Immigration Law Blog

Some immigrants to the U.S. are classified as “refugees” or granted asylum. Refugee status or asylum is granted to people who have been persecuted or are afraid they may be persecuted because of their political opinion, race, religion, nationality, or membership in a particular social group.

VWP designates specific countries whose nationals (citizens) may enter the United States without a visa, for a period of up to 90 days for the purposes of business or pleasure. 

Each fiscal year, the H-1B provisions authorize approximately 85,000 foreign workers in the science, technology, engineering and mathematics (STEM) sectors to work in the U.S. on a temporary basis.

The H-1B visa program is intended to assist U.S. employers in securing workers with very specific education, training and experience to fill a company's workforce gaps. Employers who are otherwise unable to find workers with the business skills and abilities required for specific positions within their company can sponsor a foreign worker who fits the qualifications for the position the company is seeking to fill.

The United States limits the number of people who may enter the United States – either temporarily or permanently – by imposing limits (or caps) on the number of certain types of visas that will be issued during a given year.  Because the number of temporary and permanent visa petitions is almost always higher than the limit, the U.S. Citizenship and Immigration Services (USCIS) conducts lotteries and random drawings to decide which petitions to process.  Other types of visa petitioners are not subject to random drawings but may have a waiting period before their petitions will be processed.

Please be advised that the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases filed with the correct government filing fees will be counted as being accepted on the date of USCIS receipt, not the date of postmark.

The cap set by Congress for H-1B visas for FY 2015 is 65,000. There are an additional 20,000 petitions that will be accepted for processing for those individuals in possession of a U.S. Master’s Degree or higher, thereby making a total of 85,000 petitions that will be accepted for H-1B processing.

The R visa allows religious workers to enter the United States for up to five years to work in a religious occupation, for example as a minister, monk or nun.  The R visa is a non-immigrant visa, also known as a temporary visa.  An R visa does not mean that the visa holder may remain in the United States as a resident alien.  Nor does it mean that the R visa holder may engage in work other than the religious work authorized by the visa.

A foreign national threatened by a humanitarian crisis in his/her home country may sometimes be allowed entry into the U.S. via a mechanism called humanitarian parole.

Humanitarian parole is defined as a legal status for persons “who do not meet the technical requirements for a visa but who may be permitted to enter the United States for a temporary period of time… on an urgent humanitarian basis.”  A second criterion (in addition to an “urgent humanitarian need”) for approval is for the admitted individual to provide a “significant benefit to the public if admitted to enter the U.S.”

For many foreign nationals wishing to enter or remain in the U.S., a decision made by the U.S. Citizenship and Immigration Services (USCIS) can be life changing.  While a denial of an application can be devastating in certain situations, it is not the final word in most immigration processes since, in most cases, the applicant can appeal the USCIS' decision.

Fiancé Visa

When a U.S. citizen is engaged to a foreign national who intends to reside in the United States, the U.S. citizen may apply for a K-1 “Fiancé" Visa.  The Fiancé Visa is a nonimmigrant visa, which allows a foreign national to enter the U.S. with the express purpose of marrying a U.S. citizen.  The visa is issued by a U.S. Consular Post in the country where the fiancé resides.  

To obtain a Fiancé Visa, the U.S. citizen must file a Form I-129F, Petition for Alien Fiancé with the U.S. Citizenship and Immigration Services (USCIS) on behalf of his or her foreign fiancé, known as the “beneficiary.”