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USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

The U.S. Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual to provide guidance on the type of “published material” that persons applying for an Employment Based First Preference Immigrant Visa category (“EB-1”) can present as evidence when applying for the visa category. Persons with “extraordinary ability in the

Waivers for Immigrant Visa Applicants Refused for Criminal History

Immigrant visa applicants who have a criminal history often face significant obstacles in being able to immigrate to the United States.  Immigrant visa applicants who have been found guilty of a “Crime Involving Moral Turpitude” (“CMIT”) are ineligible to immigrate to the United States and obtain a “green card”. Even

EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022 (“Act”) was passed by Congress and signed by President Biden on March 15, 2022.  Most of the provisions of the Act will become effective 60 days from enactment, which will be the middle of May 2022.  The Act includes many changes to

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

USCIS Will Begin Accepting Parole-in-Place Applications on August 19, 2024

Following the June 18, 2024 announcement of Parole-in-Place, the U.S. Department of Homeland Security (“DHS”) will begin accepting applications beginning August 19, 2024. Applications filed prior to August 19 will be rejected. In order to be considered for Parole-in-Place, which is approved on a case-by-case basis, an applicant must have

How Does a Country Qualify for the United States Visa Waiver Program (ESTA)?

Quick Summary: VWP and ESTA Question Answer What is the VWP? Visa Waiver Program, a bilateral program between the U.S. and qualifying countries What is ESTA? Electronic System for Travel Authorization, the online registration system for VWP citizens Who benefits? Citizens of the 42 VWP member countries How long can

What are the Vaccination Requirements for an Immigrant Visa?

Quick Summary: Vaccinations and U.S. Immigrant Visas Question Answer Are vaccinations required for a U.S. immigrant visa? Yes, this is a mandatory U.S. government requirement Who determines the vaccine list? CDC (Centers for Disease Control and Prevention) per ACIP recommendations Where are vaccines administered? At DOS-designated panel physician clinics Which

What is ESTA and How is it Used to Enter the United States

Quick Summary: ESTA and the Visa Waiver Program Question Answer What does ESTA stand for? Electronic System for Travel Authorization When was ESTA launched? 2009 Who can use ESTA? Citizens of 42 countries in the Visa Waiver Program (VWP) How long can you stay in the U.S.? Maximum 90 days

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