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Homeland Security Proposes To Define “Public Charge” For Immigration Purposes

The U.S. Department of Homeland Security (DHS) recently announced that it will define the term “public charge” for immigration purposes. Currently, interviewing consular officers at U.S. Embassies and Consulates are authorized to refuse a visa if it is in their opinion that they are likely to become a public charge.

October Visa Bulletin EB-5 Visa Category Now “Unauthorized” for Visa Issuance

Last week, U.S. Department of State – Bureau of Consular Affairs published the October Visa Bulletin. The EB-5 Regional Center category has been listed as “U” meaning unauthorized for issuance. This is because the Immigrant Investor Program (aka Regional Center Program) is set to expire on September 30, 2018. The

USCIS Announces Fee Increase For Premium Processing To $1,410

USCIS announced an increase in the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, beginning on October 1, 2018. The premium processing fee will increase to $1,410.  This increase will affect any L-1 and EB-1C petitions that our clients

Clarification on STEM OPT Extension Reporting Responsibilities and Training Obligations

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

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

Announcement: DHS Issues Revised Policy on Foreign Students Outside the United States

A week after United States Department of Homeland Security (“DHS”) rescinded it’s earlier policy requiring foreign students to depart the United States if their educational institutions were moving to full-time online courses for fall semester 2020, DHS has announced that foreign students not currently enrolled as of March 9, 2020

Announcement: CDC Issues One Month Extension on Immigrant Visa Medical Evaluations

The United States Centers for Disease Control (“CDC”) has approved a one-month extension on medical evaluations conducted for immigrant visa applications between January 1, 2020 and June 30, 2020.  Immigrant visa applicants who obtained medical clearances as well as those who had their immigrant visas issued but were unable to

Hong Kong Born Nationals Facing Long Wait Times for Immigrant Visas

On July 14, 2020 President Trump signed the Hong Kong Autonomy Act of 2020 and at the same time signed The President’s Executive Order on Hong Kong Normalization. The intent of this Executive Order (“EO”) is to suspend or eliminate different and preferential treatment for Hong Kong, including the treatment

Has Trump Finally Overstepped His Abuse of Executive Authority?

Editor’s Note: this article was written after the lawsuit discussed herein but not published before the DHS indicated to the Federal Court judge on July 14th that it would rescind the policy. In a recent American Immigration Lawyers Association (“AILA”) webinar, the esteemed Ira Kurzban, unquestionably regarded as the godfather

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