Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak
David Immigration Law | U.S. Immigration For Australians
by Andrew David
4y ago
Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak On Monday, June 22, 2020, President Trump signed a second proclamation that goes into effect on June 24, 2020 and will remain in place until December 31, 2020. This extends the termination date of the April 22, 2020 proclamation to December 31, 2020. The new proclamation outlines further restrictions for the following visa categories, with exceptions (see Sec. 3). Sec. 2.  Suspension and Limitation on Entry.  The entry into the United States of any alien seeking ..read more
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U.S. Immigration Update - COVID-19
David Immigration Law | U.S. Immigration For Australians
by Andrew David
4y ago
These are uncertain times for everyone, especially people currently undertaking or considering U.S. immigration or visa application processes. I want to assure you our office will remain open with extended business hours to provide the needed support during this period of uncertainty.  IMPORTANT CHANGES: As of March 18, 2020, the United States Consulates in Australia are reducing routine immigrant and nonimmigrant visa appointments. They will resume routine visa services as soon as possible but are unable to provide a specific date at this time. The MRV fee is valid and may be used for a visa ..read more
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Proposed change would revoke the right of spouses of H-1B visa holders to work
David Immigration Law | U.S. Immigration For Australians
by Andrew David
4y ago
Coming on the heels of the October announcement (details here) that H-1B renewal applications for highly-skilled foreign workers would come under increased scrutiny, the Department of Homeland Security recently announced that it will seek to terminate a provision enacted in 2015 under the Obama administration that allows the spouses of H-1B visa holders who are waiting for green cards to legally work in the U.S. As with the changes to H-1B renewals, this change seeks to bring immigration policies into compliance with Trump’s “Buy American, Hire American” Executive Order, and are part of broade ..read more
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USCIS tightens regulations for skilled worker renewal visas
David Immigration Law | U.S. Immigration For Australians
by Andrew David
4y ago
In a move that is says will “protect the interests of U.S. workers," the United States Citizenship and Immigration Services (USCIS) announced that it will hold renewal visa H-1B applicants, as well as L-1, TN and 0-1 applicants, to the same standards as first-time visa applicants. This move reverses past policy, implemented in 2004, that allowed visa adjudicators to defer to prior eligibility determinations for visa holders, as long as the petition involved the “same parties and underlying facts as the initial petition.” Why the changes? According to the USCIS, the past policy may, “in some c ..read more
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New security measures to affect all international travelers to the U.S.—what you can do
David Immigration Law | U.S. Immigration For Australians
by Andrew David
4y ago
Measures that went into effect on October 26 are expected to significantly alter wait times and procedures for all travelers arriving in the United States on international flights. It is estimated that all 325,000 travelers arriving daily in the U.S.—regardless of their citizenship status—will be affected by these new policies, which are designed to avoid banning laptops and other large electronics from flights—long considered potential sources for terrorism. According to a recent article in The Hill, the new policies/procedures include: 1. Increased scrutiny. Passengers will be subject to ad ..read more
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Be Prepared – Traveling to the U.S. under the Visa Waiver Program
David Immigration Law | U.S. Immigration For Australians
by Andrew David
4y ago
  As an Australian-born U.S. immigration attorney and dual citizen, I primarily serve Australian citizens seeking to work and travel in the U.S. This week, I provided several media outlets in Australia with clarification on U.S. visa rules and regulations, and the role of the U.S. Customs & Border Protection (CBP). This clarification followed the stories of Mr. Baxter Reid and Ms. Molly Hill who were both recently (and briefly) detained in the United States. The U.S. immigration system is one of the most complex systems to navigate, and there is a need for further clarity and caution when ..read more
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Misconceptions about the B Visa
David Immigration Law | U.S. Immigration For Australians
by Andrew David
4y ago
Principal attorney Andrew David discusses the role and common misconceptions about the B visa with ABC New (Australia). See full article here ..read more
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Will Australians now need an interview and visa to visit the U.S.?
David Immigration Law | U.S. Immigration For Australians
by Andrew David
4y ago
To date, there is no indication that the Visa Waiver Program will be suspended by the Trump Administration. Following the LA Times’ release of a draft Presidential Executive Order titled “Protecting the Nation from Terrorist Attacks from Foreign Nationals” on Wednesday, January 25th, several media outlets in Australia reported the widely-used Visa Waiver Program may be suspended, requiring Australians to undertake an in-person interview at the U.S. Consulate before visiting the U.S.  These stories quickly spread across social media platforms, creating speculation and worry. The program discuss ..read more
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Do I need to use an immigration lawyer?
David Immigration Law | U.S. Immigration For Australians
by Andrew David
4y ago
Plenty of people, including myself before I specialized in immigration law, have prepared successful U.S. visa applications and petitions. Like self-preparing tax returns, some have circumstances that lead to a relatively straight-forward process, but many others find the process frustrating, time consuming, and confusing with the multitude of ever-changing rules and procedures. David Immigration Law primarily represents Australian-based applicants and petitioners before the U.S. consulates in Melbourne, Sydney and Perth, as well as before the United States Citizenship & Immigration Servic ..read more
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2016 Visa Waiver Program changes prompt more B visa applications
David Immigration Law | U.S. Immigration For Australians
by Andrew David
4y ago
Several recent factors have impacted the use of the B-1/B-2 visa for many foreign nationals around the world. Currently, the United States permits visa-free travel for a period of up to 90 days to citizens of 38 counties under the Visa Waiver Program (VWP). In addition to holding a valid passport from a VWP country, the applicant must be traveling to the U.S. on a VWP signatory airline, and usually must have a return flight out of the United States. Applicants intending to travel to the U.S. under the VWP are also required to complete an Electronic System for Travel Authorization (ESTA) before ..read more
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