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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

What is the Doctrine of Consular Nonreviewability?

The doctrine of consular nonreviewability refers to visa decisions decided by consular officers at U.S. Embassies and Consulates cannot be appealed to courts within the United States. The doctrine applies very broadly to decisions made by consular officers whether they apply to foreign nationals who have been refused an immigrant

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Homeland Security Proposes To Define “Public Charge” For Immigration Purposes

The U.S. Department of Homeland Security (DHS) recently announced that it will define the term “public charge” for immigration purposes. Currently, interviewing consular officers at U.S. Embassies and Consulates are authorized to refuse a visa if it is in their opinion that they are likely to become a public charge.

October Visa Bulletin EB-5 Visa Category Now “Unauthorized” for Visa Issuance

Last week, U.S. Department of State – Bureau of Consular Affairs published the October Visa Bulletin. The EB-5 Regional Center category has been listed as “U” meaning unauthorized for issuance. This is because the Immigrant Investor Program (aka Regional Center Program) is set to expire on September 30, 2018. The

USCIS Announces Fee Increase For Premium Processing To $1,410

USCIS announced an increase in the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, beginning on October 1, 2018. The premium processing fee will increase to $1,410.  This increase will affect any L-1 and EB-1C petitions that our clients

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