News & Analysis as of

Lawful Permanent Residents Visas

Reinvestment of EB-5 Funds in a New Project Can Maintain the "At-Risk" Requirement

by Ballard Spahr LLP on

One of the more popular topics among EB-5 project owners and practitioners in recent years is the requirement that investors' funds remain "at risk" as a bona fide "investment." Complications arise regarding maintenance of...more

The United States Supreme Court Allows Part of President Trump’s Travel Ban to Move Forward, Will Hear Case on its Merits

Yesterday, the U.S. Supreme Court issued a unanimous order lifting part of the injunction that had been placed against President Trump’s March 6 Executive Order that established a travel ban on certain people entering the...more

School Districts Taking Advantage of New H-1B Cap Exemption Regulations

by McNair Law Firm, P.A. on

With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction—schools districts are...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

by FordHarrison on

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

by Kirton McConkie PC on

On Friday, November 18, 2016, U.S. Citizenship and Immigration Services (USCIS) released the press release below. USCIS has published a final rule to modernize and improve several aspects of certain employment-based...more

Thinking of Immigrating to Canada?

by Field Law on

To the astonishment of many around the globe Donald Trump has been elected as the 45th President of the United States of America; and for the second time this year, the Government of Canada’s immigration website crashed due...more

New Canadian Entry Requirement: Mandatory Beginning November 10, 2016

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Beginning November 10, 2016, the Canadian government will require many travelers flying to Canada to first obtain an Electronic Travel Authorization (eTA). The following alert is relevant to...more

Cuando Sali De Cuba – The Surprising Incongruence in Immigration Benefits between Cubans and the Rest of Latin Americans

by Gerald Nowotny on

I was a Spanish and Portuguese major at the United States Military Academy a long time ago. In those days, I saw my future as five years of military services and then on to graduate school to get a degree in Latin American...more

DHS Announces Changes to Benefit Undocumented Immigrants

On July 29, 2016 the Department of Homeland Security announced a final rule that expands eligibility or a provisional waiver of unlawful presence, (‘‘provisional waiver’’). For readers who are unfamiliar with the provisional...more

DHS Expands the Provisional Unlawful Presence Waiver

by Cozen O'Connor on

Today, The U.S. Department of Homeland Security (DHS) finalized a rule that expands eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The provisional unlawful presence waiver...more

Immigration and Nationality Act 50th Anniversary Series: National Origin Quotas to Skills & Family Based Immigration

Political Theater: President Johnson and the Bully Pulpit - Fifty years ago, President Lyndon B. Johnson gave Representative Michael Feighan (D-OH) his famous “Johnson Treatment”—using his intimidating physicality to...more

U.S. Diversity Visa Lottery Offers Alternative Immigration Path for Employees Subject to Backlogs

The U.S. Department of State opened the Diversity Visa (DV) lottery registration for FY 2017 at noon eastern standard time (EST) on October 1, 2015. It will close on Tuesday, November 3, 2015, at noon (EST). The DV program...more

2017 Diversity Visa Lottery Registration Begins Today

by Mintz Levin on

On October 1, 2015, the US Department of State will begin accepting requests to register for the 2017 Diversity Immigrant Visa Program (DV-2017), also known as the Green Card Lottery. The Diversity Lottery Program provides a...more

USCIS To Accept Certain I-485 Applications Before Priority Date Becomes Current

by Mintz Levin on

U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) announced that beginning with the visa bulletin effective October 1, 2015, USCIS will accept for filing I-485 applications to adjust status...more

EB-5 Program Reauthorization: Proposed Legislative Reforms

by Mintz Levin on

Created by the Immigration Act of 1990, the Immigrant Investor Program, more commonly referred to as the EB-5 program, offers foreign investors an opportunity to secure permanent residency in the United States by making a...more

Guide To Doing Business in Australia: Entry to Australia (Updated)

ENTRY TO AUSTRALIA - Before reading this information, please be aware the information provided is not intended to be legal advice or to be acted upon without further consultation. Because of the complex maze of...more

[Event] Immigration Basics for Startup Founders - May 7, San Diego, CA

This discussion will focus on simplifying complicated immigration issues, including work visas, investor visas, and permanent residency. This talk is very relevant for our international community of entrepreneurs in San...more

Pentagon Attempt to Enlist DACA Recipients Delayed

As we recently reported, the Pentagon has been attempting to expand its ability to recruit beyond lawful permanent residents (LPRs) and U.S. citizens by enlisting Deferred Action for Childhood Arrivals (DACA) recipients. In...more

Potential Immigration Relief Measures for Filipino Nationals Impacted by Typhoon Haiyan

On November 15, 2013, U.S. Citizenship and Immigration Services (USCIS) issued a reminder to Filipino nationals, in light of Typhoon Haiyan in the Philippines (named “Yolanda” by Philippine authorities), that they may be...more

Florida DMV Will Not Accept Immigration Documents Based on Same-Sex Marriage

Part of the driver license application process in Florida involves proving lawful status in the U.S. There are many documents or sets of documents an applicant can provide to the Florida Department of Motor Vehicles (DMV) to...more

It’s Time to Register for the 2015 Diversity Immigrant Visa Lottery!

On October 1, 2013, the U.S. Department of State will begin accepting requests to register for the 2015 Diversity Immigrant Visa Program (DV-2015), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

Now Is the Time for Permanent Residents to Seek Visas for Their Children and Spouses

by Ronald Shapiro on

If you are a permanent resident of the U.S. (a “green card” holder) and want to obtain a visa to bring your foreign spouse or children under the age of 21 to live with you, then NOW is the time to do it....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

Implementation of DOMA Decision

by Cozen O'Connor on

Statement from Secretary of Homeland Security Janet Napolitano: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed...more

A Temporary Protected Status beneficiary who entered without inspection may be eligible to adjust status.

In a decision dated June 4, 2013 (Flores v. USCIS), .the U.S. Court of Appeals for the Sixth Circuitfound that the plain language of INA §244(f)(4) supports a path to legal permanent residence status under §245 for a...more

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