A significant policy change has narrowed dramatically the interview waiver eligibility. See the updated alert. Some of our clients and readers are aware that in March 2012, the U.S. Embassy in India introduced the Interview Waiver Program (IWP) which allows eligible individuals to apply for certain types of visa without being interviewed in [...]
The U.S. Citizenship and Immigration Service (USCIS) is set to begin accepting H-1B visa applications pursuant to its Fiscal Year 2013 (FY2013) quota. The first day on which USCIS will accept new, cap-subject H-1B petitions, is Monday, April 2, 2012. About the H-1B Program and the Annual Cap The H-1B visa category was created in [...]
Due to the significant number of PERM-based green cards and H-1B work visa applications (including the required Labor Condition Application, or LCA), our office constantly monitors developments at the Department of Labor (DOL) which controls the review of PERM and LCAs. As of October 5, 2011, DOL has shared some important statistics about their processing [...]
We have clients and our office handles a number of U.S. visa applications submitted in Canada. Accordingly, we wish to report on a new appointment service for all U.S. visa applicants in Canada, which becomes effective on September 1, 2010. As of September 1, 2010, all services -- including calling for information and scheduling an [...]
The Department of State (DOS) issued an advance copy of the interim final rule on the Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates. The notice was published today at the Federal Register. According to the notice, the new rule will become effective on June 4, 2010 (15 days [...]
Generally, the U.S. Department of State likes to process visas at the consulate located at the applicant's home country. Howevre, U.S. consulates in Mexico and Canada have the practice of allowing third-country nationals (TCN) to apply for a U.S. visa stamp in addition to their home country. However, recent AILA interactions with the Department of [...]
The U.S. Citizenship and Immigration Service (USCIS) is set to begin accepting H-1B visa applications pursuant to its Fiscal Year 2011 (FY2011) quota. The first day on which USCIS will accept new, cap-subject H-1B petitions, is April 1, 2010. About the H-1B Program and the Annual Cap The H-1B visa category was created in 1990 [...]
The Department of State (DOS) announced recently that it is changing the procedure for K-3 (spouse) visa applications filed at U.S. consulates abroad. The procedure is effective February 1, 2010, and applies in cases where the I-130 immigrant petition and the I-129F K-3 petitions are both approved and sent to the National Visa Center (NVC). [...]
We have been receiving a number of inquiries from prospective clients who are interested in switching to F-1 student visa status using a Form I-20 issued by a English as Second Language (”ESL”) school or a community college. In our experience, USCIS (if the change of status is requested from within the U.S.) or the [...]
The Government Accountability Office (GAO) has commented on the program announced recently by USCIS which aims to pre-register all travelers to the U.S. coming from Visa Waiver Program (VWP) countries. We wrote extensively about the program earlier in June. Under the new program, which is optional until January, when it becomes mandatory for all of VWP travelers from 27 countries, all travelers to the U.S. must pre-register before traveling to the U.S. through an online system by entering personal information such as passport number, intended dates of travel, etc. If the system rejects the pre-registration, the traveler must apply for a visa at the U.S. consulate. Please read the rest of the article on details about the anticipated visa processing backlogs.