In recent months, stakeholders have observed a policy shift regarding the strategy of filing a Form I-539 application to change status from H-1B to visitor status (B-1/B-2) within the 60-day grace period following termination.
Legal Analysis for the Global Employer
In recent months, stakeholders have observed a policy shift regarding the strategy of filing a Form I-539 application to change status from H-1B to visitor status (B-1/B-2) within the 60-day grace period following termination. …
On Sept. 6, 2025, the U.S. Department of State issued updated guidance directing that nonimmigrant visa (NIV) applicants (E, F, H, J, L, O, etc.) must generally schedule their visa…
Continue Reading Adjudicating Nonimmigrant Visa Applicants in Their Country of Residence — Implications for Employers and Employees
For foreign national employees and the HR professionals who support them, few immigration experiences are more frustrating than hearing the words “administrative processing” after a visa interview. This additional review…
Continue Reading Navigating Visa Administrative Processing: A Guide for Foreign National Employees and HR Professionals
USCIS updated guidance in the USCIS Policy Manual regarding when students may be eligible for extensions of optional practical training (OPT) for science, technology, engineering, and mathematics (STEM) fields. This…
Continue Reading USCIS Updates Guidance for F/M Nonimmigrant Student Classification
Effective Jan. 1, 2024, certain nonimmigrant visa applicants are now eligible for a waiver of the visa interview requirement. The U.S. Department of State recently announced the following nonimmigrant categories…
Continue Reading Interview Requirement Waiver Available for Certain Nonimmigrant Visa Applicants
On Nov. 28, 2023, the U.S. Department of State (DOS) released a press release highlighting its visa operations achievements in the federal fiscal year 2023 (FY 2023) from October 2022…
Continue Reading Report on the US Department of State’s FY 2023 Visa Operations
On Oct. 24, 2023, U. S. Citizen and Immigration Services (USCIS) issued updated policy guidance to its Policy Manual regarding the two-year foreign residence requirement for the nonimmigrant exchange visitor…
Continue Reading Policy Update to Foreign Residency Requirement for J-1 Exchange Visitors
Tucked away in the Code of Federal Regulations is a statute that provides employment authorization to nonimmigrants – such as holders of E-3, H-1B, H-1B1, L-1, or O-1 visas –…
Continue Reading USCIS Introduces New Guidance for EADs Based on Compelling Circumstances
On May 1, 2023, the U.S. Department of State (DOS) updated four provisions of the Foreign Affairs Manual (FAM) relating to E visas. The updates relate to E-2 substantiality; E…
Continue Reading Department of State Updates FAM E Visa Provisions
On March 10, 2023, U.S. Citizens and Immigration Services (USCIS) provided clarification on the 60-day grace period offered to nonimmigrant workers who have been terminated or who have resigned from…
Continue Reading USCIS Clarifies Start Date for Maximum 60-Day Grace Period Following Termination of Employment