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 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
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 Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent.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
The COVID-19 Pandemic has in no doubt permanently altered the way business is done across many industries and professions. From international borders closures to internal movement control orders, activities and transactions which were once routine and seamless are now complex and difficult. Despite all of the hardship caused by the
Effective December 6, 2021, the United States Centers for Disease Control (“CDC”) has established new rules requiring international air travelers arriving in the United States to obtain a negative COVID-19 test within 24 hours of departure. Under the current rules, vaccinated international air travelers may present a negative test result
As the COVID-19 pandemic continues to ease, the United States Department of State (“DOS”) has announced that the earlier tiered approach aimed at reducing backlogs has been rescinded. Instead of the tiered approach, DOS will focus on reducing wait times for all consular processing services while also protecting the health
The Department of State (“DOS”) December 2021 visa bulletin is out and the priority date for non-regional center investments made by EB-5 investors under the EB-5 visa category is current for all countries including China. This is the first time that EB-5 visa numbers have been “current” for Chinese investors
Ryan Barshop, a partner of Enterline and Partners Consulting was recently featured in the October 2021 E-Bulletin of the American Immigration Lawyers Association Global Migration Section (“AILA GMS”). Mr. Barshop, who has been practicing U.S. immigration law overseas for nearly 10 years, was interviewed by AILA GMS about why he
U.S. Citizenship and Immigration Services (USCIS) has started it’s online filing for Form I-130 Petition for Alien Relative. An I-130 is the first step to bring a spouse, child, parent(s), or siblings to the United States by a U.S. citizen or Lawful Permanent Resident. “Form I-130 is on the most
David Enterline will serve as a panel moderator at the 9th Annual IIUSA EB-5 Industry Forum in Seattle, October 29-30. David will moderate the panel – “Investor Relations: Communication, Transparency & Record Keeping”. This is a panel of experienced EB-5 Regional Center operators and lawyers with years of experience who
Enterline and Partners recently represented a newlywed couple living in Vietnam in an expedited I-130 Petition for Alien Relative with the U.S. Consulate in Ho Chi Minh City. The couple, a U.S. citizen and a citizen from a South American country were married in Hong Kong and living in Vietnam.
A New York federal judge has issued a nationwide preliminary injunction against the U.S. Department of Homeland Security (DHS) from implementing a new rule regarding how the agency determines whether an immigrant would be considered a “public charge.” The decision by Judge George Daniels of the U.S. District Court for
U.S. President Donald Trump has issued a proclamation requiring intending immigrants to prove that they can afford health insurance as a prerequisite to being issued an immigrant visa at a U.S. Embassy or Consulate abroad. The proclamation does not affect existing lawful permanent residents, asylum seekers, refugees or children. The
Charlie Oppenheim, Chief of Visa Control and Reporting Division at the U.S. Department of State recently announced that the entire EB-3 visa category has become unavailable for the remainder of the 2019 Fiscal Year. When a visa category reaches its annual limits for the fiscal year, no additional visas may
David Enterline, Esq., of Enterline and Partners Consulting spoke at an EB-5 seminar at the Mira Central Park Hotel in Bien Hoa on August 11, 2019. In addition to introducing how to qualify for EB-5 investor visa and the overall process, Mr. Enterline further discussed upcoming changes to EB-5 visa
On 12 August 2019, U.S. Department of Homeland Security (DHS) announced the publication of its new rule on public charge. In addition to the long standing requirements that intending immigrants must be able to show that they are able to financially support themselves either through a sponsor, their own assets
In rare bit of positive news from the U.S. Citizenship and Immigration Service (USCIS), the agency has announced plans to maintain operations in seven international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; New Delhi, India; Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador. This is
U.S. immigration law classifies certain criminal offenses as a “crime involving moral turpitude” (CIMT). If a foreign national is convicted of a CIMT or admits to the commission of a CIMT whether the crime was committed in the United States or abroad, it may render him or her inadmissible to
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