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USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

The U.S. Citizenship and Immigration Services (“USCIS”) has updated guidance in its USCIS Policy Manual to address the documentation that E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. On November 12, 2021, the USCIS issued a policy announcement to clarify that it

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

USCIS Issues Another Alert, This Time on the Court Order Regarding EB-5 Regulations

The United States Immigration and Citizenship Services (“USCIS”) has posted another Alert regarding the EB-5 immigrant investor visa.  We post the complete Alert here for convenience. “On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant

Alert – USCIS Changes Policy on EB-5 Regional Center Program Adjustment of Status Filings

One day after announcing its policy on handling EB-5 immigrant investor petitions and applications, the United States Citizenship and Immigration Services (“USCIS”) has reversed its decision on accepting Form I-485, Application to Register Permanent Residence or Adjust Status (“Form I-485”).  The updated “Alert” with this change has been posted on

USCIS Issues Alert on the EB-5 Regional Center Program

The United States Citizenship and Immigration Services (“USCIS”) has posted an “Alert” on its “Approved EB-5 Immigrant Investor Regional Centers webpage”. The Alert explains how the USCIS will handle relevant petitions and applications following the sunset of the Immigrant Investor “Regional Center” Program (the “Program”). We emphasis herein guidance related

The EB-5 Regional Center Program Will Lapse on June 30, 2021

The EB-5 Immigrant Investor “Regional Center” Program (“Program”) will lapse on June 30, 2021 due to the failure of the U.S. Congress to reauthorize or extend it before the expiration date.  Because the Senate has adjourned for recess until July 12, 2021, the Program will remain unavailable as no legislation

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