It has been reported that the U.S. Department of State is offering the return of stateside H-1B and L-1 nonimmigrant visa renewal processing.

This process is in the regulatory framework of the department and presently available to only diplomats and NGOs. It stopped full operations in 2004. 

​H-1B visas are for professional specialty occupation foreign workers across industries and occupations. This visa allows employers to add professional and specialized workers for two three-year periods with further extension period available to those with approved green card petitions waiting limited immigrant visa availability.

Employers seek L-1 visas for foreign nationals who work as employees for a related corporate entity overseas. They are selected for transfer based on their experience and credentials to work for the U.S. related entity as executives, managers or specialized knowledge workers. The L-1 is limited to a five- to seven-year period.

The State Department has not announced any details about the restored stateside service. The agency must set up an entire processing structure to adjudicate the anticipated volume. In the past, specific documents were submitted for processing; they included the DS-160 form, a money order, a passport valid six months beyond the visa petition expiration date, the I-797 Notice of Approval, and an employment verification letter by the U.S. employer with W-2s and pay statements.

It is expected similar documents will be required under the restored program. 

This pilot is expected to start later this year and only for limited kinds of nonimmigrant visas at this time.

9 FAM 502.7-5  K VISAS – SPOUSE OR FIANCÉ (E) OF U.S. CITIZEN (AND THEIR CHILDREN)
9 FAM 502.7-5(A)  Related Statutory and Regulatory Authorities
9 FAM 502.7-5(A)(1)  Immigration and Nationality Act
(CT:VISA-1;   11-18-2015)
INA 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)); INA 101(b)(1) (8 U.S.C. 1101(b)(1)); INA 203(a) (8 U.S.C. 1153(a)); INA 204(a)(1) (8 U.S.C. 1154(a)(1)).
9 FAM 502.7-5(A)(2)  Code of Federal Regulations
(CT:VISA-1;   11-18-2015)
(Previous location:  9 FAM 41.81 Regulatory Provisions; CT:VISA-1813;   03-05-2012)
22 CFR 41.81; 8 CFR 214.2(k).
9 FAM 502.7-5(A)(3)  Public Laws
(CT:VISA-163;   08-25-2016)
Legal Immigration Family Equality Act (LIFE Act), Public Law 106-553; District of Columbia Appropriations Act, 1999, Public Law 106-113, sec. 237; International Marriage Broker Regulation Act of 2005 (IMBRA), Public Law 109-162, sec.831-834; Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Act"), Public Law 109-248, sec. 402.
9 FAM 502.7-5(A)(4)  United States Code
(CT:VISA-1;   11-18-2015)
18 U.S.C. 1801.
9 FAM 502.7-5(B)  Overview of K Visa Classifications
(CT:VISA-163;   08-25-2016)
a. The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a U.S. citizen.  The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.  Eligible children of K-1 visa applicants receive K-2 visas.
b. The K-3 nonimmigrant visa is for the foreign-citizen spouse of a U.S. citizen. This visa category is intended to shorten the time the foreign-citizen and U.S. citizen spouses must be separated by providing the option to obtain a nonimmigrant visa overseas and enter the United States to await approval of the immigrant visa petition.  Eligible children of K-3 visa applicants receive K-4 visas.
c.  Classification under INA 101(a)(15)(K):
(1)  Classification under INA 101(a)(15)(K)(i) (Fiancé(e) of U.S. Citizen – K-1): 
(a) Fiancé(e):  An alien may be classified as a K-1 if he or she is the beneficiary of an approved Form I-129F, Petition for Alien Fiancé́(e), for issuance of a nonimmigrant visa.  If you are satisfied that the alien is qualified to receive such a visa, the alien may be admitted to the United States for the purpose of concluding a marriage to the petitioner within a 90-day period.
(b)  Alternative Classification:  The inclusion of INA 101(a)(15)(K) in the nonimmigrant classifications is not intended to prohibit an alien fiancé́(e) of a U.S. citizen from applying for and obtaining an immigrant visa or a nonimmigrant visa under another classification, if the alien can qualify for an alternative classification.  For example, an alien proceeding to the United States to marry a U.S. citizen may be classified B-2, if it is established that following the marriage the alien will depart from the United States. (See 9 FAM 402.2-4(B)(1).)
(2)  Classification under INA 101(a)(15)(K)(ii) (Spouse of U.S. Citizen – K-3):  Public Law 106-553 established a new category of nonimmigrant visa for the spouses of U.S. citizens who await approval of a Form I-130, Petition for Alien Relative, to enter the United States as nonimmigrants. The symbol for the beneficiaries of this category is K-3.
(3)  Classification under INA 101(a)(15)(K)(iii) (Child of K-1 – K-2, and Child of K-3 – K-4):
(a)  This provision is for the children of either a K-1 or a K-3. An accompanying or following-to-join child (as defined in INA 101(b)(1)) of a K-1 is entitled to K-2 derivative status.  The child of a K-3 who is accompanying or following-to-join a K-3 principal alien is entitled to K-4 derivative status.
(b)  Time Limit for Child of K-1 Fiancé(e):  USCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the U.S. citizen fiancé́(e), and acquired Lawful Permanent Resident (LPR) status.  However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien.  After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.
(c)  Time Limit for Child of K-3:  USCIS and the Department have agreed that the child of a K-3 principal alien may be accorded K-4 status if following to join the principal alien in the United States even after the principal alien has acquired LPR status.  However, the cutoff date for issuance of a K-4 visa is one year from the date of the issuance of the K-3 visa to the principal alien.  After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.
d. K Visa Petitions:
(1)  Filing Form I-129F, Petition for Alien Fiancé(e) (K1): 
(a)  Fiancé(e) Petition:  Form I-129F, Petition for Alien Fiancé(e), may not be filed with, or approved or denied by, a consular officer or an immigration officer stationed abroad.  All K visa petitions must be filed with USCIS district office having jurisdiction over the petitioner’s current or intended residence in the United States.  If the citizen fiancé́(e) is abroad at the time the K visa petition is filed, you should advise the petitioner to send the completed petition, supporting documents, and appropriate fee to the DHS USCIS service center with jurisdiction over his or her state of intended residence after marriage.  The USCIS website has complete information on service center jurisdiction.  After the petition is approved, USCIS will transmit it to NVC, which will alert the appropriate post.
(b)  Validity of a K-1 Petition:  An approved K-1 visa petition is valid for a period of four months from the date of USCIS action.  However, the consular officer may revalidate the petition any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States.  However, the longer the period of time since the filing of the petition, the greater the concern about the intentions of the couple, particularly the intentions of the petitioner in the United States.  If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum.  (See 9 FAM 502.7-5(B) paragraph b.(5) for revalidation procedure.)
(2)  Petition for Classification under INA 101(a)(15)(K)(ii) (K3): 
(a) An alien seeking admission under INA 101(a)(15)(K)(ii) must be the beneficiary of a K-3 petition filed by a U.S. citizen in the United States. USCIS is using the usual Form I-129F, Petition for Alien Fiancé́(e), for this purpose.  As noted in 9 FAM 502.7-5(C)(1) paragraph a, if the couple married outside the United States, the visa must be issued by a consular officer in the foreign state in which the marriage was effected.
(b)  In order to file an I-129F petition for a K-3 visa, the petitioner must first file an I-130 Petition for an Alien Relative with USCIS. USCIS will send the petitioner an I-797 receipt confirming that the I-130 petition has been received.  Only then can the petitioner proceed to file the I-129F petition for the K-3.  When an I-130 and an I-129F for the same petitioner and beneficiary are filed with the same USCIS service center, USCIS will only proceed with the adjudication of the I-130 petition.
(3)  No Petition for Child of K-1 or K-3:  The unmarried child of a K-1 or K-3 applicant does not require a petition.  The applicant needs only to demonstrate that he or she is the “child” (as defined in INA 101(b)(1)) of an alien classified K-1 or K-3.  K-2 or K-4 applicants are required to sign a form apprising them that entering into a marriage prior to obtaining adjustment of status will render them ineligible for adjustment  in the IR-2 or CR-2 category.
(4)  Termination of K Visa Petition Approval:  USCIS regulations (8 CFR 214.2(k)) provide that the death of a petitioner or written withdrawal of the petition prior to the arrival of the beneficiary in the United States automatically terminates the approval of the petition.  You should return the petition to the approving USCIS office with an appropriate memorandum via the NVC.
(5)  Revalidation of Fiancé(e) Petition:  When a K visa petition is revalidated as described in 9 FAM 502.7-5(B) paragraph d(1)(B), the notation “Revalidated to (date)” should be placed in the “Remarks” block of the petition over the signature and title of the consular officer.  The date when the revalidation was processed should also be shown.
 
9 FAM 502.7-5(C)  K Visa Processing
https://fam.state.gov/FAM/09FAM/09FAM050207.html
9 FAM 502.7-5(C)(1)  Acceptance of K Visa Applications
(CT:VISA-1;   11-18-2015)
(Previous location:  9 FAM 41.81 N3; TL:VISA-756 07-27-2005)
a. K-1 and K-2 visas must be processed and issued only at immigrant visa issuing posts.  If a nonimmigrant visa issuing post receives a K-1 visa petition, it should forward the petition to the IV issuing post which covers the consular district, unless the post has been specifically authorized to process K visas.
b. Subject to paragraph c below, applicants for K-3 or K-4 visas should also be processed at IV posts, as K-1s are, but in some cases they may have to be processed at a consular post that normally issues only NIVs because there is no IV post in the country.
c.  The statute requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued a visa by a consular officer in the foreign state in which the marriage was concluded.  However, if no visa-issuing post is located in that country, the K-3 applicant should apply at the consular post designated to handle “homeless” IV cases for that country.  A K-4 visa applicant may be issued a visa at any IV issuing post, or, in the circumstances noted above, at a nonimmigrant post if there is no IV issuing post in the country.
9 FAM 502.7-5(C)(2)  K Visa Pre-Interview Processing
(CT:VISA-163;   08-25-2016)
a. Timely Visa Processing: 
(1)  The interview with the consular officer is the most significant part of the visa issuing process.  It is particularly important from the point of view of full and correct application of the law.  Section 237 of Public Law 106-113 requires that the Department establish a policy under which fiancé́(e) visas be processed within 30 days of receipt of the necessary information from the applicant and the Department of Homeland Security.  The Department expects all posts to strive to meet the 30/60 day requirements.
(2)  Since the underlying purpose of the Legal Immigration Family Equity (LIFE) Act is to reunite families, it is important that posts process these cases as quickly as possible.  Posts should first process immigrant visas cases that are current for processing and for which visa numbers are available.  The second priority should be V-1 and K-3 applicants and their children.
b. Action When K-1 Petition Received:  Upon the receipt of an approved I-129F petition for a K-1 applicant, the post should send a letter to the beneficiary outlining the steps to be taken to apply for a visa.  If the initial four-month validity of a petition has expired without a response to the post’s letter, you should send a follow-up letter to the beneficiary, with a copy to the petitioner, and request a reply within 60 days.  If the 60-day period passes without a response from either party, or, if the response indicates that the couple no longer plans marriage, the case is to be considered abandoned; the petition is to be retained at the post for a period of one year and then destroyed.
c.  Action When K-3 Petition Received: Upon receipt of an approved I-129F petition for a K-3 applicant, consular staff should check the Person Centric Query Service (PCQS) to determine if the associated I-130 petition has already been approved.  If the I-130 has been approved, the I-129F for the K-3 visa application should be refused under section 5A, and the I-129F should be kept in the file with the corresponding I-130 petition when it is received by post.  The petitioner and beneficiary should be advised that post will notify them when the approved I-130 petition is received at post.  If the I-130 petition has not yet been approved, then the I-129F is still valid and post may continue processing the K-3 visa application.
d. Applicant Informed of Requirement for Visa:   Upon the receipt of a K visa petition approved by U.S. Citizenship and Immigration Services, post should promptly send to the applicant:
(1)  Instructions for accessing Form DS-160, Online Nonimmigrant Visa Application;
(2)  One copy of the petitioner's approved Form I-129F, together with any criminal background information (including information on protection orders) that USCIS has gathered on the petitioner and any information that USCIS has provided regarding prior Form I-129F filings by the petitioner (see 9 FAM 502.7-5(D)(1) for more specifics);
(3)  One copy of USCIS's pamphlet (in paper or electronic form), "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa."
9 FAM 502.7-5(C)(3)  K Visa Documentary and Clearance Requirements
(CT:VISA-163;   08-25-2016)
a. Standard Requirements:  The following records and documents are required for presentation at the time of K visa application:
(1)  Form DS-160, Online Nonimmigrant Visa Application;
(2)  Valid passport (except for a person coming under 22 CFR 41.2 paragraphs (a), (b), (h));
(3)  Birth certificate;
(4)  Police certificates (in addition to supplying a police certificate from the present place of residence, the applicant must also present police certificates from any place or places of residence for six months or more since attaining the age of 16);
(6)  The applicant must present proof of relationship to the petitioner at the time of the interview;
(7)  Evidence of termination of any prior marriage of beneficiary (if the petition does not indicate that such evidence was previously submitted); and
(8)  Form DS-2054, Medical Examination for Immigrant and Refugee Applicant and associated worksheets DS-3025, DS-3026, andDS-3030.  Please see 302.2 for additional information on the medical examination requirements for K visa applicants.
b. Accompanying Child:  If the applicant is to be accompanied by a minor child or children, Form DS-160, Online Nonimmigrant Visa Application, is required for each child.  The accompanying child also requires a valid passport (or may be included in the parent’s passport), a birth certificate, and a medical examination.  No chest X-ray or serologic tests are required if the child is under 15 years of age.  If a child is 16 years of age or over, police certificates are required.
c.  Public Charge, Evidence of Support: 
(1)  A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(4) like any other visa applicant.  Evidence of support is usually requested by the consular officer.  There is, however, no absolute requirement that an affidavit of support or other public charge documentation be presented.  It is only necessary that you are able to conclude that the alien is not likely to become a public charge.  It would not be unusual, therefore, for a healthy alien of working age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation.
(2)  Form I-864, Affidavit of Support Under Section 213A of the Act, cannot be required.  Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting.  Form I-134, Affidavit of Support, may be requested when you deem it useful.
d. Medical Exam:  As noted above, the applicant must undergo the standard immigrant visa medical examination by a panel physician, and submit appropriated documentation as required including Form DS-2054, Medical Examination for Immigrant and Refugee Applicant, and associated worksheets DS-3025, DS-3026, and DS-3030.  See 9 FAM 302.3-3(A) paragraph c for more information on medical exams and vaccination requirements for K visa applicants.
e. Clearances:  
(1)  A National Crime Information Center name check must be done by the National Visa Center for each applicant.
(2)  Upon receipt of the completed Form DS-160, you should initiate clearance procedures.  If the applicant, since attaining the age of 16, has resided for one year or more in a country other than the one of visa application, the security clearance procedures used in immigrant visa cases are to be followed.
(Previous location:  9 FAM 41.81 PN3.6 a; CT:VISA-1097 10-31-2008)
f.  Fees:  There is no additional processing fee for K visas. Applicants will pay only the standard Machine Readable Visa (MRV) fee. There are no separate reciprocity fees.
9 FAM 502.7-5(C)(4)  K Visa Interview
(CT:VISA-163;   08-25-2016)
a. The Alien is to be Invited for an Interview When:
(1)  The alien has reported that all of the necessary documents have been collected; and
(2)  The medical examination has been completed and the report is or will be available before the interview.
b. You must direct the interview to determine eligibility as if the alien were applying for an immigrant visa in the immediate relative category. You must also:
(1)  Inform the K-1 or K-3 visa applicant of any protection orders or criminal background information regarding the petitioner that U.S. Citizenship and Immigration Services has reported with an approved K petition. After informing the applicant, give the applicant time to decide whether he or she wishes to proceed with the K visa application, and, in the case of an applicant for a K-1 visa, whether he or she still intends to marry the petitioner within 90 days of entering the United States. Enter appropriate case notes into the IVO system to indicate that the applicant received notice of the petitioner's criminal background information (see 9 FAM 502.7-5(D)(1) for more specifics);
(2)  Inform the K-1 or K-3 visa applicant of any previously approved Form I-129F petitions filed by the petitioner.  You will find this information on the approved Form I-129F as USCIS annotates approved Form I-129F petitions to indicate multiple filings.  (Note: Under IMBRA, if a U.S. citizen already has had two fiancé(e) or spousal petitions approved less than ten years prior to the filing of a subsequent petition, the K-1 or K-3 applicant who is the beneficiary of the subsequent petition is to be notified.  Absent an IMBRA waiver, USCIS may not approve a petition filed by an individual who (1) has filed two or more previous fiancé(e) or spousal petitions; or (2) has had such a petition that was filed within the previous two years approved.  USCIS indicates these waivers by noting "IMBRA waiver approved" in the approved petition's Remarks block.  Aside from informing the beneficiary of the previous petitions, no additional steps are required of you.)  Make appropriate case notes in IVO;
(3)  Ask the applicant whether an international marriage broker (IMB) facilitated the relationship with the petitioner and if so, identify the IMB, and then ask if the IMB complied with the International Marriage Broker Regulation Act of 2005 (IMBRA) by providing the applicant with the required disclosures and information (see 9 FAM 502.7-5(D)(1))  If the IMB did not provide the required disclosures and information, make case notes in IVO on the failure of the IMB to comply with IMBRA and provide that information to CA/VO/F/IE by email.  Proceed with case processing; do not wait for clearance to proceed;
(4)  Provide to each K-1 or K-3 visa applicant another copy of the USCIS pamphlet, "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa," which they already should have received when the instruction packet was first mailed to them (see 9 FAM 502.7-5(C)(2) paragraph c), in English or another appropriate language;
(5)  Orally review with the applicant, in his or her primary language, if feasible, or otherwise in either the language spoken in the country of application or English, the synopsis of the points contained in the pamphlet (found at 9 FAM 502.7-5(E)); 
(6)  Add case notes in IVO that the pamphlet was received, read, and understood by the applicant; and
(7)  In K-1 cases, obtain the applicant’s oath and biometric signature within IVO – this certifies the applicant’s legal capacity and intent to marry.
9 FAM 502.7-5(C)(5)  K-1 and K-2 Visa Adjudication
(CT:VISA-163;   08-25-2016)
a. Adjudication Factors:
(1) Petitioner and Beneficiary Must Have Met:  USCIS regulations (8 CFR 214.2(k)(2)) require that the petitioner and the K-1 beneficiary have met in person within two years immediately preceding the filing of the petition. At the USCIS director's discretion, this requirement can be waived if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the beneficiary's foreign culture.
(2)  Petitioner and Beneficiary Must Be Legally Free to Marry:
(a)  For a K-1 petition to remain valid, the petitioner and the beneficiary must:
(i)     Have been legally free to marry at the time the petition was filed;
(ii)    Have remained so thereafter; and
(iii)    Continue to have the intent to marry within 90 days after the beneficiary’s admission into the United States.
(b)  A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States.  If a you find that the petitioner and/or applicant is/was not legally free to marry, you must return the K-1 petition to NVC under cover of memorandum detailing the specific, objective facts giving rise to the officer’s determination.
(3)  Multiple Petitions Approved for Same K-1 Beneficiary:  In instances where more than one U.S. citizen fiancé́(e) has filed visa petitions on behalf of the same alien and more than one K-1 visa petition has been approved for the same beneficiary, you must suspend action and return all petitions with a covering memorandum to USCIS district director who approved the last petition so that the petition approvals may be reviewed.
(4)  Marriage for Purpose of Evading Immigration Laws (INA 204(c)): See 9 FAM 504.2-5(D)(2) paragraph d.
(5)  Additional Factors That May Raise Questions in K-1 Cases:
(a)  There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead you to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage. These include having one or more children not named in the petition,  a prior undisclosed marriage (even if it has been annulled or ended by divorce or death), or, in the case of a fiancée, a current pregnancy.
(b)  Discovery of a ground of ineligibility of the K-1 applicant raises another issue of the petitioner's awareness of all of the factors associated with the fiancé́(e).
(c)  You should use your discretion in determining whether to return the K-1 petition to USCIS in such cases.  You should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage.  If satisfied in this regard, you need not return the petition.  If you have further questions about whether a petition should be returned to USCIS, contact VO/F and FPP.
b. K-1 Relationship Not Satisfactorily Bona Fide:
(1)  You should return the K-1 petition to DHS for reconsideration if not satisfied with respect to the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage.
(2)  If you find that the fiancé(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, you should return the K-1 or K-3 petition to NVC with a recommendation for revocation under cover of a memorandum detailing the specific, objective facts giving rise to post’s conclusion.  VO/F and FPP can answer questions and provide assistance in writing effective revocation memos.  All immigrant and K-1/K-3 visa revocation cases are to be returned to the following address:
      National Visa Center
      32 Rochester Avenue
      Portsmouth, NH 03801
      Attn: Fraud Prevention Manager
9 FAM 502.7-5(C)(6)  K Visa Ineligibilities, Waivers
(CT:VISA-163;   08-25-2016)
a.  Former Exchange Visitor:  Before a K visa may be issued to an applicant who is a former exchange visitor and subject to the provisions of INA 212(e), the applicant must establish that the requirements of INA 212(e) have been fulfilled or that a waiver has been obtained. (See 22 CFR 40.202(b) and 9 FAM 302.10-8.)
b. Vaccination Requirements for K Visa Applicants:  See 9 FAM 302.2-6(B)(3).
c. Waiver Availability for Applicants Ineligible under INA 212(a):  A K visa is a nonimmigrant visa, and, therefore, K nonimmigrants are generally eligible for INA 212(d)(3)(A) waivers. However, processing an INA 212(d)(3)(A) waiver would not be appropriate unless an immigrant waiver is also available when the K visa holder applies to adjust status to lawful permanent resident.  To determine whether a waiver is available for a K applicant, you must, therefore, first examine whether the particular INA 212(a) ineligibility is waivable for immigrant spouses of U.S. citizens, under either INA 212(g), INA 212(h), INA 212(i), INA 212(a)(9)(B)(v), INA 212(d)(11) or INA 212(d)(12) or similar provisions.  (For a more complete list, see 9 FAM 302 and 9 FAM 305.)
d. No Waiver Possible:  If the K visa applicant is ineligible for a visa on an INA 212(a) ground for which no immigrant waiver is or would be possible after marriage to the petitioner, then the case should not be recommended for an INA 212(d)(3)(A) waiver and no waiver request should be submitted to USCIS. (See 22 CFR 40.301.)
e. INA 212(d)(3)(A) Waiver for K-1 Fiancé(e) Who Would Qualify for Waiver If Married, or for K-3 Spouse:
(1)  If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a), but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, instruct the applicant to file Form I-601, Application for Waiver of Ground of Inadmissibility, with USCIS per USCIS instructions.
(2)  If the case involves a K-1 fiancé(e), you should be satisfied (before beginning that waiver process) that the petitioner is aware of the ineligibility and still wishes to pursue the marriage.  If not, the petition should be returned to USCIS and the waiver process should be terminated.
(3)  You should follow this same general procedure whether the ineligibility is on medical or nonmedical bases, while taking into account any variant procedure required in certain medical cases as set forth in 9 FAM 302.2.
9 FAM 502.7-5(C)(7)  K Visa Issuance, Travel
(CT:VISA-163;   08-25-2016)
a. K Visa Validity:  K-1 and K-2 visas should be valid for six months for one entry. K- 3 and K-4 visas should be valid for multiple entries for 24 months, unless constrained by security clearance requirement or waivers, which are valid for a year or less.  Unmarried aliens entering the United States as a K-4 should be admitted for a period of 24 months or until that alien’s 21st birthday, whichever is shorter (see 8 CFR 214.2(k)(8) and 8 CFR 214.2(k)(11)(v)).
b. K Visa Annotations:  The K visa should be annotated in the following cases:
(1)  K-1 and K-3 visas should be annotated with the name of the petitioner and the petition number.
                PETR.: DOE, JOHN
                PET. NO.: EAC0123456789
(2)  Medical Cases:
(a)  When the medical examination has revealed a Class A tuberculosis or another Class A medical condition, and an INA 212(d)(3)(A) waiver has been granted, the visa should be annotated: “MED: 212(d)(3)(A).”
(b)  When the medical examination has revealed a Class B tuberculosis condition or Class B leprosy, non-infectious, the visa should be annotated: “MED: Class B.”
(3)  Child of a K-1 or K-3: The children’s MRVs should be annotated with the principal alien’s name and date of visa issuance. For example, “P/A: Mary Brown, K-1/K-3 issued 15-AUG-2007.”
c.  K Visa Travel Packet:
(1)  Supporting Documents Placed in Envelope and Hand-Carried by Applicant:  The following supporting documents should be carried by the applicant in a sealed envelope for presentation at the port of entry:
(a)  The K visa petition; and
(b)  Form DS-2054, Medical Examination for Immigrant or Refugee Applicant, and all related worksheets.
(c)  Supporting documents: Supporting documents include copies of all civil documents that are pertinent to the relationship between the petitioner and the beneficiary.  You should be careful NOT to include any criminal information on the petitioner that may have been included in the case file, or any documents that are law enforcement sensitive.(2)   K2 and K4 Children:  In the case of children following-to-join the principal alien who are entitled to K2 or K4 classification, the required documents are to be placed in an envelope together with a copy of the approved K visa petition.
d. Social Security Registration:  Even though a fiancé(e) is treated in most respects like an immigrant, posts do not give a fiancé(e) the information regarding Social Security registration.  DHS will do this at the time of the alien’s adjustment of status.
e. Reissuance of K-1 Visa:  If a K-1 visa, valid for a single entry and a 6-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, you may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa, provided the alien fiancé(e) pays a new application processing fee, and provided also that the petitioner and beneficiary still intend and are free to marry.  The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.
9 FAM 502.7-5(D)  K Visa Petitioner Provisions
9 FAM 502.7-5(D)(1)  International Marriage Broker Regulation Act (IMBRA) – Disclosure of Petitioner Criminal Conviction History, Protection Orders, or Restraining Orders
(CT:VISA-1;   11-18-2015)
(Previous location:  9 FAM 41.81 N14; CT:VISA-1998 06-07-2013)
a. The International Marriage Broker Regulation Act of 2005 (IMBRA) requires, with respect to each I-129F petitions for K status, that USCIS provide to the Department, and the Department in turn to disclose to the K-1 or K-3 applicant, all criminal background information submitted to USCIS by the petitioner and any related criminal conviction information that USCIS discovered in Government records or databases during its routine background check regarding any of the following crimes:
(1)  Crimes involving domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, and any attempt to commit such crimes;
(2)  Crimes involving homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes;
(3)  Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act; and
(4)  Information on any permanent protection or restraining order issued against the petitioner related to any specified crime.
b. The disclosure of any criminal background information regarding the petitioner that USCIS has reported with an approved K petition, including any information on protection orders or criminal convictions, is mandatory.  IMBRA requires that the Department must share, with the K-1 or K-3 nonimmigrant visa applicant who is the beneficiary of the petition, any such criminal background information that USCIS has reported after its check of Government records or databases, while informing the applicant that such criminal background information is based on available records and may not be complete.  This must take place on two occasions: first, when post sends the applicant the instructions regarding the visa application process; and second, at the time of the visa interview, when you must disclose the information to the K-1 or K-3 visa applicant, in the applicant's primary language.  In making this disclosure, you are not authorized to provide the name or contact information of any person who was granted a protection order or restraining order against the petitioner or was a victim of a crime of violence perpetrated by the petitioner, but are to disclose to the applicant the person's relationship to the petitioner.  Because each petitioner for K visa status must have signed a statement in the I-129F expressing their understanding that any criminal background information pertaining to them will be disclosed to petition beneficiaries, you are not required to send a petitioner notification that such disclosure has occurred.
c. During the visa interview, after informing the applicant of any protection orders or criminal background information received from USCIS regarding the petitioner, give the applicant time to decide whether he or she wishes to proceed with the K visa application, and, in the case of an applicant for a K-1 visa, whether he or she still intends to marry the petitioner within 90 days of entering the United States.  Enter case notes into the IVO system to indicate that the applicant received notice of the petitioner's criminal history.  If you have questions, contact your liaison in CA/VO/L/A or CA/VO/F/IE for additional guidance.
9 FAM 502.7-5(D)(2)  Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”) – Returning I-129F Petitions Based on Adam Walsh Act Requirements
(CT:VISA-1;   11-18-2015)
(Previous location:  9 FAM 41.81 N15; CT:VISA-1547 09-27-2010)
a. Section 402 of the Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Act"), which became law on July 27, 2006, amended INA 204(a)(1) and INA 101(a)(15)(K), rendering ineligible to file a petition for immigrant status under INA 203(a) or nonimmigrant K status, any petitioner who has been convicted of a "specified offense against a minor," defined in section 111 of the Adam Walsh Act as an offense involving any of the following:
(1)  An offense (unless committed by a parent or guardian) involving kidnapping;
(2)  An offense (unless committed by a parent or guardian) involving false imprisonment;
(3)  Solicitation to engage in sexual conduct;
(4)  Use in a sexual performance;
(5)  Solicitation to practice prostitution;
(6)  Video voyeurism as described in section 1801 of title 18, United States Code;
(7)  Possession, production, or distribution of child pornography;
(8)  Criminal sexual conduct involving a minor or the use of the Internet to facilitate or attempt such conduct;
(9)  Any conduct that by its nature is a sex offense against a minor.
b. Section 402 further provides that the bar against filing a petition because of such a conviction will not apply if the Secretary of Homeland Security, in his or her sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary.
c.  Because of the Adam Walsh Act, you must return to the USCIS domestic service center that approved it, via NVC, any approved I-129F petition filed by a U.S. citizen identified as having been convicted of one of the offenses against a minor listed in 9 FAM 502.7-5(D)(2) paragraph a, for reconsideration, unless USCIS has reported that the Secretary of Homeland Security has made the necessary "no risk" determination.  Additionally, USCIS has asked that you return to the approving domestic service center (via NVC) for possible revocation any I-129F petition approved before July 27, 2006 if you are aware of any conviction for a specified sexual or kidnapping criminal offense against a minor that does not appear to have been known at the time of petition approval. Do not disclose conviction information to the visa applicant in cases in which the petition is being returned.
d. The Adam Walsh Act's bar against the filing of a petition for family-based immigrant or K nonimmigrant visa status by an individual who has been convicted of a specified offense against a minor does not apply if the Secretary of Homeland Security exercises his sole and unreviewable discretionary authority and determines that the individual poses no risk to a beneficiary. You may encounter cases in which the criminal history information reported to post by USCIS relates to a conviction for a crime that is one of the specified offenses against a minor listed in 9 FAM 502.7-5(D)(2) paragraph a.  Provided that the petition reflects that there has been a no-risk determination by the Secretary of Homeland Security and you intend to approve the visa application, you should not forward the petition to USCIS based on the conviction in that instance, but instead consider it to have been properly filed under the Adam Walsh Act, while nonetheless informing the K visa applicant, during the interview, of any conviction listed in 9 FAM 502.7-5(D)(2) paragraph a that has been reported by USCIS pursuant to IMBRA.
9 FAM 502.7-5(E)  Synopsis of USCIS Pamphlet for Applicants for K Nonimmigrant Visas and Family-Based Immigrant Visas
(CT:VISA-1;   11-18-2015)
(Previous location:  9 FAM 41.81 Exhibit I; CT:VISA-1940 11-14-2012)
Why are we providing the pamphlet?
The International Marriage Broker Regulation Act (IMBRA) requires that the United States government provide, to an immigrating fiancé(e) or spouse of a citizen or resident of the United States, an information pamphlet on legal rights and resources for immigrant victims of domestic violence. Immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.
IMBRA also provides for the United States government to provide, to an immigrating fiancé(e) or spouse of a U.S. citizen who has a history of criminal or domestic violence, a copy of the citizen’s criminal background information.
One of IMBRA’s goals is to provide applicants with accurate information about the immigration process and how to access help if a relationship becomes abusive.
What is domestic violence?
The pamphlet provides detailed explanations of the term “domestic violence” and two related offenses, sexual assault and child abuse.
Domestic violence involving current or former partners is a pattern of behavior where one intimate partner or spouse threatens or abuses the other partner or spouse. Abuse may include physical harm, forced sexual relations, emotional manipulation (including isolation or intimidation), and economic and/or immigration-related threats.
Under all circumstances, domestic violence, sexual assault, and child abuse are illegal in the United States. All people in the United States are guaranteed protection from abuse under the law. Any victim of domestic violence can seek help. An immigrant victim of domestic violence may be eligible for immigration protections.
The pamphlet is intended to help you understand U.S. laws regarding domestic violence and how to get help if you need it.
What are the legal rights for victims of domestic violence in the United States?
All people in the United States, regardless of immigration or citizenship status, are guaranteed basic protections under both civil and criminal law. Laws governing families provide you with:
The right to obtain a protection order for you and your child(ren).
The right to legal separation or divorce without the consent of your spouse.
The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.
The right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.
What services are available to victims of domestic violence and sexual assault in the United States?
In the United States, victims of these crimes can access help provided by government or nongovernmental agencies, which may include counseling, interpreters, emergency housing, and even monetary assistance.
The telephone numbers or “hotlines” listed in the pamphlet have operators trained to help victims 24 hours a day free of charge. Interpreters are available, and these numbers can connect you with other free services for victims in your local area, including emergency housing, medical care, counseling, and legal advice. If you cannot afford to pay a lawyer, you may qualify for a free or low-cost legal aid program for immigrant crime or domestic violence victims.
What immigration options may be available to a victim of domestic violence, sexual assault, or other crime?
The pamphlet outlines three ways immigrants who become victims of domestic violence, sexual assault, and some other specific crimes may apply for legal immigration status for themselves and their child(ren): (1) self-petitions for legal status under the Violence Against Women Act (VAWA); (2) cancellation of removal under VAWA; or (3) U nonimmigrant status. Because a victim’s application is confidential, no one - including an abuser, crime perpetrator, or family member - will be told that the victim applied. A victim of domestic violence should consult an immigration lawyer who works with other victims to discuss immigration options that may be available.
How does the U.S. Government regulate “international marriage brokers”?
Under IMBRA, “international marriage brokers” are required to give the foreign national client background information on the U.S. client who wants to contact the foreign national client, including information contained in Federal and State sex offender public registries, and to get the foreign national client’s written permission before giving the U.S. client the foreign national client’s contact information. If you are a foreign national client, the agency is required to give you a copy of the pamphlet. It is prohibited from doing business with individuals who are under 18 years of age.
Can a K nonimmigrant visa applicant rely on criminal background information that USCIS has compiled on a U.S. citizen fiancé(e) or spouse?
IMBRA requires the U.S. Government to share any criminal background information on a K nonimmigrant petitioner with the fiancé(e) or spouse who is applying for a K visa as the beneficiary of such a petition. The criminal background information compiled by USCIS comes from various public sources, as well as information provided by the U.S. citizen clients on immigration applications. USCIS does not have access to all criminal history databases in the United States. The U.S. citizen sponsor may not tell the truth in the sponsorship application. It is also possible the U.S. citizen has a history of abusive behavior but was never arrested or convicted. Therefore, the criminal background information an applicant receives may not be complete. The intent of the law is to provide available information and resources to immigrating fiancé(e)s and spouses. Ultimately, you are responsible for deciding whether you feel safe in the relationship.
Can foreign fiancé(e)s or spouses who are victims of domestic violence also be victims of human trafficking?
Other forms of exploitation, including human trafficking, can sometimes occur alongside domestic violence, when the exploitation involves compelled or coerced labor, services, or commercial sex acts. The pamphlet contains information on how to obtain help regarding human trafficking.
 Read here.

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

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

SEVP releases 2015 international student data, launches interactive mapping tool.

“SEVIS by the Numbers,” a quarterly report on international students studying in the United States, was released Wednesday by the Student and Exchange Visitor Program (SEVP), part of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). The report highlights February 2015 data from the Student and Exchange Visitor Information System (SEVIS), a Web-based system that includes information about international students, exchange visitors and their dependents while they are in the United States. New this edition, users can also visit the Study in the States website to review international student data from “SEVIS by the Numbers” via an interactive mapping tool.

Based on data extracted from SEVIS Feb. 6, 2015, 1.13 million international students, using an F (academic) or M (vocational) visa, were enrolled at nearly 8,979 U.S. schools. This marked a 14.18 percent increase in international students when compared to January 2014 data. The number of certified schools remained relatively static, increasing just more than one percent, during the same time period.  

Seventy-six percent of all international students were from Asia. The top 10 countries of citizenship for international students included: China, India, South Korea, Saudi Arabia, Canada, Japan, Vietnam, Taiwan, Mexico and Brazil.

In February 2015, only 30 SEVP-certified schools had more than 5,000 international students enrolled. The University of Southern California, Purdue University, Columbia University, the University of Illinois and New York University ranked one through five among U.S. schools with the most international students. More than 10,000 international students were enrolled at each of these schools.

Thirty-seven percent of international students studying in the United States, equating to more than 400,000 individuals, were enrolled in STEM (science, technology, engineering and mathematics) coursework in February. Eighty-six percent of international students pursuing STEM studies were from Asia.

The February 2015 report includes a special section about women pursuing STEM studies. In the past five years, the total number of female international students studying STEM fields increased more than 68 percent, from 76,638 in February 2010 to 128,807 in February 2015. Sixty-two percent of these female international students were from China and India. Also since 2010, the number of female international students pursuing STEM-focused master’s degrees increased 114 percent. Thirty-four percent of all female students pursuing STEM studies were enrolled at schools in California, New York and Texas.

Other key points from the report include: 76 percent of SEVP-certified schools had between zero and 50 international students; 73 percent of international students were enrolled in bachelor’s, master’s or doctoral programs; and California, New York and Florida had the most SEVP-certified schools. A school must be SEVP-certified before it can enroll international students who are in the United States on a student visa.
The full report can be viewed here. Report data was extracted from SEVIS Feb. 6, 2015. It provides a point in time snapshot of data related to international students studying in the United States. Data for the previous “SEVIS by the Numbers” was extracted from SEVIS Oct. 7, 2014.

In addition to the report, on Wednesday, SEVP launched an interactive mapping tool where users can explore and drill down international student data from “SEVIS by the Numbers.” This information is viewable at the continent, region and country level and includes information on gender and education levels for international students from geographical areas across the globe.

SEVP monitors approximately one million international students pursuing academic or vocational studies (F and M visa holders) in the United States and their dependents. It also certifies schools and programs that enroll these students. The U.S. Department of State monitors exchange visitors (J visa holders) and their dependents, and oversees exchange visitor programs.

Learn more about SEVP at www.ICE.gov/SEVP. 
You can read the complete report here.

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:

1. 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.
2. 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.
3. 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

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