Clarification on STEM OPT Extension Reporting Responsibilities and Training Obligations

August 20, 2018

The United States Citizenship and Immigration Services (USCIS) announced clarification for F-1 visa students completing degrees in science, technology, engineering and mathematics (STEM) participating in an Optional Practical Training Extension (OPT). In a document dated August 17, 2018 posted on the USCIS website, the Department of Homeland Security (DHS) clarified

Final Guidelines on Unlawful Presence for Students and Exchange Visitors

August 13, 2018

United States Citizenship and Immigration Services (USCIS) August 9, 2018 policy memorandum revises the calculation of unlawful presence of those under F, J, or M nonimmigrant visa status and their dependents during their stay in the United States. Under the new memorandum, those holding F, J, or M visas who

USCIS Adjudicator’s Discretion Restored in Denying Applications, Petitions and Requests without Issuing RFE’s or NOIDS.

July 22, 2018

In a new policy memorandum issued by the United States Citizenship and Immigration Services (USCIS) last July 13, 2018, USCIS adjudicators are given discretion to deny applications, petitions, or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the initial evidence is

U.S. Department of State Vietnam Visa Approvals for May and June 2018

July 10, 2018

The U.S. Department of State (“DOS”) has published a list of visa issuances for both immigrant and nonimmigrant visas for the months of May and June 2018. There were 1,643 immigrant visas issued for Vietnamese nationals in May. Eighty-four were IR-1 visas and 187 were CR-1 visas. The IR-1 visa

How to Apply for Naturalization if your American Spouse is Stationed Abroad

June 27, 2018

Vietnamese spouses of U.S. citizens are generally eligible for green cards and eventually U.S. citizenship based on their marriage. In general, a person may only be naturalized after showing that they have resided in the United States as a green card holder for a certain prescribed period of time. However,

Can the Intending Immigrant Help the Sponsor Meet the Income Requirements?

September 26, 2025

In family-based immigration cases, a central component of this process is the Form I-864, Affidavit of Support (“I-864”). This legally binding contract is required to demonstrate that the intending immigrant (the “Beneficiary”) has adequate financial support from the sponsoring family member (the “Sponsor”) through income and/or assets, and therefore the

Is the EB-5 Immigrant Investor Visa for the U.S. a Secure Path to a Green Card?

September 24, 2025

The United States continues to be a top destination for individuals seeking world-class healthcare, top-tier education, and a stable environment for business and investment. For many individuals and families, investment-based immigration offers a convenient opportunity to secure lawful permanent residency in the United States. Among the various investment-based immigration options,

Distinguishing U.S. Immigrant Visa Categories: Family, Employment, and Investment

September 19, 2025

When people think of U.S. immigration, the first thing that comes to mind oftentimes is Lawful Permanent Residence (“Green Card.”) However, the journey to permanent residency is not a one-size-fits-all road. The Green Card system can be divided into several visa categories, each with its own purpose, requirements, and process.

DOS Will Now Require Nonimmigrant Visa Applicants to Interview in Place of Residence or Country of Nationality

September 16, 2025

Following the United States Department of State (“DOS”) updated policy requiring immigrant visa applicants to apply for their immigrant visas at Consulates in their place of residence or country of nationality, DOS now also requires nonimmigrant visa applicants to apply in their country of residence or nationality. According to DOS,

U.S. State Department Stiffens the Bar on Immigrant Visas for Communist Party Members

September 12, 2025

This article is posted here in English and translated into Vietnamese and posted courtesy of the author, Gary Chodorow of Chodorow Law Offices. You can find the original article on Gary’s website at: https://lawandborder.com/u-s-state-department-stiffens-the-bar-on-immigrant-visas-for-communist-party-members/ Introduction The U.S. State Department has updated its Foreign Affairs Manual (FAM) to toughen the statutory

Increased Investment Amounts Of The RIA

September 11, 2025

The Increased Investment Amounts section of the EB-5 Reform and Integrity Act of 2022 (“RIA”) raises the minimum investment thresholds to adjust for inflation and ensure the continued effectiveness of the program in promoting economic growth and job creation in the United States. Under the updated rules, the standard investment

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