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Immigrant Visa

New EB-5 Regulations Effective as of November 21, 2019

On Thursday November 21, 2019, the “EB-5 Immigrant Investor Program Modernization Rule” went into effect 120 days after the final rule was published. The final rule makes regulatory changes to the EB-5 Regional Center Program as we have written previously (Regulation change to EB-5 will increase the minimum investment to

USCIS to Increase Premium Processing Fees for Forms I-129 and I-140

U.S. Citizenship and Immigration Services (USCIS) is scheduled to increase I-129 and I-140 premium processing fees from US$1410 to US$1440. The increase, which is scheduled to take effect on December 2, 2019, reflects the full amount of inflation from the implementation of premium processing fees in June 2001 through August

USCIS Begins Online Filing for Form I-130 Petition for Alien Relative

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 to speak at EB-5 Conference in Seattle, Washington

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

U.S Federal Judge Blocks Incoming Public Charge Rule From Taking Effect

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

Trump Proclamation Will Require Incoming Immigrants to Have Health Insurance

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

Covid-Era Visa Application Fee Receipts Set to Expire on September 30, 2023

The U.S. Department of State (“DOS”) has announced that all receipts for payment of Machine-Readable Visa (“MRV”) fees issued before October 1, 2022 will expire September 30, 2023. There will be no extensions of fee validity. Applicants must schedule an appointment or submit an interview waiver application before September 30,

USCIS Launches New Online Appointment Request Form

The United States Citizenship and Immigration Services (“USCIS”) recently launched a new online form allowing individuals, attorneys, and accredited representatives to request an in-person meeting at their local field offices without having to call the USCIS Contact Center. The new online appointment request form enables both individuals and their legal

How Can a Lawful Permanent Resident Green Card Holder Become a U.S. Citizen?

A Lawful Permanent Resident (“LPR”) or “Green Card Holder” can become a U.S. citizen through naturalization if they generally meet certain requirements. LPR Status/ Green Card Holder Status. You must be an LPR/ Green Card Holder at the time of filing for naturalization. You must have also maintained their LPR/

Why Did My Priority Date Jump Backwards in the Visa Bulletin?

For many people who are immigrating to the United States, the Department of State (“DOS”) Visa Bulletin is the most important document to watch each month. The Visa Bulletin helps immigrant visa applicants understand their place in line for a visa. Although checking the Visa Bulletin is an essential step

USCIS Issues Policy Guidance on Rescheduling Biometrics Appointments

The United States Citizenship and Immigration Services (“USCIS”) has issued policy guidance for rescheduling biometric appointments at Application Support Centers (“ACS”). The new policy highlights include the following: Rescheduling requests must be made online through myUSCIS or by calling the USCIS Contact Center. The USCIS will not accept rescheduling requests

What is a B-1 Domestic Employee Visa

A B-1 visa for domestic employees, also known as a B-1 Domestic Employee Visa, allows foreign nationals who are employed by U.S. citizens or nonimmigrant visa holders living abroad to travel to  the United States to provide household services. The primary purpose of this visa is to enable employers to

Preconceived Intent in U.S. Immigration Law: Factors and Potential Risks

The United States immigration system is designed to ensure that individuals seeking to enter the country do so lawfully and with genuine intentions. As part of this effort, one factor that U.S. immigration law considers is the concept of “preconceived intent”: the intention of individuals to engage in activities that

Customs and Border Protection Stampless Entry Program

As of April 2022, the United States Customs and Border Protection Agency (“CBP”) implemented its “Simplified Arrival” program at all Ports of Entry inclusive of 238 airports, 34 seaports, and land ports. As part of that program, in August 2022 CBP implemented a pilot program called “Stampless Entry” to eliminate

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