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 sciences, arts, education, business, or […]
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 if the immigrant visa applicant […]
Great News for all EB-5 Investors Waiting for Regional Center Program Reauthorization
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. The Act includes many changes to the EB-5 immigrant visa category, which […]
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 or nonimmigrant visa or by […]
No Changes to EB-5 Category in the March 2022 Visa Bulletin
The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5 and T5) for those investors […]
Vietnamese Names Listed Incorrectly on U.S. Visas and Green Cards
There has always been a challenge with some U.S. government offices incorrectly listing Vietnamese citizen’s names on government documents such as visas and Form I-551 “Green Cards” because Vietnamese passports list names in order of last name (or “family name” or “surname”) followed by middle name then first name. Moreover, some Vietnamese have more than […]
DHS Drops Appeal of the U.S. District Court’s Ruling in Behring Regional Center LLC v. Mayorkas
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”). In the case of Behring […]
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 28 years until June 30, […]
Enterline and Partners Successfully Expedites CR-1 Visa Through DCF Proxy Marriage
The COVID-19 Pandemic has in no doubt permanently altered the way business is done across many industries and professions. From international borders closures to internal movement control orders, activities and transactions which were once routine and seamless are now complex and difficult. Despite all of the hardship caused by the pandemic, there are many silver […]
DOS Rescinds Tiered Approach Allowing Resumption of More Consular Services
As the COVID-19 pandemic continues to ease, the United States Department of State (“DOS”) has announced that the earlier tiered approach aimed at reducing backlogs has been rescinded. Instead of the tiered approach, DOS will focus on reducing wait times for all consular processing services while also protecting the health and safety of applicants and […]
