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



Affidavit of Support Form I-864

Filed in Green Cards, under Family , tagged ,

signatures on form 149870463; Affidavit of Support Form I-864The I-864 Affidavit of Support (Form I-864) is a legally enforceable contract between the sponsor of an immigrant and the US Government that ensures that immigrant’s financial support in the United States. more »


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 »

Immigrant Visa (IV) Control System

Waiting at Airport Counter 124813797; Immigrant Visa (IV) Control SystemThe Immigrant Visa (IV) Control System consists of the administration of Immigration and Nationality Act (INA) provisions concerning the numerical limitations on annual US immigrant visa issuance. more »


Immigration Executive Action 2014

The White House Washington DC 144295039; Immigration Executive Action 2014Below is summary of President Obama’s Immigration Executive Action as announced on November 20, 2014. Some of the provisions discussed here require only memoranda to become operational, and others require agency regulation (the latter can be a lengthy process of 6 months or more) prior to implementation.

Note also that Congress and/or the Courts may block, amend, prevent or delay implementation of any of the actions listed below at any time prior to or after its effective date. more »

Immigration Glossary

Dictionary ED000049; Immigration GlossaryThe Immigration Glossary below explains how certain words are used in the US immigration and US visa processes, since these terms tend to be specialized terms of art, and may not have the same meanings as they do in every day language. more »

Immigration Penalties: Employers

Closeup of chain link fence 87710200; Immigration Penalties: EmployersEmployers have certain responsibilities under US immigration law during the hiring process, and penalties apply for violations of I-9 requirements. more »


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