DOS

Trump’s Immigration Ban May Result in More Employment-Based Immigrant Visas Being Issued

May 5, 2020

United States President Donald Trump’s Executive Order (“EO”) banning certain immigrants from immigrating may end up increasing the number of visas available for employment-based immigrant visa categories. Employment-based immigrant visas are capped at 140,000 worldwide per fiscal year while family-based immigrant visas are limited to roughly 250,000 per year. The

Trump’s Immigration Ban Has Just Been Released. And It’s Not As Bad As We Expected.

April 23, 2020

Today U.S. President Donald Trump signed his threatened Executive Order (‘EO”) as the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the Covid-19 Outbreak.” The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the

Will The New EB-5 Processing Policy Help Children Who Might Otherwise Age Out?

April 14, 2020

United States Citizenship and Immigration Services (“USCIS”) recently announced it would change the way it will processes I-526 Petitions (“petitions”) for EB-5 investors. Called a Visa Availability Approach, (“VAA”) this process will apply to all petitions filed after March 31, 2020. During a March 13, 2020 public stakeholders meeting, USCIS

Announcement: DOS Continues to Encourage Medical Professionals with Approved Petitions to Seek an Emergency Visa Appointment

April 13, 2020

The U.S. Department of State (“DOS”) has reiterated its earlier announcement that despite the worldwide suspension of routine visa appointments, U.S. embassies and consulates will continue to provide emergency and critical visa services. Healthcare professionals with an approved non-immigrant or immigrant petition such as an I-129 Petition for Nonimmigrant Workers

Announcement: H-2 Visa Applicants May Be Adjudicated Without an Interview

April 3, 2020

As a result of the Coronavirus pandemic, the Department of State (“DOS”) has authorized consular officers at U.S. Embassies and Consulates to expand the categories of H-2 visa applicants whose application can be adjudicated without an in-person interview. The new policy allows interviewing consular officers the ability to waive in-person

Announcement: Medical Professionals with Approved Petitions Encouraged to Seek an Expedited Visa Interview

April 2, 2020

The U.S. Department of State (“DOS”) is encouraging medical professionals with an approved immigrant or non-immigrant petition (Form I-129, Form I-140) or a certificate of eligibility in an approved exchange program to request for an expedited appointment at their nearest U.S. Embassy or Consulate. Although DOS has instructed consular services

My Immigrant Visa Expires and I am Unable to Travel Due to Coronavirus Travel Restrictions

March 25, 2020

On March 19, 2020, the Department of State suspended all routine immigrant and nonimmigrant visa interview appointments as a response to the growing Coronavirus pandemic. International travel restrictions have been put in place around the world in an attempt to control the spread of the virus. With no predetermined expiration

Department of State to Implement Inadmissibility on Public Charge Grounds as of February 24, 2020

March 4, 2020

Following the Department of Homeland Security (“DHS”) lead, the U.S. Department of State (“DOS”), which oversees consular processing for immigrant and non-immigrant visas at U.S. Embassies and Consulates, has implemented its new public charge rule as of February 24, 2020. Immigrant visa applicants will be required to complete a Form

USCIS Updated Policy Alert Concerning Direct Consular Filing at U.S. Embassies and Consulates

February 17, 2020

U.S. Citizenship and Immigration Services (“USCIS”) released an updated policy memorandum advising the Department of States (“DOS”) on adjudicating Form I-130 Petitions for Alien Relatives at U.S. Embassies and Consulates through Direct Consular Filing (“DCF.”) The policy memorandum clarifies that USCIS will no longer accept and adjudicate routine I-130 Petitions

State Department Expected to Publish New Guidelines in an Effort to Impede U.S. Birth Tourism

January 28, 2020

The United States Department of State (“DOS”) is scheduled to release new guidelines giving consular officers further discretion to determine whether women who are applying for a B-1/ B-2 visitor visa primary purpose is to give birth in the United States. It is unclear how consular officers at U.S. Embassies