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B-1 Visa Business Activities

Filed 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 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 »

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 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 »

Immigration Glossary

Filed under General Immigration , tagged

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

Filed under General Immigration , tagged

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 »

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

Filed under Temporary Visas , tagged ,

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 »

What Is Dual Intent?

Filed under General Immigration , tagged , , , ,

US Nonimmigrant Visa; What Is Dual Intent?Dual intent is a concept–a legal fiction–used in US immigration law to determine whether an individual with a temporary visa or temporary visa status may be allowed to file a green card petition. more »