In a prior newsletter, we discussed the proper use of the B-1 business visa and the importance of distinguishing permissible business activities from unauthorized employment in the United States. At that time, B-1 did not allow foreign technical personnel to enter the United States for the primary purpose of training U.S.-based workers. The U.S. Department of State has now introduced a new B-1 classification for certain “Specialized Trainers.” This update may be relevant to e

One of the most common misconceptions about the O-1B visa is that it is reserved for celebrities, Grammy winners, internationally famous performers, or artists with major awards. In reality, many successful O-1B applicants have built their careers through years of professional work, industry recognition, media coverage, and meaningful contributions to their artistic field—without ever winning a world-famous award. We recently helped an independent electronic music artist obta

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, emphasizing that adjustment of status, or Form I-485 green card applications, is a discretionary benefit and not an automatic entitlement, even where an applicant otherwise meets the legal eligibility requirements. While this guidance does not change the law, it signals a shift in how strictly USCIS officers will scrutinize applications. What is the New Memo About? The memo emphasizes that the standard, preferred

We have recently received a number of inquiries regarding international travel during the H-1B filing period or prior to the October 1 effective date, particularly whether such travel may trigger the $100,000 issue. Under current policy and practice, travel is not automatically prohibited, but the timing and manner of travel are critical. The following 3 scenarios are generally the more prudent options to consider: 1. Remain in the United States and depart only after Octo

As this year’s H-1B lottery has concluded, even if you were not selected in this year’s H-1B lottery, there are still alternative immigration options available. Depending on the individual’s background and the employer’s situation, it is often possible to continue staying and working in the U.S. through other viable pathways. Below is a brief overview of several common options for your initial consideration: 1. J-1 Exchange Visitor Visa Suitable for researchers, visiting scho

The L-1B visa is a vital tool for transferring "Key Personnel" who possess proprietary, specialized knowledge essential to a company’s U.S. operations. It is important to demonstrate that the irreplaceable value of these experienced technical experts, proving that specialized expertise is often more critical than formal academic degrees. The Profile Our client is an Asian manufacturing company that recently established a new production facility in the United States. To begi

A Recent Case A foreign national holding a B-1/B-2 visa stayed in the U.S. for six months and lawfully extended their stay for another six months, spending a full year in the U.S. Twelve months after the departure, the same individual attempted to re-enter the U.S. However, he was not afforded an opportunity to explain the circumstances regarding the prior stay. U.S. Customs and Border Protection summarily revoked the B visa and ordered expedited removal. The individual was r

The H-1B season is upon us again! As we approach the registration window, we want to ensure you are well-prepared for this year’s H-1B cycle, especially given the recent H-1B lottery policy reforms. The U.S. Department of Homeland Security (DHS) has issued the final rule introducing a wage-based weighted random selection system for cap-subject H-1B registrations. The rule will take effect on February 27, 2026 and is expected to apply to the FY2027 H-1B registration season (ty

As many of you prepare for international travel during the upcoming holidays, we want to share a brief update that may affect those who will need H-1B visa stamping to reenter the U.S. In the past few days, we’ve seen a number of U.S. consulates move or push back H-1B visa interviews originally set for mid-December 2025 and later. Consular officials have indicated that these adjustments are related to the implementation of enhanced social-media vetting, which requires additio

On December 4, 2025, USCIS announced that the maximum validity period for certain categories of Employment Authorization Documents from five years to no more than 18 months per issuance. The change is intended to strengthen screening and background checks for foreign nationals seeking authorization to work in the U.S.Effective for all applications filed or pending on or after December 5, 2025, the 18-month limit applies to: Refugees Asylees Individuals granted withholding of

While many believe an L-1A visa requires managing a large team, the "Functional Manager" category allows senior leaders to qualify by overseeing a critical business function rather than a high headcount. This specialized category is designed for senior leaders who oversee a core, essential function of the business, often Finance, Legal, R&D, or Market Strategy, rather than a direct staff of professional employees. The Profile Our client is a prominent manufacturing enterpri

I. Presidential Proclamation On September 19, 2025, the White House issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. It provides that: Effective 12:01 a.m. EDT, September 21, 2025. A $100,000 payment must accompany any new H-1B petition. Applies only to individuals outside the U.S. seeking H-1B admission. The Department of State will issue visas only if the payment has been made. Valid for 12 months, unless extended. Future reforms will raise pre

In recent months, we've seen U.S. immigration enforcement place more emphasis on worksite compliance, particularly around Form I-9 audits and surprise visits from ICE. For many employers, especially those newer to the U.S. system, these events can escalate quickly and catch teams unprepared. Whether triggered by routine audits, employee complaints, or suspected unauthorized hiring, actions taken by U.S. Immigration and Customs Enforcement (ICE) can disrupt business operations

As international graduates navigate the transition from F-1 student status to H-1B status, many ask a strategic question: Is it permissible to delay H-1B activation in order to fully utilize the remaining time on OPT or STEM OPT? This article outlines the legal framework, practical considerations, and associated risks of such a decision. Activation Pathways for H-1B Status 1. Change of Status (COS): For petitions approved with a COS request, H-1B status automatically begins o

The Trump administration has introduced a new immigration policy proposal requiring the U.S. Citizenship and Immigration Services (USCIS) to collect social media account information from green card applicants and certain other immigration applicants. On March 5, 2025, USCIS announced that social media accounts—such as Facebook and Instagram—would become part of the application process for individuals seeking to enter the U.S. or apply for asylum. While visa applicants have al

On March 12, 2025, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) published an Interim Final Rule (IFR) introducing a standardized alien registration process through a new form: Form G-325R, Biographic Information (Registration).Please review the summary below carefully and consult your attorney if any of the provisions apply to you or your family. ✅ Who is already registered? You are already registered if one of the following