Kirberger PC: a boutique law firm providing US visa and immigration services since 1998.


Temporary Visas

B-1 Visa Business Activities

Filed in Temporary Visas, under Temporary Visas , tagged ,

business meeting 78483490; B-1 Visa Business ActivitiesWith rare exceptions, the B-1 visa for business is not to be used for any activity that could be construed as meaningful work or employment in the United States. The distinction between “meaningful work” and “business activity” is not a clear one. However, the Department of State (DOS) and USCIS have provided some guidance on this issue, which appears below. more »

B-1 Visa Honoraria

Filed in Temporary Visas, under Temporary Visas , tagged ,

Auditorium 145909784; B-1 Visa HonorariaB-1 Visa Honoraria payments and associated incidental expenses for limited usual academic activity or activities such as lecturing, guest teaching, or performing in an academic sponsored festival may be acceptable if they meet certain conditions. See also the related article on B-1 Business Activities. more »

B-2 Cohabitating Partners

Manhattan Townhouses, NYC; B-2 Cohabitating PartnersB-2 visa classification is appropriate for cohabitating partners of long-term nonimmigrants to the US provided that the B-2 visa applicant can overcome INA Section 214(b), which requires a showing of a US visa applicant’s significant ties to her home country or to a country outside of the US. The Foreign Affairs Manual (FAM) has been revised to expressly incorporate this long-standing Department of State interpretation. Note that as of June 2013, same-sex couples who are legally married now qualify for the same spousal immigration benefits as opposite sex couples, including qualifying as an immediate relative for green card purposes, or qualifying for nonimmigrant visa dependent status to accompany a spouse to the US for work or study. more »

H-1B Fact Sheet

Matrix Illustration 115932616; H-1B Fact SheetThis H-1B Fact Sheet discusses key H-1B issues such as the annual H-1B cap, H-1B cap exemptions, H-1B fee exemptions, H-1B portability, benching, attorney fees and penalties for H-1B related violations. See also our related article discussing H-1B-dependent employers. more »

H-1B-Dependent Employer

Filed in Temporary Visas, under Temporary Visas , tagged ,

In this article we discuss the general meaning of an H-1B-dependent employer in accordance with 20 CFR §655 Subparts H & I and the Immigration and Nationality Act § 212(n), and how to calculate H-1B dependency for purposes of filing an H-1B petition. H-1B-dependent employers and employers who have been found to be willful violators of the H-1B program are required to sign special attestations when filing an H-1B petition. more »

J-1 Home Residence Requirement

Terraced Cottages UK 149958689; J-1 Home Residence RequirementThe two year J-1 home residence requirement restricts certain J-1 visa holders from changing to some other US visa categories until they can show that they have either satisfied or waived the J-1 Home Residence Requirement. more »

J-1 Waiver

Maze of Hedges 92880105; J-1 WaiverJ-1 Visa holders who are restricted by the 2-year J-1 home residence requirement (or home country physical presence requirement, or Section 212(e) restriction), under § 212(e) of the Immigration & Nationality Act (INA), may seek a waiver of that requirement, known as a J-1 Waiver, in one of 5 ways. more »


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