News & Analysis as of

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On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more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

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

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

Gay Marriage and Immigration in Minnesota

U.S. Citizenship and Immigration Services - USCIS, is now approving marriage based green cards for same sex marriages. It granted its first green card based on gay marriage in Florida on July 1, 2013, to a Bulgarian who...more

Iowa Immigration Law Blog: Visa Fee Electronic Payment System Tips

The U.S. Citizenship and Immigration Service (USCIS) recently announced that an electronic payment system will be used for the new fee for immigrant visas issued at a U.S. consulate. The fee of $165 per person is used to pay...more

The Chicago Regional Center: A Lesson in Due Diligence

In the wake of the Security and Exchange Commission’s lawsuit against Anthoo R. Sethi, founder of the Chicago based EB-5 regional center who defrauded 250 foreign investors, many are now questioning the EB-5 program. What...more

Immediate Relatives Of U.S. Citizens May Soon Apply For Provisional Unlawful Presence Waivers In The United States

According to a final regulation, published on January 3, 2013, the U.S. Citizenship and Immigration Services (USCIS) has established a new process for certain individuals to apply for provisional unlawful presence waivers...more

THE NATIONAL INTEREST WAIVER PROGRAM: GETTING THE GREEN CARD WITHOUT A LABOR CERTIFICATION.

In instances where the interest of the United States is being served, aliens can seek a National Interest Waiver. The National Interest Waiver classification is a waiver of the Labor Certification Application (PERM)...more

Waiting Lines for Family and Employment Categories: When Will I Receive My Green Card?

If you are applying for permanent residence in the United States, how do you figure out how long it will take? This seems like an easy question, but like many things with immigration, it can be complicated. ...more

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