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The 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 »
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 found to be willful violators of the H-1B program must sign special attestations when filing an H-1B petition. more »
The Immigrant Visa (IV) Control System manages US screening and authorization of foreign nationals for permanent entry. It tracks applications, verifies eligibility, and enforces legal and security requirements. It is a critical part of the administration of the Immigration and Nationality Act (INA). Overall, it manages the numerical limitations on annual US immigrant visa issuance.
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The Immigration Glossary below explains terms of art in the US immigration and US visa processes. These terms tend to be very specialized and may not have the same meanings as they do in casual language. more »
Employers have certain responsibilities for compliance under US immigration law during the hiring process. So penalties can apply for violations of I-9 requirements. 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 »