Wednesday, July 31st, 2019, 10:00 am – Enterline and Partners Consulting Office, 1A Cong Truong Me Linh, District 1, HCMC As you know, the EB-5 Immigrant Investor Program Modernization regulation is scheduled to become effective on November 21, 2019. While some of the regulation is very clear, such as an
The EB-5 Immigrant Investor Program Modernization regulation was published in the Federal Register on July 24, 2019 and this final rule is scheduled to become effective on November 21, 2019. The most significant part of the final rule for investors is an increase to the minimum investment amount. The rule
We recently posted on Taiwan’s new same-sex marriage law and its limitations. In a related case, we recently assisted an U.S. citizen and his same-sex spouse, who were married in the U.S. but living in Asia, in an expedited filing (I-130) directly with the U.S. consulate in Hong Kong. See
I am often asked by my EB-5 clients “Can I receive back my investment after filing the Form I-829 Petition, or do I have to wait until my I-829 Petition is approved?” If investors submit and seek approval of their I-829 Petition, then under current law and policy they should
In exceptional circumstances, a U.S. citizen who is living abroad with his or her foreign spouse and would like to bring his or her foreign spouse to the United States on an immigrant visa may be able to avail of I-130 expedited processing. Exceptional circumstances may include the following: Military
On June 27, 2019, the Office of Management and Budget completed review of the EB-5 Immigrant Investor Program Modernization final regulation. The most significant proposed change for intending EB-5 investors is an increase of the minimum investment amount in a Targeted Employment Area from the current minimum investment of US$500,000
Beginning July 1, USCIS will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Resident Status at international field offices by mail or in person. Individuals who wish to voluntarily record abandonment of their lawful permanent resident (LPR) status must submit Form I-407 via mail to: USCIS Eastern
A U.S. federal grand jury in Houston, Texas issued a 206 count indictment involving a massive marriage fraud scheme on April 30, 2019. According to U.S. Immigration and Customs Enforcement (ICE), a total of 96 individuals were involved in a suspected criminal enterprise designed to create sham marriages between individuals
American visa validity depends on a person’s nationality. For example, Vietnamese citizens are given a maximum of a one-year multiple-entry visa. Other neighboring countries such as the Philippines and Thailand are eligible for a maximum of 10 years multiple-entry visas while Cambodian citizens receive up to three-months double entry validity.
On April 8, 2019, USCIS Director L. Francis Cissna sent a letter to Senator Grassley (R-IA) and Senator Leahy (D-VT) regarding the EB-5 Immigrant Investor Program Modernization Rule (RIN 1615-AC07). Among other things, Director Cissna indicated in the letter that “DHS is dedicated to ensuring expeditious implementation of the rule,
U.S. Citizenship and Immigration Services (“USCIS”) will extend the suspension of in-person services at field offices, asylum offices and application support centers through April 7, 2020. The USCIS had originally cancelled in-person operations on March 18th and was expected to recommence on April 1st in an effort to help contain
U.S. Citizenship and Immigration Services (“USCIS”) announced that it will accept benefit forms and documents with reproduced original signatures for submissions dated March 21, 2020 and thereafter. The policy change was made in response to the Coronavirus National Emergency declared by President Donald Trump on March 13, 2020. While USCIS
As of March 18th, all United States Citizenship and Immigration Services (“USCIS”) in-person services at all field offices, asylum offices and Application Support Centers (“ASC”) are suspended in an effort to contain the spread of the Coronavirus. In-person services are scheduled to resume on April 1st. USCIS field offices will
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
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
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
U.S. Citizenship and Immigration Services (“USCIS”) announced it is changing the way it will process Form I-526, Immigrant Petition by Alien Investor, moving from a first-in, first-out basis to a visa availability approach. The Form I-526 Petition is filed by someone wanting to immigrate to the U.S. via the EB-5
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
United States Citizenship and Immigration Services (“USCIS”) has proposed to increase its filing fees for family-based immigrant visas and naturalization applications in 2020. Below are examples of the proposed fee increases. Spouse and Family-Based Immigrant Visas: Filing fees are scheduled to increase a nominal 3.74 percent from US$535 to US$550.
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
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