There is no law or regulation that requires an E-2 Treaty Trader visa applicant to have “residence” in the country of citizenship. We have represented many E-2 investors who do not live or maintain a residence or a resident address in the qualifying treaty country. At the time of this
Charles Oppenheim, Chief of the U.S. Department of State (DOS) Visa Control and Reporting Division provided important updates at the Invest in the USA (IIUSA) 2019 EB-5 Advocacy Conference. The annual event was held in Washington, D.C. on May 6, 2019. As noted by Oppenheim, EB-5 visas remain in very
A U.S. federal grand jury in Houston, Texas issued a 206 count indictment involving a massive marriage fraud scheme on April 30, 2019. According to U.S. Immigration and Customs Enforcement (ICE), a total of 96 individuals were involved in a suspected criminal enterprise designed to create sham marriages between individuals
As of May 6, 2019, the U.S. Department of State’s (DOS) new rules went into effect concerning consular officers recommending a waiver if a nonimmigrant visa applicant is ineligible under Section 212(d)(3)(A)(i) of the Immigration and Nationality Act (INA). Under the new rule, consular officers will be required to refer
American visa validity depends on a person’s nationality. For example, Vietnamese citizens are given a maximum of a one-year multiple-entry visa. Other neighboring countries such as the Philippines and Thailand are eligible for a maximum of 10 years multiple-entry visas while Cambodian citizens receive up to three-months double entry validity.
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
There has always been a challenge with some U.S. government offices incorrectly listing Vietnamese citizen’s names on government documents such as visas and Form I-551 “Green Cards” because Vietnamese passports list names in order of last name (or “family name” or “surname”) followed by middle name then first name. Moreover,
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
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
On January 5, 2022, the Department of Homeland Security (“DHS”), on behalf of the United States Citizenship and Immigration Services (“USCIS”), filed a motion to dismiss its appeal of a U.S. District Court’s ruling in the case Behring Regional Center LLC v. Alejandro N. Mayorkas, et al. (“Behring v. Alejandro”).
Six months have passed since the EB-5 Regional Center Program (“Program”) expired and Congress has still not taken any steps towards its renewal. Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent. The Program had been extended on a regular basis for
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