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USCIS Updates Guidance for F and M Nonimmigrant Visa Classification

The United States Citizenship and Immigration Services (“USCIS”) has updated its guidance effective immediately regarding when students who are in either F or M nonimmigrant visa classification may be eligible for Optional Practical Training (“OPT”) extensions for Science, Technology, Engineering, or Mathematics (“STEM”) field.  The updated guidance, which is found

parole in place
Administrative Stay Order Issued Against Parole in Place Applications

Following litigation filed against the Department of Homeland Security (“DHS”), a federal judge has granted the Plaintiff, the State of Texas and fifteen (15) other U.S. states, an administrative stay against Parole in Place application approvals under Keeping Families Together for at least fourteen (14) days. While this order is

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

What is the Doctrine of Consular Nonreviewability?

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

No Changes to EB-5 Category in the March 2022 Visa Bulletin

The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5

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

Quick Comparison: K-3 vs CR-1/IR-1 K-3 Visa CR-1/IR-1 Visa Visa type Nonimmigrant Immigrant Who qualifies Spouse of a U.S. citizen Spouse of a U.S. citizen (IR-1) or LPR (CR-1) Primary forms I-130 + I-129F I-130 Status upon entry Nonimmigrant; must file AOS after arriving Immigrant immediately; becomes LPR at port

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

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