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New Green Card Option for Undocumented Spouse or Stepchild of U.S. Citizen

The Biden administration has issued a regulation exercising its discretion to use "parole in place" to create a path to the green card within the U.S. for certain foreign nationals: (a) who illegally entered the U.S. only...more

Comments on USCIS "EB-5 Questions and Answers (updated Oct. 2023)"

On October 11, 2023, USCIS published on its web site a new Guidance on numerous aspects of the EB-5 program as affected by enactment on March 15, 2022, of the EB-5 Reform and Integrity Act of 2022 (RIA). While the guidance...more

10/13/2023  /  EB-5 , Investors , USCIS

Keeping EB-5 Regional Centers Alive

EB-5 regional centers approved before the enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) have been given new clarity and mercy about the new Integrity Fee, but they remain in limbo about filing I-956 amendments...more

Recent EB-5 Developments Weigh Heavily on Participants

USCIS has issued meaningful new guidance about some important topics relating to the EB-5 Reform and Integrity Act of 2022 (RIA), i.e., the new $20,000 or $10,000 per year regional center (RC) integrity fee, USCIS...more

3/3/2023  /  EB-5 , Foreign Investment , Investors , USCIS

USCIS Publishes Draft Registration Form for EB-5 Promoters

The U.S. Citizenship and Immigration Services (USCIS) has published a draft Form I-956K for public comment with instructions for use by EB-5 securities "promoters," implementing a new and unusual statutory requirement for...more

9/7/2022  /  EB-5 , Investors , USCIS

Settlement Allows Previous EB-5 Regional Centers to Sponsor New Investors

An agreement settling litigation against USCIS overturns its initial interpretation of the EB-5 Reform and Integrity Act of 2022 (RIA) and allows regional centers (RCs) that were designated before RIA enactment to sponsor new...more

Analysis of New EB-5 Reform and Integrity Act of 2022

On March 15, 2022, the United States enacted the EB-5 Reform and Integrity Act of 2022 (the 2022 Act) as part of a large omnibus budget package of legislation. The 39-page compromise legislation grandfathers existing workers...more

EB-5 Reaches Crescendo of Confusion for Past and New Investors

Prospective EB-5 investors have watched 2019 regulations nearly double minimum investment amounts, only then to see those regulations judicially vacated in 2021 just as the regional center legislation expired on June 30,...more

3/2/2022  /  EB-5 , Investors , Legislative Agendas , USCIS , Visas

U.S. Land Border COVID-19 Restrictions Change to Vaccination Focused

The U.S. Department of Homeland Security (DHS) has published on its website that full COVID-19 vaccination will become much more central to U.S. land border travel "in January." The announcement is supported by Federal...more

December Visa Bulletin Exposes a Tempting Option for China-Born EB-5 Investors

With regional center legislation expired for now, and almost all investors born in Mainland China having used a regional center sponsorship, there should be nearly zero Chinese investors waiting for an EB-5 visa number and...more

11/17/2021  /  China , EB-5 , Investors , USCIS , Visas

Some Happy News for H, L, and E Spouses Needing Work Authorization

Spouses of H-1B, L-1, and maybe E-1/E-2/E-3 workers or investors will have an easier time maintaining work authorization under a litigation settlement entered by United States Citizenship and Immigration Services (USCIS). The...more

11/12/2021  /  Foreign Workers , H-4 Spouses , L-2 Visas , USCIS , Visas

Air Travel to the U.S.: Testing and Vaccination Requirements, Exceptions and Old Bans Dropped

On October 25, 2021, the White House issued a new COVID-related Proclamation about air travel to the U.S. effective at 12:01 EST on November 8, 2021. It revoked prior country-specific bans in favor of a complex combination...more

U.S. Travel Bans to Drop for Vaccinated Travelers

The Biden Administration has disclosed preliminary plans to provide exemption to the ban on visas and entry for travelers to the U.S. from many countries if they are fully vaccinated and submit to enhanced contact tracing...more

EB-5 Regional Center Law Expires; USCIS Clarifies Interim Approach

On June 30, the U.S. Citizenship and Immigration Services (USCIS) issued clear guidance about how it will implement the expiration of the regional center law as of midnight, until any renewal legislation becomes enacted or...more

7/1/2021  /  EB-5 , I-526 Petition , Investors , USCIS

A Swirl of EB-5 Developments

This week two major events occurred in the EB-5 investment visa program: (1) Congress failed to enact a law renewing the law authorizing regional centers and indirect investment and job creation, which expires June 30; and...more

Court May Invalidate 2019 EB-5 Regulations While Regional Center Legislative Expiration Looms

A magistrate judge in federal court in California seems likely soon to issue an order invalidating the 2019 EB-5 regulations despite current DHS Secretary Mayorkas' recent ratification of same. The probable results: (1)...more

5/14/2021  /  EB-5 , Investment , Investors , USCIS

State of Play in Business and Family Immigration

More than 78 days into the Biden Administration, less dust than expected or hoped has settled on the landscape for business and family immigration to the U.S. This article briefly assesses the state of play concerning...more

New USCIS Regulation to Prioritize Highest Paid H-1B Workers is Unlikely to Affect This Year's Cap Filings

USCIS has finalized a new regulation that would allocate new cap-subject H-1B petitions to the highest paid workers. It seems likely that President-Elect Biden will extend the effective date from early March by 60 more days,...more

1/8/2021  /  Foreign Workers , H-1B , USCIS

USCIS Uses New Congressional Authority to Increase Premium Processing Fees for Existing Categories

On October 16, USCIS announced that, effective Monday, October 19, the fee for currently designated case types will increase from $1,440 to $2,500. Congress authorized this in a bill we summarized after its enactment....more

10/16/2020  /  USCIS , USCIS Immigrant Fee

New Regulations to Explode Required Wages and Choke H-1B Visas

New rules published by the Department of Labor (DOL) and the Department of Homeland Security (specifically, USCIS) are intended to severely restrict the use of the H-1B and related H-1B1 and E-3 visa classifications for...more

Court Enjoins Proclamation Banning H, J, L Visas

On October 1 a federal district court in California immediately enjoined the implementation of the President's Proclamation against the issuance of visas in the H, L, and J classifications, pending further hearings in the...more

More Premium Processing is Congress' Solution to USCIS Financial Woes

A stopgap funding bill to avoid a U.S. federal government shutdown temporarily extends otherwise expiring immigration categories, but also includes an interesting permanent provision to solve the ongoing financial problems of...more

The Impact of SEC's Expanded Definition of "Accredited Investor" on EB-5 Offerings

Last week, the Securities and Exchange Commission (SEC) expanded slightly who can qualify as "accredited investors." Many EB-5 issuers use securities registration exemptions that allow subscription and even solicitation of...more

More Flexibility in I-9 Work Authorization Confirmation Process

USCIS is temporarily allowing the acceptance of an approval notice for I-765 employment authorization document application, and ICE is continuing to allow remote verification for employers still operating remotely....more

EB-5 Redeployment Policy "Clarified" Retroactively

USCIS has updated its Policy Manual to retroactively "clarify" its policy on the parameters for "new commercial enterprises" (NCEs) to "redeploy" capital of EB-5 investors after the capital is returned from the original job...more

7/27/2020  /  EB-5 , Investors , Job Creation , USCIS
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