The United States Citizenship and Immigration Services (“USCIS”) has posted several alerts on its EB-5 Immigrant Investor Program webpage updating the public on the status of Form I-526 and Form I-829 Petitions. The alerts read: “Alert: We will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident
The U.S. Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual to provide guidance on the type of “published material” that persons applying for an Employment Based First Preference Immigrant Visa category (“EB-1”) can present as evidence when applying for the visa category. Persons with “extraordinary ability in the
Immigrant visa applicants who have a criminal history often face significant obstacles in being able to immigrate to the United States. Immigrant visa applicants who have been found guilty of a “Crime Involving Moral Turpitude” (“CMIT”) are ineligible to immigrate to the United States and obtain a “green card”. Even
The EB-5 Reform and Integrity Act of 2022 (“Act”) was passed by Congress and signed by President Biden on March 15, 2022. Most of the provisions of the Act will become effective 60 days from enactment, which will be the middle of May 2022. The Act includes many changes to
The EB-5 Reform and Integrity Act of 2022 (“Act”) was passed by Congress and signed by President Biden on March 15, 2022. Most of the provisions of the Act will become effective 60 days from enactment, which will be the middle of May. The Act includes many changes to the
The doctrine of consular nonreviewability refers to visa decisions decided by consular officers at U.S. Embassies and Consulates cannot be appealed to courts within the United States. The doctrine applies very broadly to decisions made by consular officers whether they apply to foreign nationals who have been refused an immigrant
The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5
There has always been a challenge with some U.S. government offices incorrectly listing Vietnamese citizen’s names on government documents such as visas and Form I-551 “Green Cards” because Vietnamese passports list names in order of last name (or “family name” or “surname”) followed by middle name then first name. Moreover,
On January 5, 2022, the Department of Homeland Security (“DHS”), on behalf of the United States Citizenship and Immigration Services (“USCIS”), filed a motion to dismiss its appeal of a U.S. District Court’s ruling in the case Behring Regional Center LLC v. Alejandro N. Mayorkas, et al. (“Behring v. Alejandro”).
Six months have passed since the EB-5 Regional Center Program (“Program”) expired and Congress has still not taken any steps towards its renewal. Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent. The Program had been extended on a regular basis for
September 8, 2022 began a new era for Enterline and Partners in the EB-5 immigrant Investor Program as Managing Partner David Enterline filed a Form I-526E “Immigrant Petition by Regional Center Investor” for an EB-5 immigrant investor seeking lawful permanent residence under the EB-5 immigrant visa category. The investor, a
On August 25, 2022 a settlement was reached in two cases between multiple plaintiffs against the United States Citizenship and Immigration Services (“USCIS”) that re-authorized previously approved regional centers which USCIS had deauthorized following the enactment of the EB-5 Reform and Integrity Act in March 2022. The settlement agrees to
On March 20, 2020, at the beginning of the COVID-19 pandemic, the United States Citizenship and Immigration Services (“USCIS”) implemented temporary changes, announcing that it would accept all benefit forms and documents with reproduced original signatures for submissions starting March 21, 2020. Up to that time, USCIS accepted many petitions,
The USCIS has posted an Alert regarding fee payments for concurrent EB-5 Form I-526 Petition and Form I-485 Adjustment of Status Applications on the United States Citizenship and Immigration Services (“USCIS”), EB-5 Immigrant Investor Program webpage. “ALERT: Beginning Sept. 1, 2022, we will no longer accept a single, combined fee payment
The U.S. Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities to respond to agency requests through October 23, 2022. The flexibility, which has been previously extended applies if the issuance date listed on the request, notice or decision was issued between March 1, 2020, and October 23, 2022,
The United States Citizenship and Immigration Service (“USCIS”) announced new Forms I-526 and I-526E to be used by EB-5 immigrant investors seeking permanent residence via the EB-5. Form I-526, Immigrant Petition by Alien Entrepreneur is to be used by standalone immigrant investors who are not seeking to pool their investment
Effective immediately, U.S. citizens abroad will no longer be able to travel to the United States on expired passports. Previously, the United States Customs and Border Protection Agency (“CBP”) allowed U.S. citizens to enter the United States on expired passports and CBP extended policy through March 2022. U.S. citizens abroad
A nonimmigrant visa is for persons wanting to enter the U.S. for a temporary visit for a specific purpose, and who will return to their home country or country of residence when the purpose of their visit is finished. In most nonimmigrant visa categories, the person establishes and maintains what
David Enterline was invited by American Venture Solutions Regional Center (AVS) to speak at its seminar in Hanoi City, Vietnam on June 11, 2022. The topics of the seminar were EB-5, E-2, and L-1 Visas to the United States. The focus of the seminar was the introduction of the new
On March 4, 2022, Mr. Enterline of Enterline and Partners, working with co-counsel in the United States, helped file a complaint in Federal Court for multiple EB-5 investors waiting for action on their Form I-829, Petition by Investor to Remove Conditions on Permanent Residence Status (“I-829 Petition). The law suit
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