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DOS to Raise Certain Nonimmigrant Visa Fees

Effective May 30, 2023, the United States Department of State (“DOS”) will be increasing certain nonimmigrant visa application fees. Fees for B-1/ B-2 Visitor (Tourist and Business) Visas and J-1 Student and Exchange Visas will increase from US$160 to $185. The DOS will increase fees for certain petition-based nonimmigrant visas

USCIS Removes Biometrics Requirement for EB-5 Investors on Form I-526E Petitioners

The United States Citizenship and Immigration Services (“USCIS”) has removed the biometrics $85 biometrics fee requirement for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor.  Petitioners no longer need to submit the fee for biometrics services with their Form I-526E. The USCIS has determined that universal biometrics collection

U.S. CDC Rescinds COVID-19 Testing for Passengers from China

The U.S. Center for Disease Control (“CDC”) has rescinded a policy that air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and Macau have a negative COVID-19 test or documentation of recovery. The policy, which

USCIS Flexibility For Responding to Agency Requests Will Expire on March 23, 2023

The United States Citizenship and Immigration Services (“USCIS”) COVID-19 related flexibilities will expire on March 23, 2023. The USCIS, which has extended COVID-19 related flexibilities multiple times including March 2022, October 2022 and January 2023 are not expected to be further extended. The extensions have been in place to assist

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

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