News & Resources

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,

Public Charge Rule is Now Stopped – Again – In Latest Round of Litigation

November 3, 2020

A federal judge has stopped the United States Department of Homeland Security (“DHS”) public charge rule which was recently allowed to proceed after an injunction was lifted by the United States Circuit Court for the Second Circuit. Judge Gary Feinerman of the U.S. District Court for the Northern District of

USCIS Premium Processing Fees to Increase as of October 19

October 22, 2020

On October 19, 2020, United States Citizenship and Immigration Services (“USCIS”) premium processing fees will increase in accordance with the Continuing Appropriations Act signed into law on October 1, 2020.. USCIS premium processing allows a petitioner to receive a decision within 15 business days by submitting a Form I-907, Request

DOS to Allow Certain Non-immigrant Visa Applicants to Proceed with Interviews

October 16, 2020

Following the United States Federal District Court for the Northern District of California issuing a narrow injunction against the United States Department of State, certain nonimmigrant visa applicants that were previously subjected to U.S. President Donald Trump’s immigration ban executive order will no longer be subjected to the executive order.

Are you a Conditional Permanent Resident outside the United States because of Covid-19: I-829 and I-751?

October 9, 2020

Are you a conditional permanent resident waiting for the approval of a Form I-829 Petition (for EB-5 immigrant investors) or a Form I-751 Petition (for spouses of U.S. citizens) to remove the condition from your permanent resident status but have not been able to return to the U.S. because of

DHS to Introduce New Rule Holding Immigrant Sponsors Accountable for Failing to Meet Contractual Obligations

October 8, 2020

The United States Department of Homeland Security (“DHS”) has introduced a rule that would hold immigrant sponsors accountable for failing to meet contractual obligations that they enter when sponsoring a foreign national for an immigrant visa. The new rule comes after the United States Court of Appeals for the Second

New Increased USCIS Filing Fees for EB-5 Investors

October 1, 2020

Update: Between the writing and publication of this article, a federal judge granted a motion for a preliminary injunction against the U.S. Citizenship and Immigration Services (USCIS) fee rule discussed herein. As long as this preliminary injunction is in place, the existing fees remain as before. Effective October 2, 2020,

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