Recent media coverage has sparked concerns about international travelers entering the US, including the possibility of delays or denials at the US border, especially for travelers with ties to certain countries or political issues. While headlines may amplify isolated incidents, it is important to understand what the actual risks are, and are not, for different categories of travelers. The looming threat of a travel ban being instituted for nationals of certain countries by the Trump administration may also impact some foreign nationals, even if they have valid visas, potentially preventing them from re-entering the country should the ban be imposed while they are outside of the US. In an effort to provide clarity and help travelers make informed decisions before planning a trip abroad, we are providing a brief guide in an effort to minimize concerns and flag any potential areas of concern.
Read moreVisa Options for Social Media Influencers and Content Creators
I remember when I first downloaded Instagram on my iPhone. Like many others, I instantly fell in love with the app. Even if I was in my office in Manhattan on a freezing cold gray winter day, with Instagram I could be transported to a new restaurant in Mexico City, an art exhibit in Buenos Aires, or an oceanside bungalow in the Maldives (preferably sipping a delicious beverage). Sure, not all the photos in my feed were so glamorous or exciting—I still got plenty of food photos from my friends and family (looks delicious, mom!)—but, as trite as it sounds, Instagram opened a whole world of sights, people, and experiences (not to mention memes).
And thanks to Instagram and other social media platforms, we have influencers and content creators, two professions that have always existed in some form but not quite in the same powerful way as they do now. In this post, we’ll discuss US visa options for social media influencers and content creators looking to expand their horizons to the US. As always, this is a general post for informational purposes only. Any influencer or content creator should DM aka consult a qualified immigration attorney to discuss their specific situation.
Read moreWhy Have One When You Can Have Four: The State Department’s Four Visa Appointment Scheduling Portals
Over the years I’ve seen firsthand as an immigrant and immigration attorney how the consular process has changed and evolved at US Embassies/Consulates around the world. There was a time when, for example, the only way visa applicants could schedule a consular appointment at the US Embassy in London was to call a number. You know, use a landline. Talk to a human. Online scheduling was not possible. Those days are long gone.
Read morePremium 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.
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”).
Read moreAs 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.
Read morePresident 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.
Read moreJudge 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.”
Read moreCan 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.
Read moreUS 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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