More Than 40 Years Of Immigration Law Counsel

Featured Announcement

FY 2022 H-1B Cap Registration Begins March 8, 2021

The FY 2022 H-1B Cap Registration period will begin March 8, 2021, and end March 26, 2021.

The new H-1B cap registration final rule (86 FR 1676) modifying the H-1B cap selection process, amending current lottery procedures, and prioritizing prevailing wage takes effect on March 8, 2021. Our firm expects this to be the start date of the 2022 H-1B cap registration period, even if Biden withdraws the final rule.

FAM allows dependent to obtain a NIV as long as the principal maintains NIV status in the U.S.

The Foreign Affairs Manual states the dependent of a principal in the US in a Non-immigrant visa (NIV) status may obtain the NI Visa as long as the principal maintains the status in the U.S.

9 FAM 402.1-6 ISSUANCE OF NONIMMIGRANT VISAS (NIV) TO SPOUSES AND/OR CHILDREN WHEN PRINCIPAL IS IN STATUS BUT HAS NO VISA.

Derivative beneficiaries are entitled to apply for visas to follow and/or join a principal applicant who is maintaining legal status in the United States, even when the principal applicant was never issued a valid visa in the classification being sought for by the spouse and dependent children.

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