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Biden Administration Initiative to Attract STEM Talent to the United States

Pursuant to a Biden Administration initiative, on January 21, 2022, the Departments of State (“DOS”) and Homeland Security (“DHS”) announced new actions related to STEM work authorization, J-1 Researchers, National Interest Waivers, and O-1 Extraordinary Ability Workers.  You can read the White House Fact Sheet here. “The Biden-Harris Administration believes

Status of the EB-5 Regional Center Program in January 2022

Six months have passed since the EB-5 Regional Center Program (“Program”) expired and Congress has still not taken any steps towards its renewal.  Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent.    The Program had been extended on a regular basis for

DOS Extends Certain In-Person Non-Immigrant Visa Interviews Through 2022

The United States Department of State (“DOS”) has extended the authority of consular officers to waive certain in-person non-immigrant visa interviews through the end of 2022. Along with B-1/ B-2 interview waivers, F, M, and J Academic visa applicant waivers have been extended to the end of 2022 under the

USCIS Once Again Extends Flexibility for Responding to Agency Requests

In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services (“USCIS”) is again extending the time period within which applicants, petitioners, and requestors may respond to agency requests.   This flexibility applies if the issuance date listed on the request, notice, or decision is on or between March 1, 2020,

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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