Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

U.S. Department of State Increases NIV Visa Fees on May 30 2023

4/5/2023

The Department of State published a Final Rule regarding increases to certain nonimmigrant visa application (NIV) processing fees and the Border Crossing Card (BCC) for Mexican citizens age 15 and over. These increases were published in the Federal Register on March 28, 2023 and will be effective on May 30, 2023.

he fee for visitor visas for business or tourism (B1/B2s and BCCs), and other non-petition based NIVs such as student and exchange visitor visas, will increase from $160 to $185.

The fee for certain petition-based nonimmigrant visas for temporary workers (H, L, O, P, Q, and R categories) will increase from $190 to $205.

The fee for a treaty trader, treaty investor, and treaty applicants in a specialty occupation (E category) will increase from $205 to $315.

The fees for most non-petition based NIVs were last updated in 2012, and certain other NIV fees were last updated in 2014.

Other consular fees are not affected by this rule, including the waiver of the two-year residency required fee for certain exchange visitors.

Additional fee information can be found on the Bureau of Consular Affairs website, travel.state.gov, and on the websites of U.S. embassies and consulates.

С 30 мая 2023 повышаются госпошлины за многие не-иммиграционные визы.

Например, туристическая виза будет стоить 185 долларов. Некоторые рабочие визы будут стоить 205 долларов, неиммиграционные визы инвесторов 315 долларов.

Последний раз цены были повышены в 2014 году.

Please read more here.

Global Visa Appointment Wait Times

11/10/2022

The estimated wait time to receive an interview appointment at a U.S. Embassy or Consulate can change weekly. These are estimates only and do not guarantee the availability of an appointment.

Note: Embassies and Consulates may have a separate process for visa cases where the in-person interview requirement is waived. In general wait times for those cases are shorter, but they are not reflected in the table below. Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Here is the global visa wait times link.

На официальном вебсайте Госдеп США еженедельно публикует список сроков ожидания интервью на не-иммиграционные визы в посольствах и конслуьствах США по всему миру.

Этот список полезен для выбора посольства, куда лучше подать заявление на туристическую или студенческую визу, т.к. сроки ожиданяи интервью очень различаются по разным посольствам.

Информация обновляется каждую неделю:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/global-visa-wait-times.html

Eligibility for a Visa Interview Waiver Extended to 48 Months After Expiration

4/14/2021

Expansion of Interview Waiver Eligibility to 48 months after a previous visa expiration.

The U.S. Department of State has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification.
Previously, only those applicants whose nonimmigrant visa expired within 24 months were eligible for an interview waiver. The Secretary has temporarily extended the period to 48 months. This policy is in effect until December 31, 2021. This change will allow consular officers to continue processing certain nonimmigrant visa applications while limiting the number of applicants who must appear at a consular section, thereby reducing the risk of COVID-19 transmission to other applicants and consular staff. Travelers are encouraged to review the website of the nearest U.S. embassy or consulate for detailed information on what services are currently available as well as eligibility information and instructions on applying for a visa without an interview.

In Russian:

Получение неиммиграционных виз без интервью в консульстве США было временно до 31 декабря 2021 продлено до 48 месяцев после истечения срока действия предыдущей визы в той же категории.

More information is here.

Nonimmigrant visa fee to USA for citizens of Russia

3/1/2019

C 4 марта 2019 сбор за визу в США для россиян будет 160 долл. США за все виды виз, выдаваемых в соответствии с двусторонним Соглашением 2011 года об упрощении визовых формальностей.

Недавно сбор за визы был увеличен. Но теперь с 4 марта сбор возвращается к старой сумме 160 долларов США.

As was announced on March 1, 2019, starting on March 4, 2019, a visa fee for most nonimmigrant visas issued at the US Consulates in Russia will be reduced to US$160 (the fee was recently changed, but will be back to $160 effective 3/4/19).

Сообщение МИД России тут.

How to Check a Non-Immigrant Visa Appointment Wait Times at U.S. Embassies and Consulates?

1/10/2019

How to Check a Non-Immigrant Visa Appointment Wait Times at Different U.S. Embassies and Consulates Around the World?

If you plan to apply for a nonimmigrant visa to come to the United States as a temporary visitor, please review the current wait time for an interview using the tool at the link below. Examples of nonimmigrant visas: student F-1, visitor B-1/B-2, exchange visitor J-1, H-1B, L visa, etc.

Please note that K-1 fiancee visa is a nonimmigrant visa which has its own scheduling system because it is processed at the Immigrant Visa Unit of the U.S. embassy or consulate.

Click here for visa appointment times.

To schedule a consultation with an attorney, please email.

Update on a Visa Waiver Program

12/22/2017

On December 15, 2017, the USCIS (DHS) announced that it would implement enhanced security measures for the Visa Waiver Program as part of the administration’s ongoing counterterrorism efforts.

The Visa Waiver Program allows certain citizens of 38 countries to travel to the United States for tourism or business purposes for up to 90 days without a visa. Visa Waiver Program countries include many European countries, Australia, New Zealand, South Korea, Singapore, and Japan. To be eligible for the Visa Waiver Program, a foreign national from one of the 38 designated countries must meet the following general requirements:

possess an e-Passport (i.e., an enhanced secure passport with an embedded chip containing the individual’s biographic information);
have applied for and received advance authorization through DHS’s Electronic System for Travel Authorization (ESTA) prior to travel;
have not traveled to or been present in Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited diplomatic or military exceptions); and
not be a dual national of a Visa Waiver Program country and Iran, Iraq, Sudan, or Syria.

The new restrictions on a Visa Waiver Program 12/15/2017: no implementation timeline was announced yet.

(1) Visa Waiver Program countries must begin utilizing U.S. counterterrorism information to screen all travelers entering those countries from elsewhere.

(2) Airports in eligible countries must also utilize the same U.S. data to screen their own employees as a means of safeguarding the United States against threats by foreign airport workers.

(3) DHS will focus on limiting the number of Visa Wavier Program travelers who overstay their maximum-allowed 90-day admission period. DHS will attempt to force countries with overstay rates of 2 percent or greater to conduct public awareness campaigns for their citizens, to educate them not to overstay, not to work without a work authorization, and about the penalties (unable to change status, adjust status, ban on future travel to USA). According to DHS data for FY 2016, only four countries out of 38 Visa Waiver countries currently meet the 2 percent threshold: Hungary, Greece, Portugal, and San Marino.

Travel Ban or Muslim Ban 3 Goes Into Effect While Appeals Are Pending

12/5/2017

On Monday, December 4, 2017, the U.S. Supreme Court issued two orders staying lower courts’ (Maryland & Hawaii) preliminary injunctions of President's September 24, 2017 presidential proclamation or 3rd travel ban.

Accordingly, President's most recent travel ban, so-called Muslim Ban 3, will go into effect while the appeals are pending. The U.S. Supreme Court encouraged the appeals courts to quickly decide whether the most recent travel ban was lawful.

The September 24, 2017, Presidential Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats indefinitely blocks the entry for certain individuals from eight countries: Iran, Iraq, Libya, Chad, North Korea, Syria, Somalia, Venezuela and Yemen.

Travel Restriction for Nationals of Eight Countries – Chad, Iran, Libya, North Korea, Somalia, Venezuela, Syria, and Yemen

General Rules:

Only applies to individuals who are (i) outside of the U.S. on the day the travel ban goes into effect, and (ii) who do not have a valid visa on the day travel ban goes into effect, and (iii) who have not obtained a waiver under Section 3(c) of the Proclamation
Does not apply to:
- Lawful permanent residents (green card holders);
- Individuals admitted or paroled into the U.S. on or after the effective date;
- Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date;
- Dual-nationals traveling on a passport from a non-designated country;
- Individuals granted asylum;
- Refugees already admitted to the U.S.; or
- Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture

Previously-Impacted Countries – Restrictions Effective Immediately:

Iran
- Effective immediately, immigrant and nonimmigrant entry are suspended for Iranian nationals except for those with F, J, or M visas.
- Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
Libya
- Effective immediately, immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended except those with a bona fide relationship to the U.S.
Somalia
- Effective immediately, immigrant visas are suspended for Somali nationals
- Non-immigrant visas are permitted, subjected to heightened screening.
- The bona fide relationship exemption ends October 18, 2017.
Syria
- Effective immediately, immigrant and nonimmigrant entry is suspended for Syrian nationals
Sudan
- Sudan was removed from the list of restricted countries in MB-4.
- Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
Yemen
- Effective immediately, all immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended,

Newly Impacted Countries (Added):

Chad
- All immigrant visas and with nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S.
North Korea
- All immigrant and nonimmigrant visa holders are suspended from entering the U.S.
Venezuela
- The entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
- Per Section 3(b)(v) of MB-4, certain Venezuelans traveling on diplomatic visas are not affected by this order.

Waivers:

If you are from one of the countries covered by the travel ban and do not yet have a valid U.S. visa, you cannot obtain a visa at this time unless you qualify for a waiver. Consular officers may, on a case-by-case and discretionary basis, grant a waiver to affected individuals for certain reasons. To obtain a waiver and a visa, the person seeking admission must prove:

denying entry to the U.S. would cause the foreign national undue hardship;
admission would not pose a threat to the national security or public safety of the United States;
entry would be in the U.S. national interest.

Travel Risks for People from Affected Countries with Valid Visas:

If you are from one of the impacted countries and hold a valid visa, you may be able to apply for admission to the United States. The newest travel ban states that no visas will be automatically revoked and that those with a valid visa are not covered by the travel ban. However, travel outside the United States at this time carries risk.

Travel Ban 3.0 or Muslim Ban Revised: Presidential Proclamation September 24 2017

9/28/2017

On September 24, 2017, the White House issued a Presidential Proclamation which replaced expiring portions of the President's March 6, 2017 Executive Order, Travel Ban 2.0, and expanded the list of the banned countries to eight.

The following eight countries are now subject to travel restrictions (travel ban): Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia.

There was no clear explanation why the U.S. ally in Africa, Chad, was added to the list of the banned countries.

Iraq and Sudan were removed from the travel ban list, but the Proclamation Travel Ban recommends “additional scrutiny” for nationals of Iraq and Sudan.

This travel ban applies differently to citizens of different banned countries:

** Citizens of North Korea are barred from all types of immigrant and nonimmigrant entry into the United States;

** Citizens of Chad are only barred from entering on immigrant visas and on non-immigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas; and

** Citizens of Iran are barred in all immigrant and nonimmigrant categories except for student (F and M) and exchange visitor (J) visas. Therefore, it is expected that visa issuance and entry in categories not subject to the ban will continue uninterrupted.

The Proclamation Travel Ban goes into effect on different dates for different countries.

For foreign nationals already subject to the Travel Ban 2.0 and who do not have a bona fide relationship with a person or entity in the US, the restrictions in the Proclamation Travel Ban went into effect immediately on September 24, 2017. For all nationals of the recently added countries, travel ban will apply on October 18, 2017.

Effective October 18, 2017, the proclamation appears to get rid of the “bona fide relationship” protection implemented by the Supreme Court under its temporary ruling on the EO Travel Ban 2.0, which exempted travelers with certain qualifying family and employment relationships in the US. Most likely, this issue will be litigated again.

Contrary to the Travel Ban 2.0, the new Proclamation Travel Ban has no expiration date. Government agencies will be presenting reports every 180 days, and the Travel Ban 3.0 can be revised based on the reports and recommendations.

Additional countries may be added in the future.

Countries may be removed if they are recommended for removal by the DHS, in consultation with US Department of State and other relevant US agencies.

The new Proclamation Travel Ban 3.0 does not apply to certain categories of travelers:

Lawful permanent residents..
Travelers who already hold a valid US visa.
Dual citizens of the designated (banned) countries who are traveling on the passport of a non-designated country.
People already granted asylum in the US or admitted to the US in refugee status, and those already granted withholding of removal, advance parole, or protection under the Convention Against Torture.
People traveling with a document other than a visa valid on the effective date (for example, an advance parole document) that permits them to travel to the USA .
Holders of diplomatic visas, NATA visas, UN C-2 visas, G-1, G-2, G-3, and G-4 visas;

A case-by-case waiver may be issued by consular and border officers when determined to be appropriate. The waiver grant guidance is expected to be released soon by the US Department of State. The waiver guidance will consider the US national interest and potential security risks for each individual, among other categories.

Full test of the Presidential Proclamation is here.

US Embassy in Russia Suspended Issuance of Nonimmigrant Visitor Visas

8/21/2017

Effective August 23, 2017, the U.S. Embassy suspended issuing nonimmigrant visas for eight days until September 1, 2017 in response to the Russian decision to cut embassy and consulate staff in Russia by 755, or by two-thirds.

The embassy would resume issuing visas in Moscow consulate only on September 1 2017, but will no longer issue any visas at the U.S. consulates in St. Petersburg, Yekaterinburg and Vladivostok indefinitely.

It's expected that visitor visa appointment wait time could be as long as six months!

Nearly a quarter of a million Russian tourists visited the U.S. last year, according to Russian tourism officials.

In August 2017, Russia ordered the U.S. to cut its embassy and consulate staff in Russia by 755. Congress approved sanctions against Russia for meddling in the 2016 U.S. election and for its aggression in Ukraine and Syria.

Read more here.

Briefly in Russian:

С 23 августа по 1 сенбября 2017 США временно приостановили выдачу гостевых и других неиммиграционных виз в России.

После 1 сентября 2017 только консульство США в Москве будет выдавать визы. Три оставшиеся консульства прекратят выдачу виз на неопределенное время.

Ожидается, что сроки выдачи виз затянулся до 6 месяцев. Эта мера - последствие августовских санкций и выдворения 755 сотрудников американского посольства из России.

Extreme Vetting: Dept of State May Ask 65,000 Foreigners with Threat Profiles for Extra Information

5/5/2017

On May 4, 2017, the U.S. Department of State published in the Federal Register the following public notice: Public Notice: 9984, Notice of Information Collection Under OMB Emergency Review: Supplemental Questions for Visa Applicants.

"The Department proposes requesting the following information, if not already included in an application, from a subset of visa applicants worldwide, in order to more rigorously evaluate applicants for terrorism or other national security-related visa ineligibilities:

• Travel history during the last fifteen years, including source of funding for travel;
• Address history during the last fifteen years;
• Employment history during the last fifteen years;
• All passport numbers and country of issuance held by the applicant;
• Names and dates of birth for all siblings;
• Name and dates of birth for all children;
• Names and dates of birth for all current and former spouses, or civil or domestic partners;
• Social media platforms and identifiers, also known as handles, used during the last five years; and
• Phone numbers and email addresses used during the last five years.

Most of this information is already collected on visa applications but for a shorter time period, e.g. five years rather than fifteen years.

Requests for names and dates of birth of siblings and, for some applicants, children are new. The request for social media identifiers and associated platforms is new for the Department of State, although it is already collected on a voluntary basis by the Department of Homeland Security (DHS) for certain individuals.

The estimated number of respondents represents the estimate of relevant State Department officials that 0.5% of U.S. visa applicants worldwide, or in the range of 65,000 individuals per year, will present a "threat profile", based on individual circumstances and information they provide, that will lead U.S. consular officers at posts around the world to conclude the applicant warrants enhanced screening that takes into account the information that is proposed to be collected."

"Regarding travel history, applicants may be requested to provide details of their international or domestic (within their country of nationality) travel, if it appears to the consular officer that the applicant has been in an area while the area was under the operational control of a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act, 8 U.S.C. 1182(a)(3)(B)(vi). Applicants may be asked to recount or explain the details of their travel, and when possible, provide supporting documentation."

"This information collection implements the directive of the President, in the Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security of March 6, 2017, to implement additional protocols and procedures focused on ‘‘ensur[ing] the proper collection of all information necessary to rigorously evaluate all grounds of inadmissibility or deportability, or grounds for the denial of other immigration benefits.’’

Extreme vetting or enhanced screening protocols will not apply to all visa applicants, but to select ones, who present potentially a "threat profile".

In Russian:

В исполнение указа президента США от 6 марта 2017, Госдеп США опубликовал план новой программы усиленной проверки подозрительных заявителей на визу, так называемых "threat profiles".

Усиленной проверке будут подвергаться не все заявители на визу, а выборочная группа лиц. Например, лица, которые подозреваются в связи с террористическими организациями, которые путешествовали в старын или регионы, где такие группы существуют.

По расчетам Госдепа США, такх лиц наберется около 65 000 в год, то есть пока они не собираются применять эти меры ко всем заявителем на визу.

4 мая 2017 Госдеп опубликовал новый список мер:

Требование предоставить историю поездок за границу за последние 15 лет.
Возможны детальные расспросы о поездках на интервью на визу, и затребование документов.
Все адреса проживания за последние 15 лет.
Трудовая история за последние 15 лет.
Все номера паспортов и страны выдавшие паспорта
Имена и даты рождения всех братьев и сестер.
Имена и даты рождения всех детей, вне зависимости от возраста, проживания
Имена и даты рождения всех бывших мужей и жен. А также всех гражданских жен и мужей (это совершенно новое требование, которое может быть истолковано очень широко)
Все ваши аккаунты на социальных платформах social media accounts, которыми вы пользовались в последние 5 лет. (Они пока не указывают, что будут тредовать пароль или доступ, а только указать имя на аккаунте)
Все номера телефонов и email addresses, которыми вы пользовались в течение последних 5 лет.

Unknown artist "Battle of Yuri Gagarin and Darth Vader"

B-2 / B-1 visitor or tourist visa denial rates for FY 2015 from the US Department of State.

5/3/2016

The denial rates vary from 0% in San Marino, Liechtenstein, and Andorra to 96% in Republic of Palau, 63% Syria, 34% Ukraine, 13% Belarus, and 10% Russia.

Please note that this applies only to applications for B-1 and B-2 visitor or tourist visa.

If you have questions or need help applying for your visitor or tourist visa to the United States, please email an attorney to schedule a consultation.

По-русски: статистика отказов в выдаче гостевой или туристической визы в США в 2015 году.
Это относится только к визе B1 | B2.
Украина - 34% заявлений отказано.
Россия - 10% заявлений отказано.
Беларусь - 13% заявлений отказано.
Грузия - более 50% отказано.
Франция - 16% отказано.
Казахстан - 12.7% отказано.
Молдова - 42% отказано.
Узбекистан - 50% отказано.
Таджикистан - 44.44% отказано.

Interesting and detailed statistics for the last fiscal year 2015 can be found here:
https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY15.pdf

New Redesigned ESTA Website for Visa Waiver Program Visitors VWP.

9/15/2015

U.S. Customs and Border Protection launched today the redesigned website for Visa Waiver Program (VWP) visitors to apply for an Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. The new website makes the process of applying for an ESTA more user-friendly and will improve and better facilitate the experience for VWP travelers wishing to visit the United States.

Some of the new and updated features include:

Access to frequently asked questions at any time during the application process.
Mobile-friendly design allows VWP visitors to apply and check the status of their ESTA using their smartphones.
Users will be able to translate the page into a different language at any point in the application by choosing one of the 23 languages in the language selector.
The Group feature has been moved to the beginning of the application process making it easier for families and groups to submit their applications at once.

VWP visitors who have already applied for an ESTA using the old site will be able to access their ESTA on the new site. Travelers with a valid ESTA will not have to reapply for a new ESTA until their current ESTA expires or they receive a new passport.
CBP reminds VWP visitors that ESTA applications can only be submitted through the official website. ESTA is not affiliated with any third-party sites. CBP recommends ESTA applications be submitted as soon as an applicant begins making travel plans.
The VWP enables nationals of 38 designated countries to travel to the United States for tourism or business purposes for stays of 90 days or less without first obtaining a visa. All nationals or citizens of VWP countries are required to have an approved ESTA prior to boarding a carrier to travel by air or sea to the United States under the VWP. ESTA applications should be submitted at least 72 hours before travel, and once approved, will generally be valid for up to two years or until the applicant’s passport expires, whichever comes first. Authorizations will be valid for multiple entries into the United States.

New redesigned VWP ESTA website at: https://esta.cbp.dhs.gov/esta/

August 17, 2015 USCIS Memo: New L-1B Visa Adjudications Policy for Intracompany Transferees with Specialized Knowledge.

9/3/2015

On August 17 2015, USCIS published L-1B adjudications policy memorandum. New memo provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess "specialized knowledge" from their foreign operations to their operations in the United States.

New memo provides consolidated guidance on the L-1B program, superseding and rescinding all prior L-1B memoranda. This memo applies only to L-1B visas/employees with specialized knowledge (not L-1A visas).

"Preponderance of the Evidence" Standard of Proof: a petitioner seeking approval of the L-1B visa, must establish that they meets each eligibility requirement of the L-1B classification by preponderance of evidence. This standard of proof is lower than that of "clear and convincing evidence" or "beyond a reasonable doubt" standards.

Elements of the L-1B Classification:

In order to establish eligibility for approval, the L-1B petitioner must show:
(1) that the beneficiary possesses “specialized knowledge”;
(2) that the position offered involves the “specialized knowledge” held by the beneficiary; and
(3) that the beneficiary has at least one continuous year of employment abroad in a managerial, executive, or specialized knowledge capacity with the petitioning employer and/or any qualifying organization (collectively referred to as the “petitioning organization”) within the preceding 3 years.

If the beneficiary will be located primarily at the workplace of an unaffiliated company, the petitioner also must establish that the beneficiary is eligible for L-1B classification under the requirements of the L-1 Visa Reform Act, discussed below in section VI.

The new memo provides definition of "specialized knowledge".

A petitioner can demonstrate “specialized knowledge” by establishing either one of two statutory criteria. Under the statute, a beneficiary is deemed to have specialized knowledge if he or she has:
(1) a “special” knowledge of the company product and its application in international markets; or
(2) an “advanced” level of knowledge of the processes and procedures of the company.
INA 214(c)(2)(B).

The corresponding regulation similarly defines specialized knowledge in terms of “special” or “advanced” knowledge:
[S]pecial knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
8 CFR 214.2(l)(1)(ii)(D).

Other important things to keep in mind:
>>Specialized knowledge generally cannot be commonly held, lacking in complexity, or easily imparted to other individuals.
>>Specialized knowledge need not be proprietary or unique to the petitioning organization.
>>The L-1B classification does not involve a test of the U.S. labor market.
>>Specialized knowledge workers need not occupy managerial or similar positions or command higher compensation than their peers.

The memo notes the following "non-exhaustive" list of factors USCIS may consider when determining whether a beneficiary’s knowledge is specialized:

The beneficiary possesses knowledge of foreign operating conditions that is of significant value to the petitioning organization's U.S. operations.
The beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the employer's productivity, competitiveness, image, or financial position.
The beneficiary's claimed specialized knowledge normally can be gained only through prior experience with the petitioning organization.
The beneficiary possesses knowledge of a product or process that cannot be easily transferred or taught to another individual without significant economic cost or inconvenience (because, for example, such knowledge may require substantial training, work experience, or education).
The beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily unique to the petitioning organization.
The beneficiary possesses knowledge that is particularly beneficial to the petitioning organization's competitiveness in the marketplace.

Other evidence that a petitioner may submit to demonstrate that an individual’s knowledge is special or advanced, includes, but is not limited to:
• Documentation of training, work experience, or education establishing the number of years the individual has been using or developing the claimed specialized knowledge as an employee of the petitioning organization or in the industry;
• Evidence of the impact, if any, the transfer of the individual would have on the petitioning organization’s U.S. operations;
• Evidence that the alien is qualified to contribute significantly to the U.S. operation’s knowledge of foreign operating conditions as a result of knowledge not generally found in the petitioning organization’s U.S. operations;
• Contracts, statements of work, or other documentation that shows that the beneficiary possesses knowledge that is particularly beneficial to the petitioning organization’s competitiveness in the marketplace;
• Evidence, such as correspondence or reports, establishing that the beneficiary has been employed abroad in a capacity involving assignments that have significantly enhanced the petitioning organization’s productivity, competitiveness, image, or financial position;
• Personnel or in-house training records that establish that the beneficiary’s claimed specialized knowledge normally can be gained only through prior experience or training with the petitioning organization;
• Curricula and training manuals for internal training courses, financial documents, or other evidence that may demonstrate that the beneficiary possesses knowledge of a product or process that cannot be transferred or taught to another individual without significant economic cost or inconvenience;
*Evidence of patents, trademarks, licenses, or contracts awarded to the petitioning organization based on the beneficiary’s work, or similar evidence that the beneficiary has knowledge of a process or a product that either is sophisticated or complex, or of a highly technical nature, although not necessarily proprietary or unique to the petitioning organization; and
• Payroll documents, federal or state wage statements, documentation of other forms of compensation, resumes, organizational charts, or similar evidence documenting the positions held and the compensation provided to the beneficiary and parallel employees in the petitioning organization.

A petitioner may submit any other evidence it chooses. In all cases, USCIS will review the entire record to determine whether the petitioner has established by a preponderance of the evidence that the beneficiary has specialized knowledge under the totality of the circumstances. Merely stating that a beneficiary’s knowledge is somehow different from others or greatly developed does not, in and of itself, establish that he or she possesses specialized knowledge. Ultimately, it is the weight and type of evidence that establishes whether the beneficiary possesses specialized knowledge.

USCIS can issue a RFE (Request for Evidence) for various reasons to I-129 Petitioner. Denial rate is high, RFE rate is even higher for L-1B petition. The new memo is intended to help to solve many difficulties with obtaining a L-1B visa for qualifying applicants.

See August 17, 2015 memo at http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2015/L-1B_Memorandum_8_14_15_draft_for_FINAL_4pmAPPROVED.pdf

DHS and the IRS are investigating Chinese "birth tourism" and agencies bringing Chinese mothers to the USA.

5/14/2015

As reported by Bloomberg Business News, birth tourism from China to the US is booming. Although it’s not illegal to travel to the U.S. to give birth, it’s illegal to lie about the purpose of a visit when interviewed by American Consul or by immigration or customs officers at the US airport—or coach someone to do so.

If a woman says she’s traveling to the U.S. to give birth, the consular and customs officers may request proof that she can pay for her hospital stay. (The same would be asked of anybody seeking medical treatment in the U.S.)

Department of Homeland Security and the IRS have been investigating the growing business of “birth tourism,” which operates in a legal gray area, since last June. The industry is totally unregulated and mostly hidden.

No one knows the exact number of Chinese birth tourists or services catering to them. Online ads and accounts in the Chinese-language press suggest there could be hundreds, maybe thousands, of operators. A California association of these services called All American Mother Service Management Center claims 20,000 women from China gave birth in the U.S. in 2012 and about the same number in 2013. These figures are often cited by Chinese state media, but the center didn’t reply to a request for comment. The Center for Immigration Studies, an American organization that advocates limiting the scope of the 14th Amendment, estimates there could have been as many as 36,000 birth tourists from around the world in 2012. Estimated fees paid by Chinese birth tourists to the agencies catering to them are around USD30,000 to USD60,000.

Department of Homeland Security declined to discuss the investigation because it is ongoing, but the agent in charge said: “Visa fraud is a huge vulnerability for the country. These women allegedly lied to come have a baby. Other people could come to do something bad. We have to maintain the integrity of the system.”

Read the story here.

Treaty Trader and Treaty Investor E-1 and E-2 visas: effective May 1, 2015, electronic visa application process at the US Consulate in Vienna, Austria.

1/30/2015

Treaty Traders and Treaty Investors Visa E-1 and E-2 visas: new application procedures when applying at the US consulate in Vienna, Austria. Effective May 01, 2015, only electronic submissions will be accepted.The Immigration and Nationality Act provides non-immigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the U.S. and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital which is at risk in a commercial sense.

TREATY TRADER (E-1) REQUIREMENTS:

The applicant must be a national of a treaty country;
The trading firm for which the applicant is coming to the U.S. must have the nationality of the treaty country. Please note that the nationality of an enterprise is determined by the nationality of the enterprise's owner(s);
The international trade must be "substantial." There must be a sizeable and continuing volume of trade (trade means the international exchange of goods, services, and technology). Title of the trade items must pass from one party to the other;
The trade of the U.S. enterprise must be principally between the U.S. and the treaty country. More than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;
The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skill essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. Please note that a detailed explanation of why the applicant's skills are essential for the enterprise in the U.S. is required.

TREATY INVESTOR (E-2) REQUIREMENTS:

The investor, either a real or corporate person, must be a national of the treaty country;
The investment must be substantial and placed "at risk" and the funds have to be "irrevocably" committed. The investment must be sufficient to ensure the successful operation of the enterprise. If the funds are not subject to partial or total loss if business fortunes reverse, then the investment is not an investment in the sense intended by the Immigration and Nationality Act (INA) 101(a)(15)(E) and in 9 Foreign Affairs Manual (FAM) 41.51.;
The investment must be in a real operating enterprise.Speculative or idle investment does not qualify. Uncommitted funds in a bank account or mere ownership of undeveloped land are not considered an investment. Payments in the form of leases or rents for property or equipment may be calculated towards the investment in an amount limited to the funds devoted to that item in any one month;
The investment may not be marginal. Based on 9 FAM 41.51, the enterprise must either show a financial return that significantly exceeds what is necessary to support a living for the investor or else the enterprise must have the capacity, present or future, to make a significant economic contribution;
The investor must have control of the funds. Loans secured with the assets of the investment enterprise are not allowed. Loans secured with personal assets are acceptable;
The investor must be coming to the United States to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Based on 9 FAM 41.51 Note 14.3 a detailed explanation of why the applicant's skills are "essential" for the enterprise in the United States is required or based on 9 FAM 41.51 Note 14.2 a detailed explanation of why the applicant possesses qualifying "executive or supervisory" experience.

E VISA APPLICATION PROCESSING:

As of May 1, 2015 electronic submission is the only acceptable method for E visa submission! Cases must be submitted to: [email protected].
Please use the e-mail subject line: “Surname, Given Name, Business Name, E Visa Application”. Use this email address for specific E visa questions as well as regarding E visa cases already submitted.
E visa package, submitted electronically, should not exceed 7MB (about 100 pages, pdf only). You may use multiple attachments. Do NOT send “linked” files, as we cannot access or open these. Please scan documents with a maximum of 300 DPI to keep file size small.
Between now and May 1, 2015 E visa applications may either be submitted electronically or as a printed paper version.Please limit paper versions to 100 pages and note that the review for paper versions might take longer. The mailing address for paper applications is: U.S. Embassy, Boltzmanngasse 16, A-1090 Wien, Att: Consular Section/E Visa Unit.

To begin the process to obtain your E visa, follow the instructions (step 1 and step 2) provided on our homepage at:http://austria.usembassy.gov/niv_applic.html. You may submit your E visa package only once you have completed the visa application form DS-160 and paid the application fee.

Case review begins upon receipt of a complete application. Incomplete applications will delay processing. Should your case require additional documentation, this office will contact you or your attorney via e-mail.

Interview scheduling: Please note that all applicants for Treaty Trader/Investor visa will only be able to schedule their appointment for the visa interview only after submitting the request and receiving the approval for appointment from the Embassy. The request can only be approved once the review has been completed.

Formal adjudication of the case begins with the in-person interview. If, after the interview, the case should require additional documentation, you will receive clear guidance from the Consular Officer on what to submit, and by what method.

There are three different categories of E visa submission:

If this is your first E visa, and you are either applying to work as an employee for a new E visa enterprise or you yourself are the investor, you must submit following documentation: Forms DS-160 and DS-156E; the statement about your intent to return upon termination of your E status; and the full E visa documentation package. Full instructions to build an appropriate E visa package are available here:Instructions for Applying for Nonimmigrant E1/E2 Visas.
If you are renewing your E visa, provide the following documentation: Forms DS-160 and DS-156E; the statement about your intent to return upon termination of your E status; a letter from your employer/the U.S. enterprise containing a detailed description of the enterprise’s past and planned activities; proof that the enterprise is still operating, such as copies of the last available U.S. corporate tax returns/updated profit and loss statement/balance sheet/W-2 forms for employees and/or payroll documentation and. Only if there has been a change in the enterprise’s ownership the new ownership documentation needs to be submitted as well.
If this is your first E visa, but you are applying to work as an employee for a previously- qualified E visa enterprise, provide the following documentation: Forms DS-160 and DS-156E; the statement about your intent to return upon termination of your E status; a detailed resume or CV and documentation of your professional qualification (such as copies of education degrees, job training certificates and/or letters from previous employers); a letter of support from your prospective U.S. employer containing a detailed position description; proof that the enterprise is still operating, such as copies of the last available US tax return/updated profit and loss statement/balance sheet/W-2 forms for employees and/or payroll documentation and. Only if there has been a change in the enterprise’s ownership the new ownership documentation needs to be submitted as well.

See more at: Non-Immigrant Visa Section | Embassy of the United States Vienna, Austria

NIV waiver: a visa must be issued within 90 days after a waiver was approved. INA 212(d)(3)(A) waiver.

1/23/2015

A few changes to DOS / US Department of State NIV 212(d)(3)(A) waiver procedure:

Beginning March 16, 2015, a visa must be issued within 90 days of receipt of an approved 212(d)(3)(A) waiver. INA 212(d)(3)(A) waivers are valid for the duration indicated by the ARO officer in the ARIS response. The waiver validity starts on the visa issuance date.(Source 9 FAM 40.301 N8)

See more at DOS website: http://www.state.gov/documents/organization/87150.pdf

Новые визовые правила и анкета для заявителей на визу в Россию. Effective January 26, 2015, applicants for all visas to Russia must use a new visa application requiring detailed travel itinerary.

1/23/2015

С 26 января 2015 г. иностранцы, собирающиеся посетить Россию, для получения визы должны будут указать детальный маршрут предполагаемого пребывания в России. Данные правила прописаны в новой анкете для иностранных граждан, которая утверждена Федеральной миграционной службой (ФМС). Новая анкета обязательна для всех заявителей на визу, независимо от категории, вида и срока действия визы.

Как разъяснили в Ассоциации туроператоров России (АТОР), в маршруте нужно будет указать все населенные пункты, которые иностранец собирается посетить на территории России. Кроме того, в обязательном порядке запрашивается адрес постановки на миграционный учет, сведения о приглашающей и принимающей стороне, передает "Интерфакс".

Источник: http://www.vesti.ru/doc.html?id=2297781&cid=7

How to apply for a Business Visitor Visa, B-1 visa, at the US Consulate abroad.

1/22/2015

Teleconferencing is convenient, but nothing matches the effectiveness of a face-to-face meeting. If you have your business plan, you have made your contacts and are ready to pitch your idea to U.S. investors, you will want to do it in person.

The Business Visitor Visa (B-1) allows for temporary, business-related travel to the U.S. The B-1 visa does not allow you to work or earn money in the U.S. To apply, visit the website of your nearest U.S. embassy or consulate. Fill out the online application to schedule an interview.

At your B1 visa interview, the officer will ask questions that help him or her better understand your need to travel to the U.S. A visa interview is very important when applying for B1 business visa.

Be specific. Tell the interviewing officer the particulars of your business trip — who you’re meeting with and why. Be prepared to answer questions about your trip and your business clearly and specifically.
Make your ties to your home country clear. The officer who interviews you is looking to you to show that your trip is temporary and for a specific purpose. Strong family ties and an ongoing career in your home country are examples of connections that will help clarify this.
Bring supporting documents. While you are not required to supply specific documents, a copy of your business plan, a letter from the U.S. company you’re pitching to or anything that supports your reason for travel will help.
Be honest. Do not exaggerate the extent of your business or fabricate reasons for your travel. This will make a denial likely, now and in the future.
Understand that there is no single magic answer. You’ll be granted a visa based on the information you give your interviewer about your overall circumstances. There is no secret answer to a single question. The best strategy is to be clear and straightforward about your particular situation.

As read at: https://share.america.gov/five-tips-for-getting-your-business-visa/?utm_source=sa&utm_medium=pfb&utm_campaign=2015-01-22

We offer legal consultations and assistance with preparing B1 and B2 visa applications. For help, email at attorney.