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Why Did My Priority Date Jump Backwards in the Visa Bulletin?

For many people who are immigrating to the United States, the Department of State (“DOS”) Visa Bulletin is the most important document to watch each month. The Visa Bulletin helps immigrant visa applicants understand their place in line for a visa. Although checking the Visa Bulletin is an essential step

USCIS Issues Policy Guidance on Rescheduling Biometrics Appointments

The United States Citizenship and Immigration Services (“USCIS”) has issued policy guidance for rescheduling biometric appointments at Application Support Centers (“ACS”). The new policy highlights include the following: Rescheduling requests must be made online through myUSCIS or by calling the USCIS Contact Center. The USCIS will not accept rescheduling requests

What is a B-1 Domestic Employee Visa

A B-1 visa for domestic employees, also known as a B-1 Domestic Employee Visa, allows foreign nationals who are employed by U.S. citizens or nonimmigrant visa holders living abroad to travel to  the United States to provide household services. The primary purpose of this visa is to enable employers to

Preconceived Intent in U.S. Immigration Law: Factors and Potential Risks

The United States immigration system is designed to ensure that individuals seeking to enter the country do so lawfully and with genuine intentions. As part of this effort, one factor that U.S. immigration law considers is the concept of “preconceived intent”: the intention of individuals to engage in activities that

What is a K-3 Visa and How is it Different from a CR-1/ IR-1 Visa?

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

Vietnamese Names Listed Incorrectly on U.S. Visas and Green Cards

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. This

Expediting Employment Authorization and Advance Parole Travel Documents

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

Biden Administration Initiative to Attract STEM Talent to the United States

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

Status of the EB-5 Regional Center Program in January 2022

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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