News & Analysis as of

U.S. Government Issues Helpful Hints Regarding Marketplace Health Insurance Coverage and Immigration Status

In mid-March, the U.S. Citizenship and Immigration Services issued a notice including helpful hints for individuals who may have questions regarding their immigration status and how this may or may not affect eligibility for...more

EB-5 Visas: a Source of Funding for US Businesses but not Without Risk

China’s wealthy investors are known for seeking secure havens for their money overseas. In addition to being considered a secure environment for their money, the US offers the EB-5 program providing the investor and his or...more

Eleventh Circuit Court Holds That Remarriage Does Not Bar Green Card Eligibility for Surviving Relative

In Williams v. U.S. Dept. of Homeland Security, the United States Court of Appeals for the Eleventh Circuit reversed the district court's grant of summary judgment and remanded the case, finding that remarriage does not bar...more

Protecting the Integrity of the EB-5 Investment Market Through the Adoption and Use of Due Diligence Best Practices

EB-5 stakeholders must act to protect the integrity of the EB-5 investment market in the wake of the SEC fraud complaint against the International Regional Center Trust of Chicago, LLC. The EB-5 immigrant investor program...more

Advising Business Owners Seeking Financing Through the EB-5 Immigrant Investor Visa Program

Business owners throughout the United States are still finding it difficult to finance development and expansion of their business, almost three years after the start of the Great Recession in September 2008, and weak job...more

Update on California’s New Targeted Employment Area Procedures for EB-5 Immigrant Investor Financing

The Governor’s Office of Business and Economic Development is actively communicating with EB-5 stakeholders to address concerns raised with the new procedures for designating “Targeted Employment Areas.” We met with Brook...more

EB-5 Alert: California’s New Targeted Employment Area Procedures Impose New Barriers on California’s Ability to Compete for EB-5...

California has adopted new policies that will deny EB-5 financing to many projects. On April 30, 2012, the California Department of Business, Transportation and Housing Agency released a bombshell that will have substantial...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

USCIS Issues Policy Memo on Parole of Non-Citizen Family Members of Military Service Men and Women

Parole in place (PIP) is an immigration procedure that allows qualifying family members who entered the U.S. without inspection and admission to apply for green cards (adjustment of status) while in the U.S., instead of being...more

Expect Significant EB-2 India Retrogression In December

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual can begin the final phase of the “green card” process, either through adjustment of status or consular...more

Updates from USCIS: Parole in Place, E-Verify and December Visa News

Parole in Place (PIP) Provides Pathway to Green Card for Families of Service Members - The U.S. Citizenship and Immigration Services (USCIS) has released a policy memorandum addressing the parole of spouses, children...more

What You Need to Know about Your Marriage Green Card Interview

An interview with a U.S. Customs and Immigration Services official is a critical part of the marriage-based green card application process. The USCIS considers the interview to be an opportunity to confirm that the...more

USCIS Begins Approving Green Card Applications for Same-Sex Married Couples

A California professor was one of the first binational couples to have their marriage recognized by federal immigration officials. Although Tom Knutson and his partner Phan Datthuyawat have been together for more than 20...more

Immigration Alert: October 2013

I. USCIS Instructs on Immigration Benefits for Same-Sex Spouses - On June 26, 2013, the Supreme Court of the United States ("SCOTUS") held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional....more

Government October 2013 Shutdown to Haunt H-1B and other Foreign Workers

Effective October 1, 2013, U.S. federal government operations are experiencing a lapse in appropriations due to the inability of Congress to pass a funding bill. The shutdown is preventing employers from filing H-1B...more

Immigration Shutdown: Green Card Process Delayed And E-Verify Unavailable During Government Shutdown

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC), which processes Applications for Permanent Employment Certification (the first stage of the green card process), prevailing wage requests and Labor...more

EB-5 Program Faces Heightened Enforcement Scrutiny

Announcements last week by the Securities and Exchange Commission (SEC) and U.S. Citizenship Immigration Services (USCIS) indicate that investments made through the EB-5 Immigrant Investor Program (the EB-5 Program) will be...more

SEC Charges Texas Couple for EB-5 Fraud Scheme

Marco and Bebe Ramirez were recently charged by the Securities and Exchange Commission (SEC) for fraudulently obtaining at least $5 million from foreign investors. The pair raised the funds by falsely promising that their...more

An Immigration Guide for International Same-Sex Married Couples

As we recently reported, the U.S. Supreme Court recently ruled in the case of U.S. v. Windsor that Section 3 of the Defense of Marriage Act is unconstitutional, and President Obama subsequently directed federal government...more

USCIS Finalizes Formal Procedures for Reopening Green Card and Fiancé(e) Applications Previously Denied Because of DOMA

On June 26, 2013, the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. Following that decision, U.S. Citizenship and Immigration Services (USCIS) announced that it will approve...more

Iowa Immigration Law Blog: Huge Leap for India EB2 in August

News travels fast, so you may have already heard that the waiting line for the EB2 (advance degree professional) category for India jumped from September 1, 2004, in July to January 1, 2008, for August....more

Iowa Immigration Law Blog: Family-based 2A Category Current for August

The waiting line for immigration of family members and those sponsored by their employers moves according to determinations made by the Department of State (DOS) each month....more

Homeland Security Issues Guidance on Same-Sex Immigration Benefits

After the recent U.S. Supreme Court ruling in the case of U.S. v. Windsor, which found that Section 3 of the Defense of Marriage Act is unconstitutional, President Obama directed federal government departments to ensure that...more

What Windsor Means for Same-Sex Married Couples Seeking U.S. Immigration Benefits

On June 26, 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the 1996 Defense of Marriage Act (“DOMA”) is unconstitutional. This Section of DOMA prohibited the U.S. government from conferring any...more

What Are The Immigration Consequences of the Fall of DOMA?

One of the key policy drivers behind Immigration law is family unification and several aspects of the law provide for preferential immigration treatment for spouses. ...more

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