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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?

A K-3 visa is a non-immigrant visa issued to a foreign spouse married to a U.S. citizen. Like a K-1 visa, a K-3 visa is also filed using a Form I-129F Petition for Alien Fiancé(e) (“Form I-129F Petition”) intended to shorten the separation period between the married couple and allow

House of Representatives Passes Emergency Stopgap USCIS Stabilization Act

On Saturday, August 22, the United States House of Representatives unanimously passed The Emergency Stopgap USCIS Stabilization Act (H.R. 8089). The legislation seeks to temporarily prevent planned furloughs by the United States Immigration and Citizenship Services (“USCIS”) by immediately increasing USCIS premium processing revenues. In May 2020, USCIS notified Congress

DOS Provides Update on Public Charge Inadmissibility Following Temporary Injunction

DOS Provides Update on Public Charge Inadmissibility Following Temporary Injunction Following a nationwide injunction issued by a federal judge temporarily blocking Public Charge inadmissibility from being enforced due to the COVID-19 pandemic, the United States Department of State (“DOS”) will be updating its guidance to consular officers on how to

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

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