News & Analysis as of

Differences between Work Permit and Green Card

Many people use the words “work visa” and “green card” interchangeably when they are talking about employment-based immigration, but there are several key differences between the two immigration options. The biggest...more

Banker Beware: EB-5 Programs Can Be Fraught With Peril

The EB-5 visa, created by Section 203(b)(5) of the United State's (U.S.) Immigration Act of 1990, was established to attract foreign capital and create U.S. jobs by providing a method of obtaining a Green Card for foreign...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

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On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

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

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

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

Diversity Lottery FAQ

The Diversity Visa (DV) Lottery Program provides 55,000 green cards each year to nationals of countries which the U.S. considers to be under-represented in U.S. immigration. The following are frequently asked questions...more

Thinking of Investing in an EB-5 Regional Center? Some Things to Consider Top 10 Due Diligence Questions

The EB-5 Immigrant (Green Card) Investor Visa requires that you invest either $1,000,000 in a city settings, or $500,000 in rural settings, and in return, the U.S. Government will give you, your spouse and your children a...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

DV-2015 Diversity Visa Lottery Now Available

Each year the Diversity Visa Lottery (DV) Program makes available 55,000 immigrant visas to aliens from selected countries (note that 5,000 of those visas are held back for the Nicaraguan Adjustment and Central American...more

It’s Time to Register for the 2015 Diversity 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

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

Immigration News Flash: United States Diversity Visa Lottery Registration Opens Tuesday, Oct. 1, 2013 at Noon EDT and Will Close...

The Diversity Visa (DV) Lottery Registration for the next cycle of this popular program opens Tuesday, October 1, 2013. Entries must be submitted electronically between noon on October 1, 2013, and noon on November 2, 2013,...more

EB-5 Regional Center Immigrant Investor Green Card – Friend or Foe?

The EB-5 Immigrant (Green Card) Investor Visa requires that you invest either $1,000,000 in a city settings, or $500,000 in rural settings, and in return, the U.S. Government will give you, your spouse and your children a...more

Annual Diversity Visa Lottery to Start Oct. 1st

Online registration for the DV 2015 lottery will begin on Tuesday, October 1, 2013 at 12:00 noon, Eastern Daylight Time (EDT) and conclude on Saturday, November 2, 2013 at 12:00 noon, Eastern Daylight Time (EDT). See the...more

Investing Your Way to a Green Card: Franchising May be the Avenue

The global recession has been challenging for most of us. However, one of the silver linings of the global recession is that certain franchisors are focusing on immigrants as franchisees. If you have the funds, and you meet...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

NOW Is The Time For Green Card Holders To Apply For Children And Spouse Visas

As mentioned previously on this blog, NOW is the time for permanent residents of the U.S. (“green card” holders) to apply for visas to bring their foreign spouses and children under the age of 21 to live with them in this...more

The F-2A Category (Spouses and Minor Children of Green Cardholders) Becomes Current

As of August 1, 2013 spouses and minor children of green cardholders will be eligible to file for adjustment of status, travel documents and work authorization, if they are in the U.S., or to pursue consular processing, if...more

Significant Advancement Of EB-2 India Cut-Off Date

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either...more

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