The investment capital that an EB-5 Investor may use for his or her investment, called the “lawful source of funds” (“SOF”), can come from any source as long as the investor can prove that the capital or funds were obtained lawfully. Some common SOF are salary and bonus income, dividends
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
The U.S. Supreme Court has ruled in favor of a Trump Administration policy expanding the government’s ability to refuse immigrant visas and issue green cards to immigrants who are likely to become a Public Charge. The 5-4 ruling, which was divided on ideologically lines, will allow the new rule to
The United States Department of State (“DOS”) is scheduled to release new guidelines giving consular officers further discretion to determine whether women who are applying for a B-1/ B-2 visitor visa primary purpose is to give birth in the United States. It is unclear how consular officers at U.S. Embassies
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
On October 6th and 7th, 2022, the United States Citizenship and Immigration Services (“USCIS”) approved two more Form I-829, Petitions by Entrepreneur to Remove Conditions on Permanent Resident Status (“I-829 Petition”) because of filings in Federal Court seeking Writs of Mandamus. The approvals came less than 2 months after filing
The U.S. Citizenship and Immigration Services (“USCIS”) has announced its final rule for the public charge ground of inadmissibility to go into effect on December 23, 2022. USCIS will begin to apply the new rule to applications postmarked on or after that date. Until then, USCIS will continue to apply
The United States Citizenship and Immigration Services (“USCIS”) announced it will automatically extend Lawful Permanent Resident (“LPR”) Form I-551 “Green Cards” from 12 months to 24 months to an LPR who files a Form I-90, Application to Replace Permanent Resident Card (“Form I-90.”). Form I-90 is used for many purposes
The U.S. Department of State (“DOS”) has published the October 2022 Visa Bulletin and the “Final Action Date” Priority Dates for Chinese and Indian EB-5 investors under the “5th Unreserved” visa category has retrogressed (moved backward in time). What is the Priority Date? Following the return of the Regional Center
For most people who are immigrating to the United States there two main categories of immigrant visas: family immigration visas and employment and investment immigration visas. These are the Immediate Relative (“IR”) category, the Family-Based Preference (“FB”) category and Employment-Based Preference (“EB”) category. For the FB and EB categories, there
Beginning October 3, 2022, all Vietnamese immigrant and nonimmigrant visa applicants whose passports were issued starting July 1, 2022 must include a Vietnam government endorsement page that states the place of birth. Visa applicants who do not have an endorsement page will not be permitted to attend their visa interviews
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