The U.S. Center for Disease Control (“CDC”) has announced that it will implement a requirement for a negative COVID-19 test or documentation of recovery for air passengers boarding flights to the United States originating from the People’s Republic of China (“PRC”) and the Special Administrative Regions of Hong Kong and
The United States Department of State (“DOS”) has extended DOS consular officers’ authority to waive in-person interviews for certain nonimmigrant visa categories through December 31, 2023. The announcement made on December 23, 2022 replaces the previous policy extending nonimmigrant visa waivers through December 31, 2022 and allows DOS consular officers
Quick Summary: I-485, EAD and Nonimmigrant Status Question Answer What is adjustment of status (I-485)? The process of changing from nonimmigrant to lawful permanent resident status while remaining inside the United States Who can file Form I-485? People lawfully present in the U.S. on a nonimmigrant visa who are the
Effective December 12, 2022, the U.S. Citizenship and Immigration Services (“USCIS”) updated the USCIS Policy Manual to allow it to automatically extend the validity of Permanent Resident Cards (commonly called “Green Cards”) for lawful permanent residents who have applied for naturalization to become U.S. citizens. This update is expected to
David Enterline was again invited by American Venture Solutions Regional Center (AVS) to speak at its latest seminar in Ho Chi Minh City, Vietnam on November 20, 2022. Mr. Enterline discussed the provisions of EB-5 law as a result of the EB-5 Reform and Integrity Act of 2022 that was
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
It is often misunderstood that those who enter the United States on a B-1/B-2 Visitor Visa and granted a 6 month stay are allowed to leave the United States, re-enter and be granted another 6 months upon re-arrival. While there may be reasons why this is acceptable, and many visitors
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
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
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
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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