Wouldn’t it be nice if you could get your U.S. Visa renewed inside of the United States without having to visit a U.S. Embassy or Consulate abroad?
This may soon become a reality based on a new pilot program announced by the Department of State for certain workers renewing their visas.
Overview
Visa stamping refers to the process of renewing a U.S. visa for foreign nationals working in the United States in certain visa categories. Traditionally, foreign workers must return to their home country and visit their local U.S. Embassy or Consulate to schedule an appointment and renew their U.S. visas. However, the vast majority of U.S. Embassies and Consulates have significant visa interview backlogs which delays the visa renewal process significantly and increases the visa backlog.
To provide relief for visa renewal applicants, the State Department recently announced the launch of a new pilot program that will allow a limited number of H-1B specialty occupation workers the opportunity to renew their visas from inside the United States, effectively decreasing work interruptions and such visa stamping delays.
In this post, we share exciting news for Israeli nationals. The U.S. government recently designated Israel as the 41st country to join the Visa Waiver Program (also known as ESTA) effective November 30, 2023.
In this video attorney Jacob Sapochnick discusses what this means and how it can benefit you.
If you want to know more about this exciting news, please keep on watching!
Highlights
To travel under the Visa Waiver Program (ESTA) you must:
Be a citizen or eligible national of a Visa Waiver Program country.
Not be in possession of a visitor’s visa.
Your travel to the USA must be for 90 days or less.
You must plan to travel to the United States for business or pleasure.
Not be inadmissible to the USA nor previously denied a U.S. visa
Overview
Did you know that the United States operates a Visa Waiver program? This special program allows nationals from participating countries to travel to the United States for tourism or business purposes without a U.S. visa, for a period of up to 90 days. Temporary stays under the Visa Waiver Program cannot be extended for periods longer than 90 days.
Recently, Israel was given the privilege of participating in this program. That means that starting November 30th Israeli nationals will be able to apply for travel permission to the United States online using the Electronic System for Travel Authorizations (ESTA). Once approved, this travel permission is valid for a period of two years once it has been issued. You cannot travel to the United States until your ESTA has been approved and issued to you.
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
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.
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.
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.
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).
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.
Are you or a family member interested in applying for a B1/B2 Visitor Visa to the United States? Would you like to know some useful tips that may help you schedule your tourist or non-immigrant visa interview appointment faster in 2023?
If so, then this is the right video for you! Learn all about this important topic and how you can minimize visa interview wait times with our helpful tips.
Overview
The Department of State recently announced that they will be allowing B1/B2 visitor visa applicants and certain other types of nonimmigrants, the ability to schedule their visa interview appointments outside of their home country at some select American embassies as a third country national (TCN).
For example, if you are a foreign national of a country experiencing very high visa demand such as India, China, etc., you may be allowed to schedule your visa interview appointment in another country as a third country national (such as a neighboring country with shorter waiting periods).
This new announcement will be useful for applicants who have been waiting over a year to get a tourist visa interview appointment in their home countries.
U.S. Embassies in India are now encouraging certain applicants to apply for their tourist visas at Consular posts such as Bangkok, Thailand, which is among the U.S. missions where Indian nationals can get an appointment for B1/B2 tourist visas in 2023 outside of India.
As an example, the current wait time to get a B1/B2 tourist visa interview appointment at the U.S. Embassy in Bangkok, Thailand is about 30 to 35 days, compared to a wait time of over one year at most missions throughout India. This will benefit Indian nationals who are already residing in Bangkok, or who have the ability to travel there for their appointments.
Non-immigrant Visa Processing for Third Country Nationals
A third-country national (TCN) is a citizen of a “third” country that seeks to apply for a non-immigrant visa type in a country where they are not ordinary resident (and where they do not hold citizenship) with their third-country passport.
Certain U.S. Consular posts and Embassies accept and process non-immigrant visa applications from third-country nationals. For instance, non-immigrant visas for Ukrainian and Russian nationals may be processed and scheduled at the U.S. Embassy in Warsaw, Poland.
Likewise, Pakistani nationals who had their cases at the U.S. Embassy in Islamabad, have been able to transfer them to U.S. Consular posts in neighboring countries for interview scheduling.
While this practice has been occurring for at least the past year, previously it was not widely available for non-immigrant visa types, because U.S. Consular posts required applicants to maintain residency in the countries in which they applied.
Due to the growing non-immigrant visa backlogs caused by the pandemic, U.S. Embassies and Consulates have shown greater flexibility in allowing third country nationals to seek appointments outside of their home countries, despite not residing there. This is the case especially in countries with substantial visa delays like India, Pakistan, and the Philippines. Foreign nationals from these countries can apply for their B1/B2 tourist visas and non-immigrant visas in neighboring countries where interview wait times are much more reasonable.
As the summer approaches, applicants simply cannot afford to wait over a year for a visa interview appointment. Therefore, applying as a third country national outside your home country, can greatly improve your chances of receiving an interview appointment in much less time with fewer headaches.
If you found this information helpful, please share it with a friend or family member.
Contact us. For help applying for a non-immigrant visa as a third-country national, we invite you to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
Need more immigration updates? We have created a new facebook group to address the impact of the new executive order and other changing developments related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.
In this video, attorney Jacob Sapochnick shares some very exciting news for nonimmigrant visa applicants. The State Department recently announced that they are dramatically speeding up visa wait times for interview appointments starting with nonimmigrant visas for students, temporary workers, and tourists.
If you want to know more about this important update just keep on watching!
Did You Know? U.S. Consulates and Embassies consider requests for expedited visa interview appointments on a case-by-case basis for those who meet the expedite criteria, including those with urgent travel needs, emergencies, urgent humanitarian needs, those working for nonprofits who are furthering cultural or social interests for the U.S., those whose work is in the U.S. government or national interest, etc. To understand the expedite process, please visit the website of your closest U.S. Embassy or Consulate.
Overview
On December 1, 2022, the U.S. Department of State Bureau of Consular Affairs held a live broadcast on YouTube, where Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around the world.
In the broadcast, she highlighted some important revelations, indicating that not only are visa wait times improving at U.S. Consulates and Embassies overseas, but nonimmigrant visa interview appointments are being made available much faster than ever before for tourists, students, and certain temporary workers.
Some of the Key Points she raised are as follows:
The State Department has successfully reduced visa interview wait times with a median global wait time of just 7 weeks for a B1/B2 tourist visa appointment at most U.S. Consulates and Embassies worldwide.
Similarly, the Statement Department has reduced wait times to only 7 days for F-1 students and certain temporary workers at most U.S. Consulates and Embassies Worldwide.
Visa processing capacity is recovering much faster than initially projected thanks to policy and processing innovations implemented in 2022.
In many countries, the State Department issued more tourist visas in 2022 than before the pandemic, including at some of the busiest Consulates in the world such as Mexico and Brazil.
The State Department issued more student visas in 2022 than in any recent year.
Visas for airline and shipping crewmembers were prioritized to support global supply chains, with the State Department issuing more than 250,000 crewmember visas in 2022.
Pre-pandemic processing times were exceeded for crewmembers since June of 2022.
State Department posts overseas adjudicated about 40 percent more visas for seasonal workers in 2022 when compared to 2019, before the pandemic.
Immigration Lawyer Blog
