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Announcement: H-2 Visa Applicants May Be Adjudicated Without an Interview

As a result of the Coronavirus pandemic, the Department of State (“DOS”) has authorized consular officers at U.S. Embassies and Consulates to expand the categories of H-2 visa applicants whose application can be adjudicated without an in-person interview. The new policy allows interviewing consular officers the ability to waive in-person

Announcement: Extended deadlines to respond to RFEs and NOIDs

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

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

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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