two circumstances where a student's visa is automatically invalidated after such a lengthy break.

USCIS Issues E-3 Specialty Occupation Worker Guidance - January 10, 2006
In a press release issued January 6, 2006, USCIS provided information on the eligibility requirements and documentation needed for individuals wishing to either change their nonimmigrant status to that of an E-3 worker or to extend their E-3 status. read more...

USCIS Updates H-1B Numbers - December 10, 2005
USCIS has provided updated figures on fiscal year 2006 usage of H-1B numbers for graduates of U.S. advanced degree programs. read more...

DOS Provides Guidance on Immigrant Intent Issue for Students - November 02, 2005
In a cable issued in September, 2005, DOS provided guidance to its posts on how to interpret the immigrant intent provisions when adjudicating student visa applications. The cable indicates that Consular officers adjudicating student visa applications should evaluate the applicant's requirement to maintain a residence abroad in the context of the student's present circumstances, and that they should focus on the student applicant's immediate and near-term intent.
read more...

U.S. Embassy in Mexico Announces New On-Line Service for TCN Appointments - October 17, 2005
In its 10/14/05 press release, the U.S. Embassy in Mexico announces that beginning Monday, October 17, an eligible Third Country National wishing to apply for a visa at a U.S. consulate in Mexico must make the interview appointment on-line via a newly launched website. read more...

Diversity Visa Lottery to Begin October 5 - Friday

The Department of State's 2007 Diversity Visa (DV) Lottery will begin at noon on October 5, 2005. Persons seeking to enter the lottery program must register online at www.dvlottery.state.gov. The site will be available beginning at noon October 5, 2005 through noon December 4, 2005. read more...

USCIS Updates Numbers On Remaining H-1Bs for Masters and Ph.Ds - October 01, 2005
USCIS has updated its website with the current count for usage of the H-1B numbers for graduates of U.S. masters or above programs for fiscal years 2005 and 2006. It appears that there will be sufficient numbers to get to the end of fiscal 2005, but usage of 2006 numbers is heavy. read more...

USCIS To Increase its Fees - October 01, 2005
In a press release issued September 26, 2005, USCIS announced its revised fee structure for immigration benefits. The new fee structure becomes effective October 26, 2005. Please note: though it is not reflected in the USCIS chart, the Federal Register notice of the fee changes indicates that the I-485 filing fee for children under 14 will go up from $215 to $225. read more...

October Visa Bulletin - Early Cut-Off Dates for Employment-Based Categories - October 01, 2005
The October 2005 Visa Bulletin shows severe retrogressions in India and China employment-based first, second and third preferences cutoff dates and retrogression in visa numbers for the third preference category for all countries.. The State Department has indicated that future forward movement in these dates is likely to be limited. This is discouraging news for thousands of beneficiaries of labor certifications approved by the DOL under the new PERM system, and is an unfortunate trend for 2005 and beyond. read more...

Bill Provides Hurricane Katrina Relief - Friday, September 30, 2005
On September 21, 2005, the House of Representatives passed a bill (H.R. 3827) including a provision for international students or exchange visitors affected by Hurricane Katrina that would extend the maintenance of their F, M, or J status from August 29, 2005 until February 1, 2006 . Comparable legislation is expected to be introduced by the Senate soon. r ead more...

Institute of International Education Launches Katrina Emergency Program - Tuesday, September 20, 2005
The Institute of International Education has launched the Freeman EAS: Hurricane Katrina program to provide emergency allowances up to $2,000 to students from East and Southeast Asia enrolled in regionally accredited U.S. universities who’ve been directly impacted by the hurricane. r ead more...

FAQ for F/M Nonimmigrant Students Impacted by Hurricane Katrina -September 8, 2005
Instructions for F and M students affected by Hurricane Katrina is provided on ICE's SEVIS website. read more...

Resources for international students who have been impacted by Hurricane Katrina - Thursday, September 01, 2005
The Student and Exchange Visitor Program has received numerous questions regarding international students who have been impacted by Hurricane Katrina. Some of these questions include the 30-day reporting requirement, ability to find temporary housing, and the ability to transfer to another SEVIS-certified school. If you are attending a school that is affected by Hurricane Katrina, and are unable to contact your Designated School Official, please contact the SEVP office at (202) 305-2346 or email SEVIS.Source@dhs.gov. Please continue to monitor the SEVIS website for future updates.

H-1B Numbers for U.S. Masters Graduates Remain - August 25, 2005
USCIS headquarters has confirmed to AILA that, despite rumors to the contrary, H-1B numbers remain for both fiscal 2005 and 2006 for graduates of U.S. masters or above programs. Please remember that, for fiscal 2005 numbers (i.e., a start date earlier than October 1, 2005), the petition should be filed at this special address at the Vermont Service Center: USCIS Vermont Service Center, 1A Lemnah Drive, St. Albans, VT 05479-7001. Petitions for fiscal 2006 numbers (i.e., a start date of October 1, 2005 or later) should be filed at the service center having jurisdiction over the place of employment.

H-1B Cap Already Reached for FY 2006 - Tuesday, August 16, 2005
On August 12, 2205, the Department of Homeland Security announced that it has already received enough H-1B petitions to reach the general H-1B cap for fiscal year (FY) 2006. The "final receipt date" for reqesting an FY 2006 number was August 10, 2005. read more...

Participation in Exchange Visitor Program as Professor and Research Scholar; Correction - June 27, 2005
On June 23, 2005, the State Department's Exchange Visitor Program issued a correction notice regarding the final rule on J research scholars and professors. The introductory text is revised, removing the provision that would have expanded the 12-month bar limiting eligibility for participation in the J-1 professor or research scholar category to prior presence in F status for all or part of the twelve-month period immediately preceding the date of program commencement set forth on his/her Form DS-2019. The correction to the rule now limits this only to those who had previously been present in J status in the preceding 12 month period. r ead more...

Student Visas for Chinese Nationals Will Have Longer Validity - June 16, 2005
The State Department announced that F, J and M visas for Chinese nationals will be valid for 12 months and multiple entries. These changes to the validity period take effect starting June 20, 2005. read more...

Visa Bulletin for July 2005: EB-3 Becomes Unavailable - June 16, 2005
The July 2005 Visa Bulletin shows that the employment-based third preference for all nationalities is unavailable. This affects individuals seeking lawful permanent resident status or green cards. Retrogression of visa avaiability causes delays in getting permanent resident status.

Changes to Regulations Affecting J Professor & Research Scholars - May 19, 2005
The Department of State published a final rule implementing key changes to to the Exchange Visitor regulations affecting the J Professor and Research Scholar categories. Changes include: extending the maximum perior of program participation from 3 years to 5 years but eliminating extensions of stay beyond 4 years; creating a new 2 year bar on "repeat participation" for those professor or research scholars whohave already completed a 5 year period of stay; applying the 23-month bar provision to those who were in the US in any F category. read more...

H-1B Visas for US Advanced Degree Holders - May 3, 2005
Only graduates of U.S. master's or higher programs are eligible for one of the additional 20,000 H-1Bs made available. A mechanism for converting petitions filed for a fiscal 2006 to a fiscal 2005 number is provided. The filing period for these additional H-1B visas or an upgrade request, will begin 5 business days after publication of the regulation in the Federal Register. Publication is expected to occur May 5, 2005. Filing could then start on May 12. All filings must be to a special address at the Vermont Service Center. A special selection process is delineated if USCIS receives more than 20,000 requests.

DHS Proposed Rule Affecting O&P nonimmigrants - April 28, 2005
DHS proposed rule amends petitioning requirements for O and P nonimmigrant classifications, allowing an O or P petitioner to file a Form I-129 up to one year, but not earlier than 6 months, before the date of the petitioner's need for the alien's services.

DHS Interim Rule Regarding Soviet Scientists - April 25, 2005
Effective 5/25/05, DHS interim rule implements changes to the Soviet Scientists Immigration Act of 1992, reinstating the authority to allot visas to eligible scientists or engineers from the Commonwealth of Independent States with expertise in nuclear, chemical, biological and other high-tech fields.

ICE Proposes to Add SEVIS to Its Records - March 22, 2005
The Bureau of Immigration and Customs Enforcement (ICE) of the Department of Homeland Security gave notice that it proposes to add a new system of records to the Department's invenotry of record systems. The system of records is the Student and Exchange Visitor Information System (SEVIS). read more...

DOS Extends Validity of Visa Mantis - March 2005
The Department of State announced that it has extended the validity of Visas Mantis clearances for F, J, H, L, and B visas for extensions of stay after specified time periods. Visa Mantis is a clearance process that screens against the illegal transfer of technology. Admission at a US port of entry may only be applied for once Visa Mantis is complete and a visa is issued. The validity extension means that F, J, H, L and B visa holders may not be required to obtain another Visa Mantis for the period between expiration of an original visa and the filing of a new application. read more...

Change to J Waiver Consular Fees - March 2005
The State Department advised recently that, effective March 8, 2005, any J waiver applications filed with any overpayment or underpayment of the correct fee will result in the application package being returned to the sender. This advisory was issued in accordance with a Federal Register notice published February 2, 2005.

H-1B Petitions for FY 2006 - March 08, 2005
On April 1, 2005 USCIS began accepting applications for new FY 2006 H-1B petitions with an October 1, 2005 start date. The congressionally mandated cap of 65,000 has been met earlier and earlier in recent year.

MANTIS Clearances Valid for 12 Months - February 2005
The Department of State issued a cable to all posts that expanded earlier guidance that allowed a 12-month validity for Mantis clearances for participants in government-sponsored programs to encompass ALL applicants, provided the applicant is returning to the same program or activity and sufficient evidence of the earlier clearance is available. read more...

DOS Publishes Final Rule Amending SEVIS - February 2005
This rule makes final the interim rule amending the Department of State's regulations pertaining to foreign students and exchange visitors who enter the United States in F,M, or J nonimmigrant visa categories. read more...

Interim Procedures for Issuing Form I-515A - December 2004
Effective September 1, 2004, all foreign students and exchange visitors issued SEVIS Form I-20 or DS-2019 are required to pay a SEVIS Nonimmigrant fee. A modification to Form I-515A, Notice to Student and Exchange Visitor, has been made to address situations where a student or exchange visitor's SEVIS Fee payment cannot be immediately verified. In the event the SEVIS payment cannot be verified, the nonimigrant will be admitted to the United States for 30-days in order to comply with the regulatory requirement. read more...

CBP Instructions on SEVIS Errors - December 2004
All foreign students and exchange visitors issued a SEVIS Form generated on or after September 1, 2004 should present either Form I-797, Reciept Notice, an Internet Receipt Notice, or a Western Union Quick Pay Receiipt confirming payment of the SEVIS fee. If unavailable, a Port of Entry should refer to the student's SEVIS record to verify fee payment. read more...

PERM Rules Published by DOL - December 2004
The Department of Labor (DOL) published its long awaited rules for PERM, the streamlined process for obtaining labor certification, the first stage of the green card process for foreign nationals seeking permanent residence through their employment. PERM will replace the existing process for labor certification. All cases filed under current rules are being transferred to DOL backlog reduction centers (BRCs). Applications filed between now and March 28, 2005 will also be transferred to the BRCs for processing. Once the PERM program officially begins on March 28, the DOL will no longer accept applications for the current RIR or regular labor certification process; all new applications will have to comply with the new PERM requirements.

Legislation Affecting H-1B, L-1 & Prevailing Wage Requirements-November 2004
On November 20, 2004, the House and Senate reached agreement on the Fiscal 2005 Omnibus Appropriations Bill (H.R. 4818).
The H-1B Visa Reform Act of 2004 ---Permanently re-institutes a $1500 fee per H-1B application to U.S. employers hiring foreign workers. The fee, which applies to extensions, renewals, and new H-1Bs, was suspended in October of 2003 when the current H-1B cap of 65,000 was introduced and will supplement job training for U.S. workers. Employers with no more than 25 full-time employees in the U.S. will only be responsible for ½ the fee or $750 per application. The bill also creates an exemption of 20,000 to the current H-1B cap of 65,000 for foreign nationals with a Master’s Degree or higher from U.S. universities (no foreign equivalency). The FY 2005 cap was filled October 1, 2004, but employees with advanced degrees may be eligible for this exemption. The exemption will go into effect 90 days from the President’s signature. Additionally, the bill adds a new “Fraud Prevention and Detection Fee” of $500 for all new H-1B and L visa petitions, as well as new L blanket petitions filed abroad. This fee goes into effect once the President signs the bill.

Finally, the bill requires employers to pay 100% of the prevailing wage. The DOL surveys must now provide 4 levels of wages commensurate with experience, education, and level of supervision, but where 2 level wage surveys are used a formula will be provided for calculating 2 additional intermediate levels.

The L-1 Visa (Intracompany Transferee) Reform Act of 2004--L-1Bs stationed at a location other than that of the petitioning employer must remain under the supervision of the petitioner. This is intended to prevent labor for hire at 3rd party sites and supervision by unaffiliated employers. L-1 Blankets must now work for a foreign division for at least 1 year prior to transferring.

Changes to Social Security Requirements for F-1 Students - September 2004
A Federal Register notice published September 13, 2004 announced that the Social Security Administration (SSA) will require F-1 students to provide evidence of authorization by the school to work, prior to issuance of a Social Security number. This is effective October 13, 2004. F-1 students will also be required to show that they have secured employment or a promise of employment, unless they have an EAD or CPT authorization. read more...

DOS Website Has Visa Wait Times - August 2004
The Department of State Website now includes estimated nonimmigrant processing times for indivdual consular posts. You may now check on this site to find estimated waiting times for interview appointments and visa processing for nonimigrant visas, You should also remember that it is also important to thoroughly review all information on the specific Embassy's Consular Section website for local procedures, instructions and updates. Some consular post websites now allow you to make a visa interview appointment online. read more...

Change in Photo Standard to Take Effect August 2nd 2004
The USCIS announced a change in the photo requirements for all applicants from a three-quarter face position to a standard, full frontal face position to take effect August 2, 2004. USCIS will accept both the three-quarter and the full color front photographs until September 1, 2004. Applications that have already been filed that include the three-quarter standard will not be affected by this change. read more...

ICE Publishes Final Rule Regarding SEVIS Fees - July 2004
Certain international students, exchange visitors and scholars (F, J and M nonimmigrants) attending school or conducting research in the United States will now be required to pay a $100 fee prior to obtaining their visas. Certain J-1 exchange visitor programs will pay a reduced fee of $35 or be fee-exempt. The purpose of the fee is to cover costs for the continued operation of the Student and Exchange Visitor Program (SEVP) and is mandated by the 1996 law establishing the SEVP. Different payment options will be available, including: payment by check, by mail, by credit card via the Internet or by third parities such as schools or sponsors.

Discontinuation of Visa Revalidation in US - July 2004
The State Department announced that applications for visa reissuance accepted in the United States will end on July 16, 2004. The discontinuation of domestic visa reissuance service includes applicants seeking renewals in the C, E. H, I, L, O or P visas. read more...