Lang Wallace LLC Blog

The U.S. Department of State recently updated the requirements for a waiver of the visa stamping interview for people who are diplomats or who have been interviewed recently at a US consulate. Read more here:

U.S. Citizenship and Immigration Services published a Federal Register notice providing updated procedures for submitting a Form I-140 whether for PERM, Schedule A Occupations or NIWs. Read more here:

These updated policies will make some requirements of the temporary visa called O-1 Extraordinary Ability category easier to document and win.  Read more under USCIS’s O-1 Policy here: https://www.uscis.

These new requirements mandate that specialized knowledge gained from a diploma or degree should link more clearly to the profession. Read more here: https://www.uscis.

U.S. Citizenship and Immigration Services announced updated policy guidance on applications submitted under the International Entrepreneur Rule. Read more here:

Extraordinary Ability Green Card category has some new policy guidelines, allowing some people to meet threshold requirements more easily. Read more here: https://www.uscis.

The U.S. now permits citizens of Qatar to use ESTA for short term tourist and short term business visits to the United States, bypassing the visa interview at a U.S. consulate.

Spouses of certain H-1B visa holders can continue to work while in the United States. The principal H-1B Beneficiary must have an approved I-140 and be benefitting from AC-21. This is briefly explained by USCIS here: https://www.

In its decision issued June 28, 2024, on the case of Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the Chevron doctrine, a 40-year old precedent that had dictated how courts should interpret federal agency decisions and regulations. Possible key changes include:

• Reduced Deference from the Courts to Federal Agencies - courts may be less likely to defer and may instead exercise their own independent judgment in interpreting immigration laws.
• Increased Challenges to Agency Decisions - Immigrants and their advocates may find new avenues to challenge unfavorable agency decisions and interpretations of immigration laws that were previously protected by Chevron deference.
• Potential for Inconsistency - While courts may strive for consistency in their interpretations of immigration laws, the possibility of different rulings across different jurisdictions could introduce greater uncertainty into immigration law.

The U.S. Department of State announced it will open six new passport agencies across the country to keep up with rising demand. Read more here:

Effective March 11, 2019, USCIS will only accept the NEW I-539 to Extend/Change Nonimmigrant Status.  The new version will be released that day and will be posted here:https://www.uscis.gov/i-539.

Careful H-1Bs this Year!  The wife/husband of the H-1B must sign the I-539 – but additionally, all children (co-applicants) must submit and sign a separate Form I-539A. If the child is under 14 years, the parent can sign the Form I-539A. 

Each spouse and child has an EXTRA FEE of $85 for Biometrics in addition to the I-539 Fee.

• And of course, they will have to do Biometrics approximately 3 weeks after filing or longer if this leads to delays at ASC fingerprint centers.