Premium Processing Extended to Applicants Seeking to Change into F, M, or J Nonimmigrant Status

As part of its campaign to expand premium processing service, United Sates Citizenship and Immigration Services (“USCIS”) announced it will begin to offer premium processing for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, to change into F, M, or J Nonimmigrant Status.  USCIS will offer premium processing to those seeking to change their status to F, M, or J in phases according to the following schedule:

  • As of June 13, 2023, USCIS is accepting premium processing requests for currently pending I-539 applications for those seeking to change status to F-1, F-2, M-1, J-1, or J-2 status.

  • Beginning June 26, 2023, the agency will accept I-907 requests for premium processing requests from applicants filing new I-539 applications to change status to F-1, F-2, M-1, M-2, J-1, or J-2 status.

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Croatia Has Been Added to the Visa Waiver Program

In a September 28, 2021 press release, Secretary of Homeland Security Alejandro N. Mayorkas, in coordination with Secretary of State Antony J. Blinken announced that Croatia will be added as a new participant in the Visa Waiver Program beginning no later than December 1, 2021. Croatia will be the 40th country to be part of the B-1/B-2 Visa Waiver Program (“VWP”), and nationals of Croatia will be able to apply for visa-free visitor travel through the Electronic System for Travel Authorization (“ESTA”).

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As DHS Withdraws Trump-Era Biometrics Rule, USCIS Will Temporarily Suspend Biometrics for Certain I-539 Applicants and Allow Biometrics Phone Rescheduling

Over the past few weeks, both U.S. Citizenship & Immigration Services (USCIS) and the Department of Homeland Security (DHS) made significant announcements regarding biometrics for certain visa applications as a way of addressing the extensive backlogs for these cases.

Suspending Biometrics for Certain I-539 Applicants

First, effective May 17, USCIS announced that they “will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status.” USCIS noted that the agency will permit adjudications for those specific categories to proceed based on biographic information and related background checks, without needing fingerprints and a photograph. The temporary suspension will apply through May 17, 2023, and may be extended or revoked by the USCIS director.

This temporary change in policy will impact applicants seeking an extension of stay or change of status to H-4 (spouses and children of H-1B’s), L-2 (spouses and children of L-1’s), and E (dependents of E-1, E-2 and E-3 principal nonimmigrants) status, whose applications were pending on May 17, 2021 and who have not yet received a biometric services appointment notice, as well as those filing their application after May 17, 2021. Unfortunately, O-3 (spouses and children of O-1s) are not included in the temporary biometrics submission suspension.

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President Biden Signs "Proclamation on Ending Discriminatory Bans on Entry to The United States" to Revoke Trump's Muslim Travel Ban

On Wednesday, January 20, 2021, his first day in office, President Biden signed a “Proclamation on Ending Discriminatory Bans on Entry to The United States” to revoke what has been commonly referred to as the Muslim travel ban, which restricted entry into the United States from primarily Muslim and African countries. Former President Trump had faced numerous legal challenges in enacting his Muslim travel ban but the third version of the ban was upheld by the Supreme court in June 2018.

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Judge Issues Preliminary Injunction Halting Proclamation Suspending Entry of H-1B, H-2B, J-1, and L-1 Workers for Plaintiffs

In early October, Judge Jeffrey S. White of the US District Court for the Northern District of California temporarily blocked further implementation of section 2 of the June 22 presidential proclamation (PP 10052) that suspended entry into the US for H-1B highly-skilled workers, H-2B nonagricultural workers, J-1 exchange visitors including interns, trainees, teachers, camp counselors, and au pairs, and L international intracompany transfers, and all their dependents. This injunction is not nationwide and only applies to plaintiffs and members of the plaintiff groups. In his opinion, Judge White criticized the June 22 presidential proclamation noting it did not address the issue it was supposed to fix, namely helping the domestic economy by providing more job opportunities for Americans. “[T]he Proclamation completely disregards both economic reality and the pre-existing statutory framework. Furthermore, without any consideration of the impact on American firms and their business planning, the Proclamation abruptly changed the scope of immigration policy in the United States.”

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Can I Travel to the US? COVID-19-Related Travel Restrictions and Issues

What a strange and unpredictable year this has been! As countries start to open up their borders to international travelers, the most common question we have been getting over the last few months has been, "Can I travel to the US?" Unfortunately the very lawyerly answer is: "It depends." It depends what country you are coming from. It depends if you have a visa and in what visa category you intend to travel to the US. It depends on whether you have a Green Card. It depends on whether you have a legal permanent resident or US citizen relative. It may even depend on what exactly you intend to do in the US. Below we will try to unravel some of these issues but in many cases there are no clear answers. One caveat: the information about travel to the US is changing on an almost daily basis, therefore more than ever before, if you intend to travel to the US, it is vitally important you check with an immigration lawyer for specific advice on your individual circumstances.

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US Embassies/Consulates To Begin Phased Resumption of Routine Visa Services

After suspending routine visa services at US Embassies/Consulates worldwide in March due to the coronavirus (COVID-19) pandemic, the US Department of State (DOS) announced this week that US Embassies and Consulates abroad will begin the phased resumption of routine visa services with some posts reopening for limited routine visa services as of July 15, 2020. The resumption of routine visa services will occur on a post-by-post basis, the DOS said, and each post will coordinate with the “Department’s Diplomacy Strong framework for safely returning our workforce to Department facilities.”

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President Trump's Announcement on Suspending Immigration to the United States

UPDATE APRIL 23, 2020: President Trump signed a proclamation on suspending entry of immigrants to the US for 60 days.

President Trump announced late Monday night in a tweet that he plans to temporarily “suspend immigration” to the United States, a move he said is needed to protect American jobs and prevent the further spread of coronavirus (COVID-19), which he called “the Invisible Enemy.” White House officials reported that they are drafting an executive order that Trump could sign as early as today. At this time, it is unclear what exactly such an executive order would accomplish. Last month, the State Department canceled most routine immigrant and nonimmigrant visa appointments at US Embassies/Consulates abroad, effectively shutting down nearly all kinds of new travel to the US for nonimmigrants and immigrants. The US has also already enacted restrictions on international travel from Europe, China, and other countries affected by COVID-19, and has placed strict controls at the country’s land borders.

The State Department also stopped all processing for refugee resettlement, while citizenship ceremonies have been suspended as well as in-person services by US Citizenship & Immigration Services (USCIS). It is unclear if the order will simply extend these policies already in effect or if it will go further to suspend Green Card and visa petitions filed by employers.  Once the order is issued, we would expect to have a clearer idea of what to expect. We will publish additional updates on the executive order as soon as we receive them.   

UPDATE APRIL 22, 2020:  Yesterday, President Trump provided some additional details about his proposed immigration ban. He indicated that foreign nationals would not be able to file immigrant visa applications for sixty days. Those with nonimmigrant visas (like O-1, H-1B, TN, E-3, P-1, J-1, F-1, etc.) would not be affected by the restrictions. Since the president has not signed the final order yet, some of this may change but we will continue to update this page as we receive guidance and information.

US Embassy/Consulate Visa Appointment Cancellations (UPDATED JULY 20, 2020)

UPDATE JULY 20, 2020: US Embassies/Consulates around the world will begin the phased resumption of some routine visa services, with some resuming services as of July 15, 2020.

Many US Embassies and Consulates around the world have canceled routine nonimmigrant and immigrant visa appointments in response to the spread of coronavirus (COVID-19). In this post, we have included cancellation information for select US Embassies and Consulates. The US State Department also has a dedicated page with links to each nation’s US embassy that provides specific information regarding COVID-19 including information regarding health services, recommendations, and, if applicable, notification of the reduction or suspension of visa services. While not every embassy page is updated, many have useful and relevant information for travelers. Additionally, The Gate, a blog focusing on travel, has provided a full list of countries and territories that have travel restrictions as a result of COVID-19. 

Argentina 
Effective March 16, the US Embassy in Buenos Aires has cancelled routine nonimmigrant visa appointments. They will resume routine visa services as soon as possible. The MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. Travelers who have an urgent matter and need to travel immediately should follow the guidance provided under the “Expedited Appointments” tab on the embassy webpage page to request an emergency appointment.

Canada
Effective March 17, 2020, the US Embassy and all Consulates General in Canada have cancelled all routine nonimmigrant visa appointments. They do not know when they will resume appointments.  Travelers who have an urgent matter and need to travel immediately should follow guidance provided at https://ais.usvisa-info.com/en-ca/niv to request an emergency appointment. The Consulate General in Montreal at this time continues to process immigrant visas but depending on staffing capacity and host government restrictions, they may reduce routine immigrant visa appointments, and will notify applicants if necessary to reschedule.

Chile
Nonnimigrant visa processing is suspended effective March 16 through March 31, 2020. Those who have an urgent need to travel immediately should follow guidance provided at https://ais.usvisa-info.com/en-cl/niv/information/faqs#need_earlier_appt to request an emergency appointment.

France
Effective March 16, 2020, the United States Embassy in Paris, France is cancelling routine immigrant and nonimmigrant visa appointments. The embassy will resume these routine visa services as soon as possible but they are unable to provide a specific date at this time. Note that the MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. Applicants who need to travel immediately because of an urgent matter should follow instructions here, or contact fae_contactus+fr+mrv+en@visaops.net or call +33 1 82 88 29 57 (if in France) or +1 703 543 9342 (if in the US), to request an emergency appointment.

Mexico
US Embassy and Consulates in Mexico have indefinitely suspended all nonimmigrant visa and immigrant visa appointments. Biometric appointments will be cancelled via email. Nonimmigrant visa applications will be accepted on a limited basis for emergency travel only and applicants should make the request for an emergency appointment at https://ais.usvisa-info.com/en-MX/niv. For case-specific inquiries for nonimmigrant visas, please contact the Embassy at mx.usembassy.gov/es/visas-es/contactenos-form. For immigrant visa inquiries, applicants can find instructions on how to contact staff at ais.usvisa-info.com/es-mx/iv/information/contact_us.

The Netherlands 
The US Consulate Amsterdam will limit consular services as of March 17th, in response to the Dutch Government’s March 15 decree establishing country-wide school and cultural closures to prevent the spread of COVID-19. Consequently, all scheduled regular appointments are cancelled until further notice. Emergency visa processing will continue. For updates on COVID-19 please consult the embassy website and https://www.rivm.nl/en.

United Kingdom
The US Embassy in London is cancelling all nonimmigrant and immigrant visa appointments effective March 17, 2020. The MRV fee is valid and may be used for a visa application in the country where it was purchased within one year of the date of payment. At this time there is no indication when appointments will resume. Applicants who recently had appointments at the Embassy have reported that the consular officer told them the Embassy is not printing visas at this time due to the coronavirus (COVID-19) pandemic.

Switzerland
Effective March 16, 2020, US Embassy Bern has suspended routine consular services. The embassy will also be closed on March 17 and resume limited operations on March 18.  Emergency American Citizens Services, including emergency passport issuance, continue to be available. Please visit the embassy website for additional information or to schedule an appointment. The US Consular Agencies in Geneva and Zurich will remain closed effective immediately until further notice.

 We will post additional updates as we receive them.

Can I Freelance on My Nonimmigrant Visa? Limitations and Opportunities in the US Immigration System

It is more and more common for people to want to structure their careers free from the ties of a standard employer/employee relationship. What used to be the standard nine-to-five job with the same employer is becoming less and less suited to the new ways that people work. For many people who work in the arts especially, working on projects for multiple employers is the best way to structure their work. However, doing myriad projects for multiple clients or employers can be challenging under the current immigration system and visa structures. While the US has a clear interest in protecting US workers and ensuring foreign nationals do not come to the US without actual work lined up, the immigration system fails to properly allow for the increasing trend of people working under a freelance model.

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