News

Each day in the news there are reports of individuals being denied reentry into the U.S. We anticipate that the official rules concerning travel and visa issuance will be evolving, so it is important to keep an eye out for the latest news developments. In the meantime, until there is more certainty, the practical questions people are asking are whether they can travel, whether they should travel, and if they travel how best to prepare themselves.

Our recommendation is that you should avoid unnecessary international travel until there is more certainty about the rules concerning travel and reentry into the...

On March 12, 2025, the US Department of Homeland Security (DHS) will be publishing an Interim Final Rule which will take effect within 30 days requiring individuals to register their presence and provide their fingerprints if they are in the US for 30 days or more. There are some exceptions. The following is provided for educational purposes and we will continue to monitor this.

Of particular note is that those with children in the US as nonimmigrants must be mindful that their children will need to register and appear for fingerprinting within 30 days of turning 14.

Also, Canadians entering...

Foreign national travelers renewing U.S. visas may now encounter a new challenge following a recent change to the visa interview waiver process.

Whenever a foreign national enters or returns to the U.S., the individual must carry a valid passport, proof of status in the U.S. (e.g., nonimmigrant petition approval notice in many cases), and a valid U.S. visa for the corresponding status. Such visas are obtained at U.S. Consulates operated by the U.S. Department of State (DOS). For those individuals renewing their visas, there has been an option to bypass an in-person interview. This option is now facing...

For non-profit organizations involved in research activities, hiring foreign workers under the H-1B visa category can be a viable path to access specialized skills and expertise. However, navigating the complexities of H-1B regulations is essential to ensure compliance and maximize the chances of a successful application. Below are some of the considerations non-profit employers must keep in mind to qualify under the definition of 8 CFR 214.2 (h) (19) (iii) (C).

The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations. To qualify for H-1B sponsorship, the position must be a specialty occupation. This typically means...

What is administrative processing?

In order for many individuals to enter the U.S., they will first need to obtain an actual visa from the U.S. consulate outside of the U.S. by their home. In addition to ensuring that an individual meets all of the legal requirements for the specific visa sought, consular officers have discretion to require additional security clearances before approving visa applications. When additional time is needed, the consular office will place an application in a process referenced as “administrative processing,” which is often code for more security clearance. Should your application be subject to this security clearance...

Understanding Cap-Exempt H-1B Employers: What You Need to Know

The H-1B visa program is a popular route for foreign professionals to work in the United States, but it comes with an annual cap limiting the number of visas available. However, not all H-1B employers are subject to this cap and there are options to avoid it.

What is a Cap-Exempt H-1B Employer?

In the H-1B visa program, there are two types of employers: cap-subject and cap-exempt. Cap-subject employers must compete for a limited number of H-1B visas each fiscal year, which are typically allocated through a lottery system. The annual...