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What is the Doctrine of Consular Nonreviewability?

The doctrine of consular nonreviewability refers to visa decisions decided by consular officers at U.S. Embassies and Consulates cannot be appealed to courts within the United States. The doctrine applies very broadly to decisions made by consular officers whether they apply to foreign nationals who have been refused an immigrant

No Changes to EB-5 Category in the March 2022 Visa Bulletin

The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5

What is a K-3 Visa and How is it Different from a CR-1/ IR-1 Visa?

A K-3 visa is a non-immigrant visa issued to a foreign spouse married to a U.S. citizen. Like a K-1 visa, a K-3 visa is also filed using a Form I-129F Petition for Alien Fiancé(e) (“Form I-129F Petition”) intended to shorten the separation period between the married couple and allow

Expediting Employment Authorization and Advance Parole Travel Documents

Five years ago, USCIS routinely took three months to issue employment authorization documents (EADs) and advance parole (AP) travel documents. Prior to the pandemic, USCIS was taking approximately six months to issue them. Now, USCIS can take nine months or longer to issue these documents. These delays create huge hardships to organizations

Biden Administration Initiative to Attract STEM Talent to the United States

Pursuant to a Biden Administration initiative, on January 21, 2022, the Departments of State (“DOS”) and Homeland Security (“DHS”) announced new actions related to STEM work authorization, J-1 Researchers, National Interest Waivers, and O-1 Extraordinary Ability Workers.  You can read the White House Fact Sheet here. “The Biden-Harris Administration believes

DHS Announces Temporary Increase Of The Automatic Extension For Certain EAD Applicants

The Department of Homeland Security (“DHS”) and United States Citizenship and Immigration Services (“USCIS”) has announced a Temporary Final Rule (“TFR”) providing that the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from

USCIS New Filing Fees Effective as of April 1, 2024

The United States Citizenship and Immigration Services (“USCIS”) new filing fees have taken effect for all files received on or after April 1, 2024. In addition to new filing fees, USCIS has also released new forms for certain petitions. While the new form edition dates begin on April 1, 2024,

Enterline and Partners Attorneys Speak at Regional Conference

Enterline and Partners U.S. immigration attorneys, Ryan Barshop and David Enterline recently spoke at the regional American Immigration Lawyers Association, Asia Pacific Chapter (“AILA APAC”) Annual Conference. The conference, which was held in Ho Chi Minh City, Vietnam, was attended by a number of U.S. immigration lawyers from around the

ASC Biometrics Scheduling Issues

Following member’s reports to the American Immigration Lawyers Association (“AILA”) that applicants have been receiving biometrics appointment notices either too late or with appointment dates that have already passed, AILA reached out to the United States Citizenship and Immigration Services (“USCIS”) to request clarification and resolution. The USCIS acknowledged the

Changes to USCIS Filing Fees – an AILA Information Flyer

In early 2024, USCIS changed the filing fees for certain immigration and naturalization forms and also released new versions of several forms. According to USCIS, the new fees will help to cover more of its operating costs and support faster processing of new applications. These updated fees and forms will

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