Articles Posted in Non immigrant Visas

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Former President Donald J. Trump has launched his campaign for a second presidential term in 2024. His announcement creates important implications for immigration considering that he is likely to win the Republican nomination in the presidential race.

In this video attorney Jacob Sapochnick tells you all you need to know about his contentious new immigration plan, ahead of the election.

Overview

It is no secret that during his presidential term Donald Trump took a hardline stance on immigration which led to restrictive immigration policies that impacted thousands of immigrants and nonimmigrants worldwide.

As part of his presidential campaign, Trump recently unveiled his immigration proposals, including new measures that would create further challenges for immigrants to obtain visas to the United States. If he were to be re-elected to the office of the President, such measures would be concerning for people everywhere.

What are some of Trump’s immigration proposals if he were re-elected in 2025?

Among Donald Trump’s immigration proposals, he seeks to prioritize securing the U.S. border to prevent illegal immigration to the United States from Mexico, as well as passing a host of controversial policies limiting legal immigration.

Getting Tough on the U.S. Mexico Border

  • Trump proposes a naval blockade by the Coast Guard and U.S. Navy to stop drug smuggling boats in U.S.-Latin America waters.
  • Drug cartels would be designated as “unlawful enemy combatants,” which would allow U.S. military intervention in Mexico.
  • Completion of the Southern border wall which was part of his immigration agenda as President

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Would you like to know how you can renew your U.S. visa in 2023? If so, then this video is right for you.

Overview

Your U.S. visa has expired and now it’s renewal time. In this video, attorney Jacob Sapochnick discusses the general process of applying to renew your U.S. visa in 2023 at a U.S. Consulate or Embassy overseas.

Please note that there are hundreds of different U.S. visa categories that have their own eligibility criteria and renewal requirements. The information provided here does not, and is not intended, to constitute legal advice. To obtain legal advice on your particular facts, case, or circumstances, please consult with a licensed immigration attorney.

For visa specific information and documentary requirements, applicants may contact their closest U.S. Embassy or Consulate.

Visa Renewal Steps

Here are the main steps that any applicant must take when renewing their visa at a U.S. Consulate or Embassy abroad.

Step One: Make sure that you qualify for your U.S. Visa Renewal

First and foremost, regardless of your visa type you must be prepared to provide documentary evidence to the Consular official to prove that you remain eligible for the renewal of your visa.

For example, if you are renewing a student visa you must provide your updated Form I-20 Certificate of Eligibility for Nonimmigrant Student Status to show that you remain eligible to study in the United States. If you are applying to renew your tourist visa, you must continue to demonstrate your eligibility such as proof of temporary stay, strong ties to your home country, proof of sufficient finances to cover your temporary stay, etc.

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If you are planning to study in the United States, you should be aware of the increasingly high rate of denials among F-1 and M-1 student visa applicants. If you are interested in learning more about this important topic, please keep on watching.

Overview

According to a new report released by several research institutions, the denial rates for student visas have increased dramatically in recent years. In this video, we will discuss why this has been happening and what you need to know if you are planning to study in the United States.

The report includes a statistical analysis covering a 7-year period from 2015 to 2022, which demonstrates an annual increase in the rate of denials with the greatest impact affecting F-1 student visa applicants. The regions with the highest rates of denial are reportedly Africa, South Asia, the Middle East, and South America.

Africa bore the greatest share of denials, with a denial rate sitting at 54% in 2022. This figure is concerning because over half of all African student visas were denied, when compared to denial rates of just 36% for Asian students and 9% for European students. South America came in second place, with more than a 50% increase in F-1 visa denial rates when compared to a 10% denial rate in 2015 and 24% denial rate in 2022.

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Have you ever wondered what you need to do if your passport containing a U.S. visa inside is lost or stolen? We’ve got you covered. In this video, attorney Jacob Sapochnick explains everything you need to know about this important topic.

Overview

So, you’ve successfully managed to pass your Consular interview, and now you’ve received your U.S. visa in your passport. Let’s imagine that you, like thousands before you, manage to lose your passport containing your U.S. visa inside, or have it stolen.

What should you do in this situation?

First and foremost, foreign nationals must remember that their passport and visa is an official travel document. You cannot enter the United States without having such documents in your possession to demonstrate your country of citizenship and legal status in the United States.

Before even falling into this predicament, foreign nationals should always make a copy of their passport biographic page, U.S. visa, and admission stamp or paper I-94 (if applicable) as soon as they have arrived in the United States.

Foreign nationals who have entered the United States temporarily on their valid visa, and later lose their passport, can remain in the U.S. for the duration of their authorized stay, as printed on their admission stamp or paper Form I-94, Arrival/Departure Record.

If you were issued a paper Form I-94 and it was lost or stolen, you must have it replaced immediately.

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Want to know all about the August 2023 Visa Bulletin? Then you’ve come to the right place.

In this video, we share with you the latest movement in the family-sponsored and employment-based preference categories for the month of August.

There will be significant retrogression of the final action date in the EB-1 India preference category by 10 years and 1 month to January 1, 2012.

Additionally, a final action cutoff date for all countries in the EB-1 category, except China, will be imposed at August 1, 2023.

The EB-3 Professionals and Skilled Workers final action date will also retrogress by 1 year and 9 months to May 1, 2020, except for India which will remain at January 1, 2009, and China which will advance by 2 months to June 1, 2019.

In the family-sponsored categories, the dates for filing cutoff dates remain the same as the previous month, except F-1 Mexico which will advance by 2 years and 3 months to April 1, 2005, and F2B Mexico which will advance by 2 years and 4 months to August 1, 2004.

Here are some of the highlights of the August 2023 Visa Bulletin starting with the family-sponsored categories.

Employment-based categories Highlights

*Final Action cutoff dates – Retrogressions in August:

For employment-based preference categories, adjustment of status applicants must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2023.

  • EB-1 India will retrogress by more than 10 years to January 1, 2012
  • EB-1 Worldwide, China:
    • The State Department has imposed a final action cutoff date for EB-1A Worldwide for all countries except China, at August 1, 2023.
    • The EB-1 China Final Action Date will remain at February 1, 2022.
  • EB-2 Worldwide, China:
    • EB-2 China will advance by one month, to July 8, 2019.
    • The Final Action Date for EB-2 India will remain at January 1, 2011.
    • The EB-2 Worldwide Final Action Date will advance by six weeks, to April 1, 2022, for all other countries.
  • EB-3:
    • The Final Action Date for EB-3 China Professional/Skilled Worker will advance by two months, to June 1, 2019.
    • EB-3 India Professional/Skilled Worker will remain at January 1, 2009.
    • For all other countries, the EB-3 Professional/Skilled Worker Final Action Date will retrogress by almost two years, to May 1, 2020.

Prediction: We predict that by October 2023 the EB-1 final action dates will advance significantly, depending on usage and on the FY 2024 annual numerical limit which will reset in October (the start of the fiscal year).

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In this video attorney Jacob Sapochnick explains how you can apply for an F-1, J-1, or M-1 international student visa in 2023 in 10 easy steps.

In 2022 we saw a significant rebound in the number of international students applying for visas to study in the United States with over 1.3 million students coming to the United States from 227 countries.

Overview

Essentially there are 3 types of student visas: the F-1 visa for academic students, J-1 visa for exchange visitors, and M-1 visa for vocational students. We discuss each of these visa categories in turn down below.

F-1 Visa for Academic Students

The F-1 nonimmigrant visa category allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. You must be enrolled in a program or course of study that leads to a degree, diploma, or certificate and your school must be authorized by the U.S. government to accept international students.

J-1 Visa for Exchange Visitors

The J non-immigrant visa category is for individuals approved to participate in work-and study-based exchange visitor programs. Such programs may be for the purpose of teaching, instructing, or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

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Want to keep up to date on the latest changes in the E-2 Treaty Investor Visa Program? Then you are at the right place. In this video, attorney Jacob Sapochnick shares new updates for spouses and dependents of principal E-2 visa holders, as well as information about minimum investment requirements for E2 investors, and new requirements for E3 visa applicants.

Overview

New changes governing regulations for spouses and children of E visa holders, and minimum investments amounts, have appeared in the Foreign Affairs Manual (9 FAM 402.9-9) effective on May 1, 2023.

Substantiality Test

One of the requirements of the E2 visa program is to ensure that the amount of capital being invested into your business is “substantial” for the type of commercial enterprise you establish or acquire, while considering the nature of the business.

The law does not set a minimum dollar figure nor minimum amount of investment that is considered to be “substantial” for E-2 visa purposes. However, the Foreign Affairs Manual considers an investment to be “substantial” if it (1) meets the proportionality test (2) is sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise and (3) is of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.

The proportionality test determines whether an investment is substantial by weighing the amount of qualifying funds invested against the cost of the business.  If the two figures are the same, then the investor has invested 100 percent of the needed funds in the business; such an investment is substantial.

Clarification of the Substantiality Test for E2 Renewal Applicants

Section 9 FAM 402.9-6(D) of the Foreign Affairs Manual (FAM) states that once an E2 investor has established that he or she has invested a substantial amount of capital in his or her business to the satisfaction of an Immigration Officer, the applicant generally does not need to be evaluated under this criterion again unless there has been a change in ownership (for example where a sale of the business has occurred).

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In this video attorney Jacob Sapochnick shares some good news for international students seeking to change their status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status while in the United States.

Separately, we are happy to report that international student enrollment has returned to pre-covid numbers according to statistical information provided in the last year.

Overview

For the first time in many years, international student enrollment has made a comeback since the pandemic began. Visa numbers have continued to increase from 2021 all the way through 2023.

By way of illustration, in the year 2022 alone, there were over 1.3 million active students in F-1, M, and J status in the United States. This represents an increase of over 10% from the previous year.

International students were one of the biggest groups of applicants that were adversely impacted during the pandemic. This was due to the suspension of in-person instruction at colleges and universities nationwide, and the temporary suspension of visa services at Consulate and Embassies worldwide.

We have seen a dramatic change in the past year with record increases in student visa applications and student visa approvals for international study.

Statistics of the International Student Rebound

Here are some of the statistics of the international student rebound this past year:

  • California attracted the most international students in the year 2022
  • In the year 2022, international students came to the United States from over 227 countries
  • 70% of these students came from Asia (China and India)
  • India issued the most student visas in the year 2022

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In this video, and just like every month we cover the movement in the family-sponsored and employment-based preference categories of the July 2023 Visa Bulletin.

We are seeing some big advancements in the family-sponsored categories next month, as well as some retrogressions in the final action dates for the employment based third preference category (EB-3) for all countries except China.

Before we jump into our analysis, let’s first go over some of the highlights of the July 2023 Visa Bulletin starting with the family-sponsored categories.

Family-sponsored categories Highlights

*Dates for Filing cutoff dates – Advancements in July:

  • F-1 Mexico will advance by 1 month
  • F-1 China, India, World will advance by 8 months
  • F2B Mexico will advance by 3 months
  • F3 China, India, World will advance by 3 weeks
  • F4 China and World will advance by 1 month
  • F4 Mexico will advance by 2 weeks

Final Action cutoff dates – Advancements in July:

  • F1 Mexico will advance by 3 weeks
  • F2B Mexico will advance by 2 months
  • F3 China, India, World will advance by 2 weeks
  • F3 Mexico will advance by 2.5 months
  • F4 China and World will advance by 2 weeks

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Are you going through the immigrant visa process, waiting for your interview to be scheduled at a Consulate or Embassy overseas? Then this video is right for you. We will provide the latest updates including which Consular posts are open, their processing times, and which posts are experiencing long wait times as of June 2023.

Overview

Embassies and Consulates around the world are beginning to ramp up their processing of immigrant visas, with the hiring of additional personnel to reduce the visa backlogs.

During the Coronavirus pandemic, immigrant visa cases have been warehoused at the National Visa Center (NVC) while awaiting interview scheduling at U.S. Embassies and Consulates abroad. Due to the high demand for visa interviews, most Consular posts have not been able to accommodate the majority of applicants who are still waiting for their appointments to be scheduled.

Unfortunately, the National Visa Center (NVC) is not able to forward cases to Embassies and Consulates until they have received confirmation that the post has available interview slots.

This is the case even if your case is documentarily qualified and even if your priority date is current on the Visa Bulletin. Your case cannot be forwarded to the Embassy or Consulate until they have confirmed that an interview slot is available for you.

On the other hand, if your case has not been documentarily qualified (meaning all documentation has been received by the NVC), or your priority date is not current on the Visa Bulletin, then your case will not be scheduled for an immigrant visa interview.

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