Biden Revokes Trump’s Executive Order Restricting Immigrant and Nonimmigrant Visa Applicants

February 25, 2021

United States President Joseph Biden has revoked former President Donald Trump’s Executive Order (“EO”) restricting certain immigrant and non-immigrant applicants from visa processing. Intended to protect U.S. jobs at the start of the COVID-19 pandemic, President Trump issued an EO on April 23, 2020 suspending selected immigrant visa applicants which

EB-2 Visa Approved in Manila

February 23, 2021

Enterline and Partners is pleased to share that we were able to overcome a refusal for one of our clients who was successfully issued an EB-2 Immigrant Visa in the Philippines. Our client, a healthcare provider, was petitioned by a U.S. employer as a physical therapist. After the Form I-140

Writ of Mandamus for EB-5 immigrant investors update

February 2, 2021

In June we wrote about the option of filing a Writ of Mandamus for EB-5 investors whose I-526 Petitions have been pending for a long time without a decision. In August 2020, Enterline and Partners assisted one of its clients to file a Writ of Mandamus for an EB-5 immigrant

Interest in the EB 5 visa returning with 75 investors from July through September 2020

January 26, 2021

Following the increase to the minimum investment in a targeted employment area, from US$500,000 to US$900,000 in November 2019 [see here, here and here], interest in the EB-5 immigrant investor visa significantly dropped in early 2020. Data from the United States Citizenship and Immigration Services (“USCIS”) on quarterly filings indicated

USCIS to Replace Sticker That Extends Validity of Green Cards

January 25, 2021

Starting in January 2021, the United States Citizenship and Immigration Services (“USCIS”) will replace the sticker that is currently issued to lawful permanent residents (“LPRs”) to extend the validity of their Form I-551, Permanent Resident Card (“Green Card”). The new document will be a revised Form I-797, Notice of Action

What is a Transportation Letter or Boarding Foil?

January 15, 2021

We have previously written about what lawful permanent residents can do if their Form I-551 “Green Card” has been lost, stolen, or destroyed and they are outside of the United States. In these articles, we have mentioned obtaining a travel letter or ‘Boarding Foil,” so they may return to the

Trump Extends Restrictions on Immigrant and Nonimmigrant Visa Applicants Through March

January 7, 2021

United States President Donald Trump has extended an earlier Presidential Proclamation restricting certain immigrant and nonimmigrant visa categories from consular processing in response to the growing COVID-19 pandemic. The Executive Order (“EO”), which was first issued in April 2020, restricted certain immigrant visa applicants from receiving their visas for at

What do I need to show to reenter the U.S. after being outside for a long time because of COVID-19?

December 23, 2020

We have covered several issues in our series on how to protect your lawful permanent resident status and green card if you have been outside the United States and have been unable to return because of COVID-19. COVID-19 Reference Guide If you are able to reenter within 1 year of

What is an I-131A visa and will it allow me to reenter the United States?

December 21, 2020

An I-131A visa is for lawful permanent residents (“LPR”) whose Form I-551 “green card” was lost, stolen or destroyed while traveling outside the United States, or whose green card has expired, and who have been outside the U.S. for less than one year. Such LPRs can apply at a U.S.

The November 2020 Visa Bulletin Priority Date shows slight movement forward for Vietnamese EB-5 immigrant investors

December 2, 2020

The “Final Action Date” priority date for Vietnamese EB-5 investors moved forward slightly in the Department of State November 2020 visa bulletin from August 15, 2017 to September 1, 2017. The priority date indicates that any investors who filed their I-526 Petitions on or before September 1, 2017 now have

What is the Doctrine of Consular Nonreviewability?

March 11, 2022

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

No Changes to EB-5 Category in the March 2022 Visa Bulletin

March 7, 2022

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

Vietnamese Names Listed Incorrectly on U.S. Visas and Green Cards

February 12, 2022

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. This

DHS Drops Appeal of the U.S. District Court’s Ruling in Behring Regional Center LLC v. Mayorkas

January 13, 2022

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”).

Status of the EB-5 Regional Center Program in January 2022

January 10, 2022

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

Enterline and Partners Successfully Expedites CR-1 Visa Through DCF Proxy Marriage

December 13, 2021

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

International Air Travelers to the U.S. Now Require a Negative COVID-19 Test within 24 Hours of Departure

December 6, 2021

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

DOS Rescinds Tiered Approach Allowing Resumption of More Consular Services

November 29, 2021

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

December Visa Bulletin Shows Chinese, Vietnamese, Indian and Taiwanese Investors All Current for Direct EB-5

November 25, 2021

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 Featured in AILA Global Migration Section E-Bulletin

November 19, 2021

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

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