On September 25, Immigration and Customs Enforcement (ICE), the DHS agency with jurisdiction over F-1 foreign student visa holders, published new proposed regulations that would end the long time U.S. practice of issuing “Duration of Status” to F-1 students. Instead, F-1 visa holders would be limited to 2 or 4 year visa terms depending upon their country of origin, and be required to reapply for F-1 Status through USCIS to obtain extensions, or to leave the United States and apply for an extension . The proposed regulations were immediately criticized by the higher education community. The rules were called ill-conceived, misguided, unnecessary, and a burden to an industry that has already seen a steady decline in international student admissions. Read the full blog post here.
U.S. Consulates around the world are beginning to reopen and start scheduling visa appointments and it is critical for applicants to be well prepared for their interviews. Recently, the Department of State revised its Foreign Affairs Manual (FAM), to include a new, heightened adjudication standard for blanket L-1 applications. As detailed in our prior blog, the revised provision directs the Consular Officer to deny the L-1 visa if he/she “has any doubt” whether an applicant has established their L visa eligibility and if the “questions or issues cannot be resolved during the interview.” So the visa applicants should be prepared to confidently, concisely and directly provide the relevant information in responding at the interview. We recommend that employees, who would be applying for blanket L visas at U.S. Consulates abroad, work closely with their immigration counsel and prepare for their visa interviews. Oftentimes, Consular Officers have only a few minutes to review the documents and question the applicant. Therefore, the applicant’s preparation for the interview is critical for a successful visa adjudication.
Here are some tips for applicants preparing for their L-1 visa interview:
- Make sure to read carefully and thoroughly the L visa application package, especially the company support letter explaining the relationship between the companies, the job offered, and how the applicant qualifies based on her/his specialized knowledge or managerial/ executive experience.
- Applicants should be familiar with the content of the application packet but should not try to memorize it or use fancy complex legal verbiage.
- Applicants should be prepared to explain, in their own words, what makes their transfer to the US business critical.
- Applicants should be able to highlight their accomplishments as they relate to their specific employment within the company.
Applicants should be able to give direct, on point and truthful answers to the following common L visa interview questions:
- Why was he/she selected for this job?
- Isn’t there a US worker with the U.S. employer who can do the job?
- What is his/her specialty?
- What managerial decisions does he/ she make?
- Who will the applicant be working for?
- Who does the applicant report to? Who will the applicant report to in the U.S.?
- Will anyone report to the applicant in the U.S.? Be prepared to state names and titles of direct reports.
- If the applicant is coming to the U.S. as a specialized knowledge employee and will be working at a third party site, who at the U.S. company will control his/her work? It is important to know the name and title of his/her manager in the U.S.
- What company specific experience or knowledge does she/he have?
- How long does it take to acquire this special knowledge?
- How long will the applicant remain in the US? This is especially important if he/she would be coming to the U.S. on an intermittent basis, over a period of time.
- What are his/her plans after the US assignment ends?
This list is not exhaustive and the Consular Officer’s questions will be more case specific at the interview and applicants should be well prepared to respond, with the assistance of their counsel. The attorney can explain the legal framework and requirements for the highly scrutinized L intra-company transfer non-immigrant visa, which will help him/her in responding to the questions at the visa interview to ensure the successful case outcome and the visa issuance.
The Duane Morris Immigration Team is dedicated to providing the most up to date information and zealous advocacy on behalf of our clients during the COVID-19 emergency. Below we have compiled information from various U.S. agencies on all aspects of travel, USCIS appointments, ICE activities and Removal Proceedings. This post will be updated as changes develop. Duane Morris has developed a COVID-19 Strategy Team which is providing regular updates on all business and employment related matters impacted by the COVID -19 pandemic. A second webinar on Business Continuity Planning for a Pandemic will be held on Wednesday, March 18. To register, click here.
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The recent changes, to the State Department’s Cut Off Date system for determining who can file their adjustment of status applications and when they can be filed, announced in the October 2015 Visa Bulletin brings welcome relief to many categories of immigrants who often wait in long queues before they are able to submit their adjustment of status applications. Continue reading New Cut Off Date on Visa Bulletin Brings Welcome Relief for Immigrants
On June 15, we reported that the State Department computer system used for verifying the personal data of visa applicants and for printing visa stamps was crippled by a “glitch” causing worldwide delays. Today the State Department estimates that it will be at least another week before the problem is resolved. The agency also confirmed that it was a hardware failure, which has eliminated its ability to process it’s regular volume of 50,000 applications per day. Continue reading No End in Sight to State Department Visa Processing Delays
On June 12, 2015 the U.S. State Department announced that a computer glitch has hit the Consular Consolidated Database (CCD) affecting the printing of U.S. visas at all consulates and U.S. embassies worldwide.
On June, 15, 2015 the State Department published the following State Department Update, indicating that there is no resolution to the problem and none in sight as of this writing. Continue reading State Department Computer Problem Causes Worldwide Delays in Visa Issuance at U.S. Consulates