美國移民服務局對移民申請過程中提交的I-693體檢表的時效性進行了修訂，新政策自2018年11月1日起生效。記載了移民體檢及接種疫苗情況的I-693表格是移民官員根據健康狀況審理綠卡申請的重要指標。體檢通常在美國移民服務局指定的當地外科醫生處進行。這次政策修訂將體檢表的有效期延長為最高兩年。目前，I-693表僅在申請人提交相關移民福利申請前60天醫生簽名的情況下才有效。申請提交後，移民局將在外科醫生簽字之日起兩年內對申請進行裁定。如果您未按時提交有效的體檢表，您的綠卡申請可能會被延遲或拒絕。

2018年8月9日，美國移民服務局發布了有關F、M、J非移民學生簽證以及訪問學者簽證持有者逾期居留屬非法居留的新政策。根據修訂後的政策備忘錄，持有F、M、J簽證的學生或訪問學者在其有效簽證過期後的次日，如無法保持其合法身份，那其待在美國的日子就將被計算為"非法居留"天數，除非當事人已有違規居留行為而移民法官已命令將其遞解或驅逐出境。這次的政策變化對於學生和訪問學者來說尤為重要，因為他們現在可能會受到入境限制。根據移民局此前的規定，從最近一次入境起算，累計非法居留超過180天，出境後三年不得入境。非法居留超過一年，則十年不得入境。如移民法所述，非法居留指的是在簽證期滿而未經允許的情況下在美國境內逾期停留。

隨著這份備忘錄的實施，美國移民局放棄了20年來對非法居留一貫採取的追溯性政策。通常情況下，大多數學生和訪問學者的簽證期限是一段持續性的時間，以讓他們更加靈活的完成學術項目，而不是僅僅在I-94入境表上定下某個特定日期。在新政策制定之前，學生或訪問學者只有在遞交移民申請表後，美國移民局認定其違反簽證規定或移民法官下令將其遞解或驅逐的情況下，才會開始積累非法滯留天數。這次的政策調整之後，學生和訪問學者必須更加謹慎，以確保自己的合法身份。

​Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​

​Nobody likes getting denied for their O1 / artist visa. It’s painful, and a waste of time, money, and effort. However, this type of visa is complicated and there are many pitfalls along the way. What makes matters worse, is that there is a two step process in order to get the visa in your passport.

First, you have to file Form I-129 Petition for Nonimmigrant Worker before USCIS and convince them that you are extraordinary and therefore meet the requirements. After your Form I-129 has been approved, you will need to take the approval notice, leave the United States, and go to a US consulate abroad for an interview in order to get the visa in your passport. This means that immigration has two opportunities to deny you if they think that you are not able to meet the requirements of the O1 / artist visa.

Just because USCIS approves your Form I-129, it does not mean that you will automatically pass the interview at the consulate. In this blog post, we will first take a look at the top five reasons why USCIS may deny your Form I-129 application, and the top five reason why a US consulate may also deny your O1 / artist visa application:

​One of the very first basic requirements of filing the O1 / Artist visa is having a petitioner file for you, since you are not allowed to file for yourself. If you don’t have a petitioner, your case will definitely be denied. In order to avoid this, make sure you have a proper petitioner before applying.

​A proper petitioner is a US citizen or US based company, working in the field. The petitioner must also sign off on all relevant documentation in your application. If the application lacks the specific signatures (and some have to be original), your case maybe denied. If you have not already, check out our post on O1 / Artist Visa Sponsor / Petitioner Basics.

​One of the key things immigration checks for, is if you truly are going to be working in the United States pursuant to the O1 status. This means that you will be working on legitimate and valid projects for the duration of your status. The way they analyze this is by looking at your contracts and itinerary.  

​If your contracts lack specific information such as omitting the length of engagement, amount of compensation, or address of the employer, and where the work will take place,  immigration may find that your contract is speculative. Another reason why immigration may take issue with your contract, is because compensation is dependent on some other factors such as getting funding from a large corporation. 
 
In addition, if there are large gaps in between engagements on your itinerary, USCIS might find that the duration of the entire period to be speculative. If so, it is most likely you will get a denial. Therefore, in order to avoid this, make sure that your contracts and itinerary are fully fleshed out with lots of details. Also, the contracts need to be signed by all the relevant parties. If you are missing signatures, an immigration officer might find that your contract is not legitimate, and therefore deny your case, or shorten the duration that you might have on the O1 / Artist visa. If you have not already, check out our post onO1 / Artist Visa Contracts and Itinerary Basics.

Another common reason why you maybe denied the O1/Artist visa is simply because you lack sufficient credits. This visa is specifically for aliens of extraordinary ability or achievement. If you just graduated recently and do not have a lot of experience, it is most likely that you will not succeed in applying for this visa.

Although immigration does not set a specific number for the number credits eligible for the O1 / Artist visa, I think having 10 credits is a good place to start. But that also depends on the quality of the credits and documentation. It is possible to have a successful O1 / Artist visa application with less than 10, but it really depends on how impressive those credits are.

Similarly, if you have more than 10, but the credits are not that outstanding, you may still have a problem. It is best practice to consult with an immigration attorney before you apply in order to get a good sense of whether you can make it or not. 
 
It should also be noted that if you do apply and are denied, subsequent applications will be much harder because you were denied previously. So sometimes the best option is to leave the United States for a period of time, work on building up in your portfolio, and then applying when you have a stronger case.

​I always asked my potential clients: “What is your long term goal?”  This is because if your long term goal is to live and work in the United States, taking one or two years to really build your credits and portfolio is a short period of time compared to living and working in the United States for the rest of your life. So make sure that before applying, are you have what it takes so that you are not wasting your time and money, or worse making it harder to enter the United States at a later time.

So maybe you do have a bunch of credits, and yet you were denied. Why is that? So USCIS requires that your performance be over a sustained period of time. Once again, immigration does not set forth a specific time frame when it comes to defining “sustained”.  

​However, if your career has only lasted a few months it is unlikely that you will succeed. This means that if you suddenly obtained a few credits in several months, you may still not be eligible for the visa because it does not demonstrate a career that has lasted over a long period of time.  So if you are just starting out, it might just be better for you to leave the United States for a period of time in order to build up your credits.

Assuming that you do have the credits, and that they are over a sustained period of time, it is essential that you provide sufficient documentation of your credits, and organize them in a manner that is easy for the immigration officer to read. 

Sometimes, I review cases from clients who have worked with other attorneys, or have decided to file the application themselves. The clients may have sufficient work experience, but unfortunately the case was presented in a haphazard manner, which was confusing for the immigration officer.

​It is very important to document every eligible role in your work history, as well as present them to the immigration office in a easy to read format. If you do not have a cover letter with the application explaining why you meet all the requirements, you are shooting yourself in the foot.  Another tip is to arrange the documents and provide exhibit tabs so that the immigration officer will be able to access the documents quickly and easily.

If you managed to get an approval notice from USCIS, congratulations! You are halfway there! But don’t get too excited. When you go for your visa stamping interview at the US Consulate abroad, you may still get denied. Let us take a look at the most common reasons why an immigration officer may deny an O1 visa despite an approval from USCIS:

​Now these days, everyone knows how to use Google.  This includes immigration officers who maybe interviewing you at the United States Consulate abroad. Very often, instead of reviewing the documentation that you have provided, immigration officers may just resort to a Google search. And if you cannot be found, this leaves a bad impression on them. So it is best practice to cultivate a web presence. This means having a website, LinkedIn profile, or other industry type profile such as Backstage or IMDB. However, be careful in terms of what you put online, which brings me to the second point:

If there is information online that demonstrates you have violated your immigration status in any way, that could be a reason for denial. Alternatively, if you have committed fraud in order to gain an immigration status, or have other criminal issues, this may prevent you from entering the United States. Immigration has access to the FBI database, which has wide-ranging results.  

Even if you think a criminal case has been sealed, they will still be able to see this information. So please don’t lie to the immigration officer. They have more information about you then you think they do. If you lie and then they find out, immigration may deem you too have committed fraud on them, which may result in you getting barred from the United States permanently.

​If you do have criminal issues, or are otherwise inadmissible, please contact an immigration attorney immediately in order to evaluate your options.

​Another basic reason why people maybe denied at the United States Consulate abroad, is simply because they admit that they do not meet the requirements of the O1 / Artist visa. For example, one of the evidentiary criteria requires the applicant to show that they have performed as a lead, or starring role in distinguished productions. If you admit that a majority of your credits are neither lead nor starring, that essentially admitting that you do not meet the requirements of the peace, and therefore should be denied.

Every visa type is issued for a specific purpose.  If at the interview, you admit that you are entering the United States for a purpose different from the visa that you are applying for, it is most likely that you will be denied.

​For example, if you are applying for the O1 / Artist visa, and you tell the officer that you will be entering the country to start a business, the immigration officer will most likely deny your application. And remember we talked about the contracts and in the itinerary section? The immigration officer may also ask you questions relating to your current employment. Make sure you read the contract and the itinerary thoroughly so that you can answer any questions related to your employment now or in the future.

​This one is all about first impressions. It is not a requirement immigration wise to be able to speak fluent English in order to enter the United States. However, it is harder to state your case, then you are a person of extraordinary ability or achievement, if you are not able to articulate the reasons why in English. The immigration officers at the United States Consulate abroad are US citizens and often do not speak languages other than English. If you are not that comfortable with the English language, you should definitely practice a little bit more before attending the interview in order to prevent any confusion, and to give it a good first impression.

​These are the basic reasons why applications may be denied. Of course, there are multiple other reasons why a case can go horribly wrong. Always make sure that your initial application is the strongest possible.  Work with an immigration attorney that you trust, and has experience working on these type of cases. And if you do get a request for evidence or denial, definitely consult with an immigration attorney in order to figure out if your best options. 

​​ For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

​Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​

An O-1 visa is one of the various types of nonimmigrant visas that the United States allots to temporary workers. The O-1 visa is made available to people of proven extraordinary ability in the sciences, arts, education, business, or athletics.

The O nonimmigrant classification is commonly referred to as:

• O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
• O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
• O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
• O-3: individuals who are the spouse or children of O-1’s and O-2’s

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

If you are interested in applying for the O1 / Artist Visa, you should check out the video below in order to get an overview of the process.

​ For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

​Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​

The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’s fee-funded activities including O-1 visa applications. Our offices will remain open, and all individuals should attend interviews and appointments as scheduled. USCIS will continue to accept petitions and applications for benefit requests, except as noted below.

Some USCIS programs, however, will either expire or suspend operations, or be otherwise affected, until they receive appropriated funds or are reauthorized by Congress. These include:

• EB-5 Immigrant Investor Regional Center Program (not the EB-5 Program). Regional centers are a public or private economic unit in the U.S. that promotes economic growth. USCIS designates regional centers for participation in the Immigrant Investor Program. The EB-5 Program will continue to operate.
• E-Verify. This free internet-based system allows businesses to determine the eligibility of their employees to work in the U.S.
• Conrad 30 Waiver Program for J-1 medical doctors. This program allows J-1 doctors to apply for a waiver of the two-year residence requirement after completing the J-1 exchange visitor program. The expiration only affects the date by which the J-1 doctor must have entered the U.S.; it is not a shutdown of the Conrad 30 program entirely.
• Non-minister religious workers. This special immigrant category allows non-ministers in religious vocations and occupations to immigrate or adjust to permanent resident status in the U.S. to perform religious work in a full-time, compensated position.

However, consular visa issuance by the U.S. Department of State, while continuing, may become subject to delay as the shutdown continues, so petitioners and artists should be sure to build in extra time, especially in light of the previous Executive Order revocation by the Trump administration that was already increasing wait times at consulates. Consular officers were reportedly instructed last year to take more time with vetting of visa applicants across all classifications, so it is vital to leave more time than usual for the consular process.

​For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​

Effective November 1, 2018, U.S. Citizenship and Immigration Services (USCIS) has updated its policy regarding the period of time during which a Form I-693 (Medical Examination) submitted in support of a related immigration benefits application e.g green card applicationis considered valid. Form I-693 is used by USCIS officers in determining whether an applicant for an immigration benefit e.g green card application in the United States is inadmissible under the health-related grounds of inadmissibility.USCIS designates civil surgeons in the United States to conduct immigration medical examinations. USCIS is now updating the way the current maximum 2-year validity period is calculated. Currently, the Form I-693 is valid only when a civil surgeon signs it no more than 60 days before the date an applicant files the application for the underlying immigration benefit; and USCIS adjudicates the application within 2 years from the date of the civil surgeon’s signature. If you do not submit a valid Form I-693 Medical Examination, your green card application may be delayed or denied.
 
On August 9, 2018, U.S. Citizenship and Immigration Services (USCIS) published new policies relating to the accrual of unlawful presence for F and M nonimmigrant students, and J nonimmigrant exchange visitors.Pursuant to the revised guidance, students and exchange visitors in F, J, and M status will start accruing unlawful presence as of August 9, 2018 for failing to maintain their status, unless unlawful presence has already started accruing due to a prior finding of violation of status by a USCIS official or because an immigration judge had ordered the individual excluded, deported, or removed. This change in policy is particularly important to students and exchange visitors as they could now find themselves subject to the 3- or 10-year admission bars, which were generally not applicable to them under prior policy. 
Under the immigration law, a person who is unlawfully present in the U.S. for a period of more than 180 days but less than one year, and voluntarily leaves the U.S. before removal proceedings is barred from readmission to the U.S. for 3 years from the date of departure or removal.Respectively, the 10-year bar applies when the unlawful presence period is one year or more. Unlawful presence, as noted in immigration law, refers to being in the U.S. after the expiration of authorized stay or being in the U.S. without being admitted or paroled.
 
With the implementation of this new memo, USCIS is abandoning 20 years of consistent policy in favor of a retroactive approach to unlawful presence.In general, most students and exchange visitors are admitted for the "duration of status" to provide flexibility for the completion of academic programs, rather than a date certain on their I-94 admission records. Prior to this new unlawful presence policy, a student or exchange visitor would only begin to accrue unlawful presence after an immigration benefit application is filed and USCIS determines that the student or exchange visitor has violated his or her status, or an immigration judge ordered the student or exchange visitor excluded, deported, or removed. By changing the unlawful presence policy, students and exchange visitors now must be extra diligent to ensure that they maintain their status.

​Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​