Biden Administration Initiative to Attract STEM Talent to the United States

January 26, 2022

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

DHS Drops Appeal of the U.S. District Court’s Ruling in Behring Regional Center LLC v. Mayorkas

January 13, 2022

On January 5, 2022, the Department of Homeland Security (“DHS”), on behalf of the United States Citizenship and Immigration Services (“USCIS”), filed a motion to dismiss its appeal of a U.S. District Court’s ruling in the case Behring Regional Center LLC v. Alejandro N. Mayorkas, et al. (“Behring v. Alejandro”).

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

January 10, 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 Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent.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

January 9, 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

January 8, 2022

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,

U.S. Federal Court Judge Temporarily Blocks Presidential Proclamation on Requiring Immigrants to Obtain Health Insurance

November 4, 2019

A U.S. Federal District Court judge has granted a temporary restraining order (TRO) against U.S. President Donald Trump’s proclamation requiring intending immigrants to obtain health insurance within thirty (30) days upon their arrival in the United States or be able to show that they have enough money to pay for

USCIS to Increase Premium Processing Fees for Forms I-129 and I-140

November 1, 2019

U.S. Citizenship and Immigration Services (USCIS) is scheduled to increase I-129 and I-140 premium processing fees from US$1410 to US$1440. The increase, which is scheduled to take effect on December 2, 2019, reflects the full amount of inflation from the implementation of premium processing fees in June 2001 through August

USCIS Begins Online Filing for Form I-130 Petition for Alien Relative

October 31, 2019

U.S. Citizenship and Immigration Services (USCIS) has started it’s online filing for Form I-130 Petition for Alien Relative. An I-130 is the first step to bring a spouse, child, parent(s), or siblings to the United States by a U.S. citizen or Lawful Permanent Resident. “Form I-130 is on the most

Can I apply for a visitor visa or student visa and enter the United States while my I-526 Petition or immigrant visa application is pending?

October 28, 2019

A nonimmigrant visa is for persons wanting to enter the U.S. for a temporary visit for a specific purpose and who will leave the U.S. when the purpose of their visit is finished. In most nonimmigrant visa categories, this is called establishing “nonimmigrant intent”. The most common nonimmigrant visas are

David Enterline to speak at EB-5 Conference in Seattle, Washington

October 24, 2019

David Enterline will serve as a panel moderator at the 9th Annual IIUSA EB-5 Industry Forum in Seattle, October 29-30. David will moderate the panel – “Investor Relations: Communication, Transparency & Record Keeping”. This is a panel of experienced EB-5 Regional Center operators and lawyers with years of experience who

November Visa Bulletin Priority Date is November 15, 2016 for the Vietnamese EB-5 Immigrant Investor Visa Category

October 23, 2019

The “Final Action Date” priority date for Vietnamese EB-5 investors moved forward one month in the Department of State November 2019 visa bulletin. The priority date indicates that any investors who filed their I-526 Petitions on or before November 15, 2016 now have visas available. If you are such an

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