News

We have received reports that foreign nationals who are in the United States as students and researchers in the F-1, J-1, and M-1 statuses have received notices in the last few days that their visas have been revoked and that their SEVIS records have been terminated. Most of these individuals have had issues with the police, even if charges were ultimately dropped, or expressed certain political opinions. A terminated SEVIS record usually means that the individual’s status is no longer valid. What remains unclear is whether the individual should leave the U.S. or whether there are legal options for them.

Can officers search my electronic device at the airport or border?

You don’t have to be a law enforcement officer, lawyer, or suspect to be familiar with terms like reasonable suspicion, probable cause, search warrants, and so forth. Anyone who has ever watched a crime show on TV has heard these terms. The 4th Amendment protects us against unreasonable searches by the government. Government enforcement officials must meet certain standards or take certain steps before searching people, their homes, papers, and personal effects.

The Federal Government has authority to search and inspect people and goods coming into and going...

Each day in the news there are reports of individuals being denied reentry into the U.S. We anticipate that the official rules concerning travel and visa issuance will be evolving, so it is important to keep an eye out for the latest news developments. In the meantime, until there is more certainty, the practical questions people are asking are whether they can travel, whether they should travel, and if they travel how best to prepare themselves.

Our recommendation is that you should avoid unnecessary international travel until there is more certainty about the rules concerning travel and reentry into the...

On March 12, 2025, the US Department of Homeland Security (DHS) will be publishing an Interim Final Rule which will take effect within 30 days requiring individuals to register their presence and provide their fingerprints if they are in the US for 30 days or more. There are some exceptions. The following is provided for educational purposes and we will continue to monitor this.

Of particular note is that those with children in the US as nonimmigrants must be mindful that their children will need to register and appear for fingerprinting within 30 days of turning 14.

Also, Canadians entering...

Foreign national travelers renewing U.S. visas may now encounter a new challenge following a recent change to the visa interview waiver process.

Whenever a foreign national enters or returns to the U.S., the individual must carry a valid passport, proof of status in the U.S. (e.g., nonimmigrant petition approval notice in many cases), and a valid U.S. visa for the corresponding status. Such visas are obtained at U.S. Consulates operated by the U.S. Department of State (DOS). For those individuals renewing their visas, there has been an option to bypass an in-person interview. This option is now facing...

For non-profit organizations involved in research activities, hiring foreign workers under the H-1B visa category can be a viable path to access specialized skills and expertise. However, navigating the complexities of H-1B regulations is essential to ensure compliance and maximize the chances of a successful application. Below are some of the considerations non-profit employers must keep in mind to qualify under the definition of 8 CFR 214.2 (h) (19) (iii) (C).

The H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations. To qualify for H-1B sponsorship, the position must be a specialty occupation. This typically means...