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
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
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
It is often misunderstood that those who enter the United States on a B-1/B-2 Visitor Visa and granted a 6 month stay are allowed to leave the United States, re-enter and be granted another 6 months upon re-arrival. While there may be reasons why this is acceptable, and many visitors
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
The United States Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual concerning untimely filed extensions of stay and change of status requests. Generally, certain foreign nationals who are admitted to the United States as nonimmigrants for a specific period of time may file a Form I-539, Application to
In late 2021, our client (Joe), a U.S. citizen married his Philippines citizen wife (Jane) through an online marriage under the laws of the State of Utah. Following the marriage, Joe filed a Form I-130 Petition for Jane. After completing the United States Citizenship and Immigration Services (“USCIS”) adjudication process
Quick Summary: L-1A Visa and Company Relationship Requirements Question Answer What is the L-1A visa? A nonimmigrant visa for executives and managers being transferred within a multinational organization Who files the petition? The U.S. company with a qualifying relationship to the foreign company How many types of qualifying relationships exist?
Quick Summary: The USCIS Address Update Requirement Question Answer Who must update their address with USCIS? All LPRs and foreign nationals lawfully residing in the U.S. Deadline after moving? Within 10 days of moving to a new address Legal basis? INA Section 265 (Immigration and Nationality Act) Traditional form? Form
The United States Citizenship and Immigration Services (“USCIS”) will increase Form I-907, Request for Premium Processing filing fees. After leaving these fees unchanged for three (3) years, the charges for certain premium processing cases will increase from $1500 to $1685, $1750 to $1965, and $2500 to $2805, depending on the
The United States Department of State (“DOS”) has consular officers’ authority to waive in-person interviews for certain nonimmigrant visas from January 1, 2024 through December 31, 2024. The announcement, which was made on December 21, 2023 replaces the previous policy extending nonimmigrant visa waivers through December 31, 2023 and allows
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