Update on Employer’s Training Obligation for Optional Practical Training Extension For STEM Students

January 9, 2019

The United States Citizen and Immigration Services (USCIS) recently updated their website so that the training experience of F-1 visa international students who receive science, technology, engineering and mathematics (STEM) degrees can no longer complete their optional practical training (OPT) in the workplace of their employer’s clients or customers. The

Is a Final Rule Coming on Changes to EB-5, Especially an Increase to the Minimum Investment Amount?

November 6, 2018

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

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

September 16, 2018

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

Final Guidelines on Unlawful Presence for Students and Exchange Visitors

August 13, 2018

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

USCIS Adjudicator’s Discretion Restored in Denying Applications, Petitions and Requests without Issuing RFE’s or NOIDS.

July 22, 2018

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

Update to Form I-797 – Receipt Notice for Form I-751 and Form I-829

June 12, 2018

Trump’s Immigration Ban Has Just Been Released. And It’s Not As Bad As We Expected.

April 23, 2020

Today U.S. President Donald Trump signed his threatened Executive Order (‘EO”) as the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the Covid-19 Outbreak.” The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the

Stuck in the US on the Visa Waiver Program (ESTA) – Requesting a 30-day extension

April 22, 2020

Citizens of many countries qualify for the U.S. Visa Waiver Program (“VWP”) which allows for visa-free entry upon approval of an Electronic System for Travel Authorization (“ESTA”). The maximum period of stay allowed for a VWP individual is 90 days. For foreigners in the U.S. under the Visa Waiver Program

Will The New EB-5 Processing Policy Help Children Who Might Otherwise Age Out?

April 14, 2020

United States Citizenship and Immigration Services (“USCIS”) recently announced it would change the way it will processes I-526 Petitions (“petitions”) for EB-5 investors. Called a Visa Availability Approach, (“VAA”) this process will apply to all petitions filed after March 31, 2020. During a March 13, 2020 public stakeholders meeting, USCIS

The Effect of Breaks in Continuity of Residence on Eligibility for Naturalization

April 7, 2020

Are you a lawful permanent resident (“LPR”) of the United States and want to become a U.S. citizen? If you have been a resident for at least 5 years, or 3 years if you obtained your LPR status through marriage to a U.S. citizen, then you may be eligible for

Announcement: USCIS Extends In-Person Services Suspension through May 3

April 6, 2020

U.S. Citizenship and Immigration Services (“USCIS”) will extend in-person services suspension at Field Offices, Asylum Offices and Application Support Centers (“ACS”) through May 3 unless otherwise announced. While the extended closure covers interviews, naturalization ceremonies, and biometric collections, USCIS will continue to provide emergency and essential services that do not

Announcement: Extended deadlines to respond to RFEs and NOIDs

April 1, 2020

U.S. Citizenship and Immigration Services (“USCIS”) has announced that it is extending the deadline to reply to requests for evidence (“RFE”) and notices of intent to deny (“NOID”) in response to the Coronavirus (COVID-19) pandemic. For applicants and petitioners who receive an RFE or NOID dated between March 1st and

Announcement: USCIS Extends In-Person Services Suspension Through April 7, 2020

March 27, 2020

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

Announcement: USCIS Temporarily Accepts Electronic Reproduced Signature on All Forms

March 22, 2020

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

Announcement: USCIS Suspending In-Person Services from March 18 through April 1, 2020

March 20, 2020

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

National Interest Waivers for EB-2 Applicants

March 16, 2020

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

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