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National Interest Waivers for EB-2 Applicants

The Employment Based Second Preference Immigrant Visa Category (EB-2) Advanced Degree Holder and Person of Exceptional Ability with National Interest Waivers. Previously we wrote about the qualifications for an Employment Based Second Preference (EB-2) Immigrant Visa which is for persons who have an advanced degree or persons with exceptional ability

USCIS to Implement Inadmissibility on Public Charge Grounds as of February 24, 2020

On February 24, 2020, the U.S. Citizenship and Immigration Services will implement the agency’s new rules for inadmissibility on public charge grounds. The final rule outlines some of the criteria on how the Department of Homeland Security (“DHS”) will determine whether a foreign national is inadmissible to adjust status from

USCIS Updated Policy Alert Concerning Direct Consular Filing at U.S. Embassies and Consulates

U.S. Citizenship and Immigration Services (“USCIS”) released an updated policy memorandum advising the Department of States (“DOS”) on adjudicating Form I-130 Petitions for Alien Relatives at U.S. Embassies and Consulates through Direct Consular Filing (“DCF.”) The policy memorandum clarifies that USCIS will no longer accept and adjudicate routine I-130 Petitions

USCIS Scheduled to Increase Business Visa Application Filing Fees

United States Citizenship and Immigration Services (“USCIS”) is scheduled to increase its filing and processing fees for business visas in 2020. Below are examples of the proposed increased fees by visa category: L-1 and H-1B Visas: L-1 visa petitions (for temporary workers, non-immigrant) are scheduled to increase by 77 percent

How Long Do I Have to Wait for My EB-5 Petition to Be Approved?

Most of my clients ask me this question and there is a lot of confusion about the processing times visa waiting times. As a refresher, there is a 3-step process to obtaining lawful permanent residence in the U.S. via the EB-5 immigrant investor visa category. First, an investor files a

USCIS Premium Processing Fees Slight Increase as of December 2, 2019

The United States Citizenship and Immigration Services (“USCIS”) has increased its premium processing fees for Forms I-129 Petition for Nonimmigrant Workers andI-140 Petition for Immigrant Workers on December 2, 2019. The slight increase, from US$1410 to US$1440 was previously reported at USCIS to Increase Premium Processing Filing Fees for Forms

EB-5 Immigrant Investor Program Extension

As has become the norm, the U.S. Congress passed a short-term continuing resolution (“CR”) funding the U.S. federal government through December 20, 2019, while at the same time extending 29 other programs including the EB-5 Immigrant Investor Program. The President signed the CR shortly thereafter. Also known as the EB-5

What is 2-Year Meeting Requirement?

One key requirement to qualify for the K-1 non-immigrant visa for when a United States Citizen, the petitioner, wants to sponsor a foreign partner to immigrate to the U.S., is that the citizen and foreign spouse must physically meet within 2 years prior to filing the I-129 Petition with the

Trump has no interest in addressing border issues or immigration reform

While this recent op-ed (opinion-editorial) article in the Los Angeles Times, focuses on President Trump and his ongoing war with the U.S. and Mexico border and its illegal immigration issues, the article points out that the Trump administration has, according to the American Immigration Lawyers Association (AILA), radically slowed the

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What Documents Are Needed in a Form I-130 Petition for a Foreign Spouse?

A USCIS Form I-130 is a Petition for Alien Relative. A U.S. citizen or Lawful Permanent Resident (green card holder) is eligible to petition his or her foreign spouse to immigrate to the United States. Along with a Form I-130 and accompanying Form I-130A, supporting documentation is also submitted when

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What is a Form I-130A Supplemental Information for Spouse Beneficiary?

A Form I-130A is a supplemental form that is submitted with a Form I-130 Petition for Alien Relative and supplemental documentation to the United States Citizenship and Immigration Services (USCIS). A Form I-130A is only included when a U.S. Citizen or Lawful Permanent Resident (Green Card Holder) is petitioning his

Treatment of USCIS Form I-131 During International Travel

United States Citizenship and Immigration Services (USCIS) recently published on its website that applicants filing for a Form I-131 Travel Document will not have their applications considered abandoned if they travel abroad with an approved advance parole document while a second one is pending provided that the first approved advance

InfoPass Pilot Program Expansion – The Information Services Modernization Program

On October 30, 2018, USCIS announced plans to expand the InfoPass pilot program, known as the Information Services Modernization Program, to additional USCIS field offices throughout the United States. The Information Services Modernization Program ends self-scheduling of InfoPass appointments and instead encourages applicants to use USCIS online information resources to

USCIS Announces Fee Increase For Premium Processing To $1,410

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

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