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USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

The U.S. Citizenship and Immigration Services (“USCIS”) has updated guidance in its USCIS Policy Manual to address the documentation that E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. On November 12, 2021, the USCIS issued a policy announcement to clarify that it

USCIS Publishes New Guidance on Scope of Evidence in Cases of Extraordinary Ability

The U.S. Citizenship and Immigration Services (“USCIS”) has updated its Policy Manual to provide guidance on the type of “published material” that persons applying for an Employment Based First Preference Immigrant Visa category (“EB-1”) can present as evidence when applying for the visa category. Persons with “extraordinary ability in the

Waivers for Immigrant Visa Applicants Refused for Criminal History

Immigrant visa applicants who have a criminal history often face significant obstacles in being able to immigrate to the United States.  Immigrant visa applicants who have been found guilty of a “Crime Involving Moral Turpitude” (“CMIT”) are ineligible to immigrate to the United States and obtain a “green card”. Even

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

Rural Area In The RIA

In the EB-5 Reform and Integrity Act of 2022 (“RIA”), the term “rural area” is used to identify locations that are eligible for the lower investment threshold of US$800,000 rather than the base investment amount of US$1,050,000.  It is designed to promote investment in infrastructure, development, and economic growth in

What is a Form I-130A?

A Form I-130A, Supplemental Information for Spouse Beneficiary, is required in every marriage-based Form I-130, Petition for Alien Relative (“Form I-130”). The supplemental form is submitted with the United States Citizenship and Immigration Services (“USCIS”) at the time of filing the Form I-130 which contains important background details about the

DHS Ends Automatic EAD Extensions, Emphasizing Vetting and Security

The U.S. Department of Homeland Security (“DHS”) has announced an interim final rule that will significantly change how Employment Authorization Documents (“EADs”) are renewed. Effective October 30, 2025, foreign nationals filing for EAD renewal will no longer receive automatic extensions while their applications are pending—except in limited cases provided by

What is a Form I-693, Report of Medical Examination and Vaccination Record?

If you are applying for lawful permanent residency (“Green Card”) from within the United States, you have to submit Form I-693, which is a medical exam and vaccination record completed by a specific doctor. Submitting this form shows that you are eligible for a Green Card based on health reasons.

Vietnamese Passport Name Order: Common Issues with U.S. Immigration Documents

Many Vietnamese citizens face challenges when their names are listed incorrectly on U.S. immigration documents such as visas and Green Cards. This often happens because the naming style also known as the Vietnamese passport name order follows the format: Given/ Surname name → Middle name → Given name, which differs

What Is Capital In The RIA?

In the EB-5 Reform and Integrity Act of 2022 (“RIA”), the definition of “Capital” as an investment for EB-5 has been updated.  Capital includes cash, as well as any real, personal, or mixed tangible assets that are owned and controlled by the investor and which are invested in, or contributed

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