Is a Final Rule Coming on Changes to EB-5, Especially an Increase to the Minimum Investment Amount? The answer: Maybe. Currently, any change to the US$500,000 minimum investment amount in a Targeted Employment Area (proposed increase to US$1,350,000) would require the publication of the Final Rule for the related “EB-5
The U.S. Department of Homeland Security (DHS) recently announced that it will define the term “public charge” for immigration purposes. Currently, interviewing consular officers at U.S. Embassies and Consulates are authorized to refuse a visa if it is in their opinion that they are likely to become a public charge.
Last week, U.S. Department of State – Bureau of Consular Affairs published the October Visa Bulletin. The EB-5 Regional Center category has been listed as “U” meaning unauthorized for issuance. This is because the Immigrant Investor Program (aka Regional Center Program) is set to expire on September 30, 2018. The
USCIS announced an increase in the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, beginning on October 1, 2018. The premium processing fee will increase to $1,410. This increase will affect any L-1 and EB-1C petitions that our clients
United States Citizenship and Immigration Services (USCIS) August 9, 2018 policy memorandum revises the calculation of unlawful presence of those under F, J, or M nonimmigrant visa status and their dependents during their stay in the United States. Under the new memorandum, those holding F, J, or M visas who
In a new policy memorandum issued by the United States Citizenship and Immigration Services (USCIS) last July 13, 2018, USCIS adjudicators are given discretion to deny applications, petitions, or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the initial evidence is
Vietnamese spouses of U.S. citizens are generally eligible for green cards and eventually U.S. citizenship based on their marriage. In general, a person may only be naturalized after showing that they have resided in the United States as a green card holder for a certain prescribed period of time. However,
A series of small moves concerning the Trump Administration’s immigration policy have recently been undertaken. CNN reports the following actions made by the administration: Attorney General Jeff Sessions has issued a Decision directing the Board of Immigration Appeals (BIA) to refer cases for his review when such cases have issues
Every year, hundreds of thousands of Vietnamese apply for a U.S. visa, whether it be for tourist purposes or to become an immigrant in order to live out the American dream. However, some have found the process to be too long or the risk of denial to be too great.
An immigration lawyer on Tuesday explained on Mornings@ANC how U.S. green card holders were affected by President Donald Trump’s executive order on immigration.
A 214(b) refusal in U.S. immigration law refers to a specific section of the Immigration and Nationality Act (“INA”) that is often cited when a U.S. consular officer denies a nonimmigrant visa application. This section applies primarily to individuals applying for visitor visas (B-1 for business visitors and B-2 for
Most countries require foreign nationals to have a passport valid for at least six (6) months prior to the date of entry. The U.S. also has similar rules for entry and also for the issuance of a visa. While many countries have agreements with the United States whereby their national’s
With the ongoing political deadlock in Washington D.C., Congress has been unable to pass any of the spending bills needed to keep the U.S. Government open beyond September 30, 2023. Unless any of the spending bills are passed and signed into law, funding for government agencies will run out of
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,
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
The family-based third preference immigrant visa category (“F3”) is a type of visa available to U.S. citizens who are looking to bring their married children to the United States. This immigrant visa category is in high demand and there are yearly quotas for visas. As a result, the waiting period
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/
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
Family-based immigration is an important aspect of the United States immigration system, which allows citizens and lawful permanent residents to sponsor their immediate relatives to immigrate to the United States. One of the family-based immigrant visa categories is the Family-Based Second Preference immigrant visa category, commonly abbreviated as F2A and
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
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