With 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 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 »

This 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 »

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 »

The 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 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 »