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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

Federal Court to Allow Public Charge Inadmissibility to Resume

The United States Court of Appeals for the Second Circuit lifted an injunction issued by a federal judge allowing the Department of Homeland Security (“DHS”) to resume public charge inadmissibility. The most recent ruling has been part of intense ongoing litigation since DHS, under the direction of  the Trump Administration,

Important Notice for K Visa Applicants Affected by COVID-19

Effective August 28, as it becomes safe to resume more consular operations at the U.S. Embassy in Manila and the U.S. Consulate in Ho Chi Minh City, posts are authorized to give K visa cases high priority. Applicants should check https://www.ustraveldocs.com/ph/ (Philippines) and http://cdn.ustraveldocs.com/vn/ (Vietnam) for updates. The I-129F Petition

Department of States Expands Non-Immigrant Visa In-Person Interview Waivers

The United States Department of State (“DOS”) has temporarily expanded the ability of consular officers to waive in-person interviews for individuals applying for non-immigrant visas in the same visa classification. Previously, only those applicants whose non-immigrant visas had expired within the previous 12 months were eligible for an interview waiver. 

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

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