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Update on the EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor “Regional Center” Program (“Program”) lapsed on June 30, 2021 due to the failure of the U.S. Congress to extend or reauthorize it before that date.  Congress has not yet passed a law to reauthorize the Program. As a result, any investor and family members who do not already have immigrant visas […]

Deferred Enforcement Departure for Certain Residents of Hong Kong

On August 5, 2021, President Biden issued the “Deferred Enforcement Departure for Certain Residents of Hong Kong” memorandum (the “Memorandum”), directing the Department of Homeland Security (“DHS”) to take appropriate measures to defer for 18 months the removal of Hong Kong residents presently in the United States. Hong Kong residents in the United States whose […]

Rescheduling Biometric Services Appointments

The United States Immigration and Citizenship Services (“USCIS”) has announced it has closed the Biometrics Processing Unit in Alexandria, Virginia and no longer accepts written requests to reschedule biometric services appointments at application support centers. You must now call the USCIS Contact Center to reschedule a biometric services appointment. The USCIS states that this change […]

USCIS Issues Another Alert, This Time on the Court Order Regarding EB-5 Regulations

The United States Immigration and Citizenship Services (“USCIS”) has posted another Alert regarding the EB-5 immigrant investor visa.  We post the complete Alert here for convenience. “On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule. […]

Alert – USCIS Changes Policy on EB-5 Regional Center Program Adjustment of Status Filings

One day after announcing its policy on handling EB-5 immigrant investor petitions and applications, the United States Citizenship and Immigration Services (“USCIS”) has reversed its decision on accepting Form I-485, Application to Register Permanent Residence or Adjust Status (“Form I-485”).  The updated “Alert” with this change has been posted on the USCIS website “Approved EB-5 […]

USCIS Issues Alert on the EB-5 Regional Center Program

The United States Citizenship and Immigration Services (“USCIS”) has posted an “Alert” on its “Approved EB-5 Immigrant Investor Regional Centers webpage”. The Alert explains how the USCIS will handle relevant petitions and applications following the sunset of the Immigrant Investor “Regional Center” Program (the “Program”). We emphasis herein guidance related to EB-5 investors who have […]

USCIS Policy Update to “Requests for Evidence” and “Notices of Intent to Deny”

The U.S. Citizenship and Immigration Services (“USCIS”) has issued new policy guidance in the USCIS Policy Manual to address the circumstances in which officers should issue Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”). In 2013, USCIS published guidance instructing officers to issue RFEs in cases involving insufficient evidence before denying such […]

USCIS Announces New Policy Highlights for Expedited Processing

The United States Citizenship and Immigration Services (“USCIS”) has released a new policy update pertaining to expedited processing. Under the updated criteria, USCIS provides further guidance as to whether expedited processing may be warranted. The new policy highlights include the following: Clarifies criteria and circumstances under which USCIS will generally consider expedited requests. Restores the […]

Announcement – Rescheduling USCIS Biometric Services Appointments by Phone

The U.S. Citizenship and Immigration Services (“USCIS”) announced that applicants, petitioners, and beneficiaries may now call the USCIS Contact Center (1-800-375-5283) to reschedule their biometric services appointments that were scheduled at a USCIS Application Support Center (“ACS”).  Previously, applicants had to submit requests in writing to reschedule biometrics appointments. This change helps eliminate undue paperwork […]

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