On Dec. 21, 2023, the US Department of State (DOS) published a proposed rule, “Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens.” It announced what has been long anticipated: a program to allow certain H-1B visa holders to renew their visas while they reside in the United States.Continue Reading H-1B visas for applicants present in the US to be renewed again
The President issued the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” on June 22, 2020, limiting the admission of certain foreign nationals to the United States. This Proclamation includes an introduction describing the high unemployment rate resulting from the COVID-19 pandemic and the economic dislocation as justification for this ban on the admission of certain temporary visas. The President also extended the 60 day limitation of immigrant visas announced in the April 22, 2020 Proclamation until Dec. 31, 2020. In addition to the bar for immigrant visas, the Proclamation also bars foreign national citizens outside the United States who seek to enter with an H-1B, H-2B, L-1 and certain categories of J-1 nonimmigrant visas. The Proclamation does not apply to any person currently in the United States, and therefore will not affect extensions of status for H-1B, H-2B or L-1 (Persons in J-1 status are admitted for the “duration of status” and therefore generally do not require an extension.) The Proclamation takes effect on Wednesday, June 24, 2020 and will continue until Dec. 31, 2020, although the text of the Proclamation suggests it could be continued beyond this date.
Continue Reading Presidential Proclamation limits nonimmigrant employment visas
President Trump issued three Executive Orders during the first week of his administration to fulfill his campaign promises. During the campaign, President Trump promised to build a wall along the southern border with Mexico and to impose a ban on the admission of Muslims until the new Administration could impose “extreme vetting” of all non-citizens admitted to the United States. A third Executive Order seeks to withdraw federal funding for sanctuary cities. The implementation of these Orders has been uneven, instilling fear and uncertainty among travelers, their employers and families, leading to numerous demonstrations in cities and at airports throughout the country.
While the three orders addressed different aspects of immigration, the most impactful order was the third one signed and immediately implemented on the late afternoon of Jan. 27, 2017. This order, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” suspended immediately the admission of all refugees for 120 days, Syrian refugees indefinitely and it prohibited the admission of all citizens from seven designated countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) with both immigrant and nonimmigrant visas for 60 days. Certain diplomatic visa holders were exempted from the Executive Order. While the Order provided for individual exemptions on a case by case basis, in the national interest, the standards and the procedures to apply for this exemption were not identified in the Order.
Continue Reading President Trump’s immigration Executive Orders
Special thanks to summer associate Sara Schiavone for her work on this blog post.
Human resource professionals who are managing the immigration processing for Indian nonimmigrant employees should be aware of the increased processing times for the visa application at consulates in India. The extraordinary increase in routine processing for nonimmigrant visas requires significantly more planning to avoid long periods of non-productivity while employees are stranded abroad waiting for a visa appointment.
It was not that long ago that one week was seen as a standard timeframe to receive an interview appointment. However, applicants now experience wait times as long as four months. As of July 2016, current wait times for nonimmigrant visa (NIV) interview appointments other than B (visitor), F (student) and J (exchange visitor) at the following consular posts are:
Continue Reading Long wait times for Indian nonimmigrant visas merit human resources planning