EB-5 “Promoters” and “Migration Agents” Now Required to Register with USCIS
On January 4, 2023, the U.S. Citizenship and Immigration Services (“USCIS”) published Form I-956K, Registration for Direct and Third-Party Promoters which is now required to be completed and filed by any person or company that is acting as a direct or third-party promoter or migration agent (a “Promoter”) of: A regional center; A new commercial […]
USCIS Extends Flexibility for Responding to Agency Requests Through January 2023
The U.S. Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities through January 24, 2023. The flexibilities, which have been extended multiple times, the latest in March 2022 and again in October 2022 are to assist applicants, petitioners, and requestors have more time to reply to various USCIS requests. Flexibility applies if the request, […]
Enterline and Co-Counsel Obtain More I-829 Petition Approvals from Writ of Mandamus Action against USCIS
On October 6th and 7th, 2022, the United States Citizenship and Immigration Services (“USCIS”) approved two more Form I-829, Petitions by Entrepreneur to Remove Conditions on Permanent Resident Status (“I-829 Petition”) because of filings in Federal Court seeking Writs of Mandamus. The approvals came less than 2 months after filing a complaint in Federal Court. […]
Settlement Agreement Confirms EB-5 Regional Center Program and Investors Can Move Forward
On August 25, 2022 a settlement was reached in two cases between multiple plaintiffs against the United States Citizenship and Immigration Services (“USCIS”) that re-authorized previously approved regional centers which USCIS had deauthorized following the enactment of the EB-5 Reform and Integrity Act in March 2022. The settlement agrees to the following conditions: Previously authorized […]
USCIS Makes COVID Policy on Copies of Signatures Permanent
On March 20, 2020, at the beginning of the COVID-19 pandemic, the United States Citizenship and Immigration Services (“USCIS”) implemented temporary changes, announcing that it would accept all benefit forms and documents with reproduced original signatures for submissions starting March 21, 2020. Up to that time, USCIS accepted many petitions, applications and other documents bearing […]
USCIS Alert Regarding Fee Payments for Concurrent EB-5 Forms I-526 Petition and I-485 Applications
The USCIS has posted an Alert regarding fee payments for concurrent EB-5 Form I-526 Petition and Form I-485 Adjustment of Status Applications on the United States Citizenship and Immigration Services (“USCIS”), EB-5 Immigrant Investor Program webpage. “ALERT: Beginning Sept. 1, 2022, we will no longer accept a single, combined fee payment when an applicant or petitioner […]
USCIS Extends Flexibility for Responding to Agency Requests Into October 2022
The U.S. Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities to respond to agency requests through October 23, 2022. The flexibility, which has been previously extended applies if the issuance date listed on the request, notice or decision was issued between March 1, 2020, and October 23, 2022, inclusive: Requests for Evidence; Continuations […]
Enterline and Co-Counsel Obtain Settlement With USCIS On Writ of Mandamus Action To Process I-829 Petitions
On March 4, 2022, Mr. Enterline of Enterline and Partners, working with co-counsel in the United States, helped file a complaint in Federal Court for multiple EB-5 investors waiting for action on their Form I-829, Petition by Investor to Remove Conditions on Permanent Residence Status (“I-829 Petition). The law suit was filed against the Department […]
What is Extreme Hardship in a Waiver Application?
One way immigrant visa applicants may be eligible for a waiver of a refused immigrant visa is to file a Form I-601 Waiver of Inadmissibility through the U.S. Citizenship and Immigration Services (“USCIS”) and demonstrate that they have a qualifying U.S. relative (spouse or child) and who would suffer “extreme hardship” if the applicant would […]
USCIS Posts Notices Regarding the EB-5 Regional Center Program Petition Processing
The United States Citizenship and Immigration Services (“USCIS”) has posted several alerts on its EB-5 Immigrant Investor Program webpage updating the public on the status of Form I-526 and Form I-829 Petitions. The alerts read: “Alert: We will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We will adjudicate Form I-829 […]