Tag: Work Visa

Digital Nomad Visas to the United States: What Remote Workers Should Understand

Blog post on digital nomad visa in the United States.

As remote work becomes the new norm, “digital nomad visas” have surged in popularity around the world. Countries from Portugal to Costa Rica now offer special visas that allow location-independent professionals to live abroad while working for foreign employers.

However, the United States (U.S.) does not offer a visa specific for digital nomads. Until this changes, there are several immigration options that digital nomads commonly consider in order to spend time in the U.S., each with distinct limitations and eligibility requirements.

Understanding these categories is imperative to staying compliant with U.S. immigration law.

Why Doesn’t the U.S. Have a Digital Nomad Visa?

While many countries have designed new visa categories specifically for remote workers, U.S. immigration law does not yet recognize “digital nomads” as a distinct visa class. U.S. visas are purpose-driven, meaning an applicant must fit into an existing, pre-defined category such as tourism, business visits, employment, investment, or study.

Because remote work for a foreign employer does not clearly align with traditional U.S. visa categories, digital nomads must look to other existing options that best match their activities.

B-1/B-2 Visitor Visas: WARNING!

Many digital nomads assume they can simply enter the U.S. on a B-1/B-2 visitor visa (or through the Visa Waiver Program/ESTA) while working online for a foreign company. The reality is more complicated.

The B-2 visa is for tourism, visiting friends or family, or receiving medical treatment while the B-1 visa allows certain limited business activities (meetings, conferences, negotiations); however, neither permit productive work for hire inside the U.S., even if the employer is abroad.

Digital nomads who profit from extended stays in the U.S. while working full-time online for a foreign company should be cautious. A visitor visa is not designed for people “living” in the U.S. while working, even remotely, and prolonged or repeated entries can raise questions about misuse of status.

Employment-Based Visas for Remote Workers

Digital nomads who want a long-term or more stable presence in the U.S. may consider employment-based immigration options; however, these generally require a U.S. employer or a qualifying business relationship. Common categories include:

  • H-1B (Specialty Occupations): Requires a U.S. employer sponsor and a position requiring specialized knowledge and at least a bachelor’s degree.
  • O-1 (Extraordinary Ability): Popular for creatives, entrepreneurs, and high-achieving professionals who can demonstrate sustained national or international acclaim.
  • E-2 (Treaty Investor): Available to nationals of treaty countries who invest in and operate a U.S. business. These are not suitable for employees of foreign companies but attractive for entrepreneurial nomads.
  • L-1 (Intracompany Transfers): For employees of multinational companies transferring to a U.S. branch.

These categories are not “digital nomad visas,” but for remote professionals seeking to build a long-term presence in the U.S., they may provide more secure immigration footing.

Final Thoughts

Until the United States creates a dedicated digital nomad visa remote workers must navigate a patchwork of existing visa categories. Because rules around remote work and visitor status are nuanced, digital nomads should seek expert guidance before relying on a visitor visa for extended stays.

If you’re exploring your options as a remote worker or entrepreneur, AVA can help evaluate your goals and determine the safest and most suitable U.S. immigration path.

You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of November 17, 2025

$100,000 H-1B Fee: What Employers and Workers Need to Know

Blog post on $100,000 H-1B fee.

On September 19, 2025, President Trump signed a proclamation restricting the entry of anyone in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers had an effective date of 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.

USCIS Issues Guidance

On September 20, 2025, USCIS issued guidance, which noted that the proclamation applies to petitions filed after 12:01 am EDT on September 21,2025. Specifically, USCIS explains the Proclamation does not:

  • Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
  • Change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
  • Prevent any holder of a current H-1B visa from traveling in and out of the United States
USCIS H-1B Memo

Final Thoughts

If you are an employer with H-1B employees or an H-1B employee, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation. This is an ongoing situation that AVA Global is closely monitoring.

TN Visa: A Guide for Employers and Professionals

TN Visa blog post showing the flags of Canada, the U.S., and Mexico.

The TN Visa offers citizens from Canada or Mexico a unique opportunity to work in the United States (U.S.). Established under the United States-Mexico-Canada Agreement (USMCA), which was formerly called NAFTA, the TN visa provides a streamlined process for certain professionals to work in the U.S. on a temporary basis.

In this article, we’ll explore the key features of the TN visa, including who qualifies, and what both employers and applicants need to know to navigate the process successfully.

What Is a TN Visa?

The TN visa is a nonimmigrant work visa available to citizens of Canada and Mexico. It allows qualified professionals to work in the U.S. for a U.S. employer in pre-approved occupational categories, typically for an initial period of up to three years, with the possibility of renewal.

The TN visa was created to promote trade and economic relationships between the three countries by simplifying the hiring process for specific professional roles.

Who Qualifies for a TN Visa?

To qualify for a TN visa, the applicant must:

  1. Be a citizen of Canada or Mexico (not just a resident or permanent resident).
  2. Have a job offer from a U.S. employer for a role listed in the USMCA-approved list of professions.
  3. Possess the qualifications—such as a degree or professional license—required for that occupation.
  4. Be entering the U.S. to work in a pre-arranged professional-level job that requires the application of a specific body of knowledge.

Eligible TN Occupations

There are over 60 designated professions eligible for TN status, including:

  • Accountant
  • Engineer
  • Scientist
  • Pharmacist
  • Registered Nurse
  • Architect
  • Economist
  • Computer Systems Analyst
  • University Professor or Researcher

Each profession has specific educational or licensing requirements. For example, an engineer must typically have a bachelor’s degree or state/provincial license.

TN Visa Application Process

For Canadian Citizens:

  • Canadian citizens can apply directly at a U.S. port of entry (land border or airport with CBP preclearance).
  • They must present:
    • Proof of citizenship
    • A detailed job offer letter
    • Credentials showing qualification for the job
  • If approved, the TN visa is granted on the spot.

For Mexican Citizens:

  • Mexican citizens must first apply for a TN visa at a U.S. consulate.
  • Once approved, they can enter the U.S. with the visa.

In both cases, the U.S. employer does not need to file a petition with USCIS in advance, making this one of the fastest employment-based visa options.

Benefits of the TN Visa

  • Quick processing: Especially for Canadians, approval can be same-day.
  • No annual cap: Unlike H-1B visas, there is no quota.
  • Spouse and dependents can enter on TD visas, though they cannot work.
  • Renewable indefinitely, though the visa remains temporary and non-dual intent.

Important Considerations

While the TN visa offers many advantages, there are limitations:

  • Self-employment is not allowed.
  • The role must be temporary—even if employment is long-term.
  • TN visa holders should avoid statements or actions that suggest intent to seek permanent residency, as the TN does not support dual intent.

Need Help with a TN Visa?

Whether you’re a U.S. business looking to hire skilled Canadian or Mexican professionals, or a foreign national preparing for a TN visa application, the process can be deceptively complex. At AVA Global, we help clients prepare strong applications, avoid costly mistakes, and ensure compliance with immigration regulations.

Contact us today to schedule a consultation and learn how we can help you make the most of the TN visa option. Our attorney are licensed to practice U.S. immigration law in all 50 states and at consulates and embassies around the world.

Current as of June 2, 2025

**This is not legal advice and engagement with this post does not create an attorney/client relationship. Please schedule a consultation for specifically tailored advice.

FY 2026 H-1B Lottery Open Now!

FY 2026 H-1B lottery reminder with an alarm clock.

An important reminder that the FY 2026 H-1B lottery opened last Friday and runs through noon, EST, on March 24, 2025. The H-1B visa is one of the most sought-after pathways for foreign nationals wishing to work in the United States.

What is an H-1B Visa?

An H-1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations. Typically, the job must require a bachelor’s degree or higher in a specific field, such as engineering, IT, finance, healthcare, or other technical sectors.

What is the H-1B Lottery?

The H-1B visa is subject to an annual cap, which means that there are a limited number of visas approved each year. As theses visa are highly competitive, prospective employers who are subject to the cap and hope to hire an H-1B employee must enter their beneficiary in the H-1B Lottery.

How does an Employer Register for the Lottery?

Cap subject employers must use a USCIS online account to register each beneficiary electronically for the selection process. Employers must also pay the associated registration fee of $215 for each beneficiary before the registration period ends.

If you would like assistance registering for the H-1B lottery and filing a petition for an employee in the event that your registration is drawn, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of March 11, 2025

Understanding Employment Green Cards and the PERM Process

The PERM process is essential for employers sponsoring foreign workers for green cards, ensuring no negative impact on U.S. labor. It involves job description, wage determination, recruitment, and DOL review.

WOMEN ASKING WHAT PERM IS

The Program Electronic Review Management (PERM) process is a crucial step in employment-based immigration in the United States. It is the first stage for many employers seeking to sponsor foreign nationals for a green card under employment-based preferences such as EB2 and EB3. In this article, we provide a clear and concise guide to help employers and employees navigate this process effectively.

What Is the PERM Process?

The PERM process is managed by the U.S. Department of Labor (DOL) and is designed to ensure that hiring a foreign worker will not negatively impact the job opportunities, wages, or working conditions of U.S. workers. Before an employer can file an employment-based green card petition for a foreign worker, they must first obtain a labor certification through PERM.

The PERM process involves a detailed evaluation of the job market to confirm that no qualified U.S. workers are available to fill the job and that employing a foreign worker will not adversely affect U.S. workers’ wages or working conditions.

Steps in the PERM Process

1. Job Description and Requirements

The employer must create a detailed job description that includes the duties, minimum education, experience, and special skills required. It’s critical that these requirements are bona fide and related to the job’s necessities rather than tailored to a specific individual.

2. Prevailing Wage Determination (PWD)

The employer must request a Prevailing Wage Determination from the DOL. This determines the minimum wage the employer must offer for the position, based on the job location and requirements. Employers must ensure they’re prepared to pay at least the prevailing wage to the foreign worker.

3. Recruitment Efforts

One of the most significant parts of the PERM process is demonstrating that there are no qualified U.S. workers available for the position. The employer must undertake extensive recruitment efforts, which typically include:

  • Posting the job with the state workforce agency.
  • Advertising the position in at least two Sunday editions of a widely circulated newspaper.
  • Utilizing additional recruitment methods, such as job fairs, online job boards, or professional organization advertisements, for professional positions.

The recruitment must be conducted in good faith, with the employer evaluating all applicants and documenting why U.S. workers were not suitable.

4. Filing the ETA Form 9089

Once recruitment efforts are completed and no qualified U.S. workers are found, the employer files the ETA Form 9089 with the DOL. This form documents the job requirements, recruitment steps, and reasons for rejecting U.S. applicants.

5. DOL Review and Decision

The DOL reviews the ETA Form 9089 and may conduct audits to verify compliance with PERM requirements. Audits can be random or triggered by certain factors in the application, such as unusually restrictive job requirements. Employers must respond promptly to any audit requests.

If the DOL approves the application, the employer receives a certified labor certification. If denied, the employer can request reconsideration or appeal the decision.

Important Considerations

Timelines

The PERM process can take several months to over a year, depending on factors like prevailing wage processing times, recruitment duration, and potential audits. Employers should plan their hiring timelines accordingly.

Compliance

Strict compliance with DOL regulations is essential to avoid denials or audits. Employers must maintain detailed records of recruitment efforts, applicant evaluations, and reasons for rejecting U.S. workers.

Why Is the PERM Process Important?

The PERM process plays a critical role in balancing the needs of U.S. employers and the domestic labor market. It allows employers to address genuine labor shortages while protecting the interests of U.S. workers. For foreign workers, it is often the first step toward securing permanent residency and building a long-term career in the U.S.

While the PERM process may seem daunting, understanding its requirements and following a structured approach can help ensure success. Both employers and employees benefit from meticulous preparation, transparent communication, and adherence to regulatory guidelines. Whether you’re navigating the process for the first time or seeking to refine your approach, staying informed is key to making the PERM process a smooth and rewarding experience.

If you are an employer or an employee who would like to know more about employment based green cards and PERM, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of December 13, 2024

Emergency Emergency! How do I File an Expedite Request with USCIS?

Ambulance with the words "emergency, how do I file an expedite request?"

If you’ve filed a petition or application with United States Citizen and Immigration Services (USCIS) and are facing an urgent situation, this article will help you understand how to file an expedite request and how AVA can assist you in this process.

What is Expedited Processing?

If you are facing an urgent situation, then you may be able to ask USCIS expedite your case. Although every application does not qualify, certain situations may warrant faster processing time.  In general, USCIS considers the following to determine whether or not to expedite a case:  

  1. Emergencies or Urgent Humanitarian Situations: Cases involving urgent humanitarian reasons or emergency situations can be expedited. This might include medical emergencies or critical family issues.
  2. Severe Financial Loss: If delaying your case could result in significant financial hardship for you or your employer, you may be eligible for expedited processing provided that the need for urgent action is not the result of the petitioner or applicant’s failure timely file the benefit requires or to timely respond to any requests for evidence.
  3. Nonprofit Organizations: If your application benefits a nonprofit organization that serves the cultural or social interest of the U.S., it may qualify for expedited processing.
  4. U.S. Government Interests: If your case is of national interest or concern to the U.S. government, such as urgent medical or scientific research, national interest, public safety or national security, it may warrant expedited processing.
  5. Mistakes by USCIS: If your case has been delayed due to an error on USCIS’s part, you can request expedited processing.

Expedited Processing Steps:

If you believe your case meets one of the criteria for expedited processing, here are the steps you should follow:

  1. Gather Supporting Documentation: When making a request to expedite your case, you must provide clear evidence that supports your claim. This may include financial statements, letters from employers, medical records, or any other pertinent documentation.
  2. Prepare a Written Request: Write a concise and formal request for expedited processing. Include your full name, case number, and a detailed explanation of why you need expedited processing, along with your supporting documents.
  3. Contact USCIS: You can submit your expedite request via the USCIS Contact Center or through your online account if you filed your application electronically. Ensure that your request is clearly labeled as an “Expedited Request.”
  4. Follow Up: After submitting your request, it’s essential to follow up. You can check the status of your case online or contact the USCIS Contact Center for updates.

An Immigration Attorney’s Role

Although it’s possible file an expedite request on your own, enlisting the help of an experienced immigration attorney can significantly enhance your chances of success. Here’s how the attorneys at AVA can assist you:

  1. Expert Guidance: Our attorneys understand the complexities of immigration law and can help you determine if your case qualifies for expedited processing based on your unique situation.
  2. Document Preparation: We can assist you in gathering the necessary documentation and crafting a compelling expedite request that clearly articulates your need for urgency.
  3. Effective Communication with USCIS: Our firm has established communication channels with USCIS and can effectively advocate on your behalf, ensuring that your request is properly submitted and considered.
  4. Timely Follow-Up: We will monitor the progress of your request and keep you informed, allowing you to focus on your personal and professional commitments.

Expediting a USCIS case requires a clear understanding of the criteria, thorough preparation, and effective communication with USCIS. If you find yourself in a situation where expedited processing is necessary, consider seeking legal guidance to ensure that your request is handled correctly.

At AVA Global, we are dedicated to helping you navigate the complexities of the immigration process. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world. Please contact us today to schedule a consultation and let us help you expedite your case effectively and efficiently. Your future is our priority!

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of October 21, 2024

3 Options When You Have Lost Your Job on an H-1B Visa

Woman sitting on her couch with a computer and phone.

If you have lost your job on an H-1B visa and are currently in the United States, it is important that you do not panic. Losing a job can be frightening and stressful, but you should remember that there are options available to you to navigate this challenging situation.

What is an H-1B Visa?

H-1B visas are dual-intent visas that allow U.S. companies to employ foreign workers in specialty occupations. H-1B visas provide many benefits, including the ability to work in the U.S. for up to six years; however, it is important to remember that the visa is tied to an employer. So, if you lose your job, then it will create complications with your visa status.

H-1B Grace Period

If you have lost your job on an H-1B visa, then it is important to know that you have a 60-day grace period to either change your status, find another employer or leave the U.S.

Potential Options After Job Loss

1. Find a New Employer

One of the best options if you are terminated while on an H-1B visa is to find a new employer who is willing to sponsor your visa. Although the new employer will need to file a new I-129 petition on your behalf, eligible H-1B nonimmigrants may begin working for a new employer as soon as the employer properly files a new petition requesting to amend or extend H-1B status, without waiting for the petition to be approved. For more information about H-1B portability see the USCIS H-1B Specialty Occupations page.

2. Change Your Visa Status

If you cannot find a new employer to sponsor your H-1B within the 60 day grace period, then you can consider changing your visa status. Potential change of status visa options include:

  • F-1 Student Visa: If you are interested in going back to school to further your education, then you can apply for an F-1 student visa. This visa would allow you to study in the U.S.. Additionally, it may offer opportunities for work through Optional Practical Training (OPT) after graduation.
  • B-2 Tourist Visa: If you’d like to stay in the U.S. for tourism purposes, then you can apply for a B-2 visa. It is important to note that this visa does NOT permit employment.
  • Other Employment Visas: Depending on your qualifications and circumstances, you might qualify for other employment-based visas. If you are interested in discovering what other visas you may be eligible for then you can speak with an immigration attorney to go through your options.

3. Leave the United States

If finding an new job or changing status is not an option for you, then you should leave the country within the 60 day grace period so that you do not accrue unlawful presence.

Consulting an Immigration Attorney

U.S. immigration law is highly nuanced and navigating the complexities of it can be challenging. Consulting an experienced immigration attorney can provide invaluable guidance specifically tailored to your situation. At AVA, our attorneys can help you understand the U.S. immigration options available to you at a consultation.

Although losing a job while on an H-1B visa can be overwhelming and stressful, rest assured that there are potential paths forward. Whether you choose to seek new employment, change your visa status, or ultimately leave the U.S., taking proactive steps during your grace period is critical. Please remember, you do not have to face this process alone as our kind and passionate attorneys are licensed to practice U.S. immigration law in all 50 states and at all U.S. embassies and consulates around the globe! If you’d like to schedule a consultation with AVA, please click here.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of October 8, 2024

Nonimmigrant Visa Interview Preparation in 4 Steps!

Three people waiting for a nonimmigrant visa interview.

Nonimmigrant visas permit foreign nationals to enter the United States (U.S.) for a specific period of time for a temporary reason. In order to secure the visa, a nonimmigrant visa interview is usually required at the U.S. embassy or consulate in the foreign national’s home country.  Whether you’re applying for a student, tourist, work, or other nonimmigrant visa, understanding what to expect during this interview can significantly influence your chances of success! Here are AVA Global’s Nonimmigrant Visa Interview tips in 4 Steps!

1. What is a Nonimmigrant Visa?

A nonimmigrant visa allows foreign nationals to enter the U.S. for a specific purpose and a limited duration. Typical nonimmigrant visas include:

2. Nonimmigrant Visa Interview Preparation

Just as you would prepare for a job interview, you should prepare for your visa interview. For a nonimmigrant visa, you will only have a few minutes to convince the officer that you qualify for the visa and do not have immigration intent. Preparation is absolutely key to navigating the visa interview process.

  1. Understand the Visa you have applied for: This includes familiarizing yourself with the specific requirements for your visa category. This will not only help you prepare your documentation but also understand what questions you might face.
  2. Gather Required Documents: Ensure you have all the necessary documents, including:
    • A valid passport
    • A properly completed form DS-160 (Online Nonimmigrant Visa Application) confirmation
    • Visa appointment confirmation
    • Payment receipts
    • Supporting documents relevant to your visa type. Make sure this is well organized, and you can quickly navigate to the evidence in question if you are asked to do so.
  3. Practice Common Questions: Visa officers often ask about your plans in the U.S., ties to your home country, and financial means. Practice your answers to common questions such as:
    • Why do you want to go to the U.S.?
    • How long do you plan to stay?
    • What ties do you have to your home country that will ensure your return?
    • How do you plan to support yourself during your trip?
  4. Dress Appropriately: First impressions matter. Dressing professionally can help convey that you are serious about your application.
  5. Be Honest and Concise: The visa officer will appreciate straightforward answers. Misrepresentations can lead to denial or future visa ineligibility.

3. What to Expect During the Interview

On the day of your interview, arrive early to account for security checks and any potential delays. Here’s what typically happens:

  1. Security Screening: You’ll go through a security checkpoint, similar to the process at an airport. Leave prohibited items (like electronics) at home or in your hotel.
  2. Check-In: At the consulate or embassy, check in with the reception desk and wait for your name to be called.
  3. Interview Process: When your name is called, you’ll be taken to a window, similar to a bank teller, where the consular officer will conduct the interview. They will ask you questions to assess your eligibility and may ask to review your documents.
  4. Possible Outcomes: After the interview, you may receive one of several outcomes:
    • Approved: Your visa is approved, and you’ll receive instructions on passport collection.
    • Denied: The officer will explain the reasons for denial. Common reasons include insufficient ties to your home country or incomplete documentation. The officer should give you a sheet of paper outlining why your visa was denied.
    • Administrative Processing: In some cases, your application may require additional review, which can delay the decision.

4. Common Issues to Avoid

  1. Inadequate Documentation: Make sure you bring all required documents. Missing information can lead to denial.
  2. Vague Answers: Be clear and specific in your responses. Ambiguity can raise red flags.
  3. Emotional Responses: Stay calm and composed, even if the questions become challenging.

Although navigating a nonimmigrant visa interview can be intimidating, thorough preparation can enhance your chances of a successful outcome. Remember that each interview is an opportunity to present your case clearly and confidently. If you have questions or need assistance, you can schedule a consultation with our U.S. immigration attorneys here.

Our attorneys are licensed to practice U.S. immigration law in all 50 states and at all U.S. embassies and consulates around the globe!

**This is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of October 4, 2024