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 Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent.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

National Interest Waivers for EB-2 Applicants

March 16, 2020

The Employment Based Second Preference Immigrant Visa Category (EB-2) Advanced Degree Holder and Person of Exceptional Ability with National Interest Waivers. Previously we wrote about the qualifications for an Employment Based Second Preference (EB-2) Immigrant Visa which is for persons who have an advanced degree or persons with exceptional ability

Will K-1 Visa Applicants Be Required to Provide a DS-5540 Public Charge Questionnaire?

March 9, 2020

The new public charge rule requires immigrant and non-immigrant visa applicants to provide a detailed DS-5540 public charge questionnaire in order to determine whether they are likely to become a public charge at any time in the future. While a K-1 visa is officially a non-immigrant visa allowing for single

Insight into the EB-5 China final action date forward movement in the March 2020 visa bulletin

March 6, 2020

Why did the EB 5 China final action date jump forward in the March 2020 visa bulletin? There have been a number of questions as to why the final action date for EB-5 investors from China leaped forward 4.5 months in the March visa bulletin. United States Department of State’s

Department of State to Implement Inadmissibility on Public Charge Grounds as of February 24, 2020

March 4, 2020

Following the Department of Homeland Security (“DHS”) lead, the U.S. Department of State (“DOS”), which oversees consular processing for immigrant and non-immigrant visas at U.S. Embassies and Consulates, has implemented its new public charge rule as of February 24, 2020. Immigrant visa applicants will be required to complete a Form

Notice for Automatic Stay Extension for Foreigners Affected by the Covid-19 Pandemic in Vietnam

March 1, 2020

USCIS to Implement Inadmissibility on Public Charge Grounds as of February 24, 2020

February 26, 2020

On February 24, 2020, the U.S. Citizenship and Immigration Services will implement the agency’s new rules for inadmissibility on public charge grounds. The final rule outlines some of the criteria on how the Department of Homeland Security (“DHS”) will determine whether a foreign national is inadmissible to adjust status from

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