U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance in its Policy Manual, which makes a key change in the interpretation of when an immigrant visa number “becomes available”
Continue Reading USCIS Updates Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status ApplicantsOn Jan. 29, 2020, USCIS announced that it would be making a significant change to the processing of I-526 Petitions, commonly referred to as EB-5 Petitions. USCIS previously had a policy to adjudicate EB-5 Petitions on a “first-in, first-out” basis. This meant that USCIS was to review and decide EB-5 Petitions based solely on the date the petition was filed with USCIS. Today, USCIS announced that it would change this policy and decide EB-5 Petitions using the “visa availability” approach.
The “visa availability” approach outlined by USCIS would prioritize EB-5 Petitions for adjudication based on whether a visa number is available to the investor. This ties the timing of the decision on the EB-5 petition to whether the investor is subject to visa retrogression based on their country of birth. As a reminder, the employment-based fifth preference category “EB-5” is allotted approximately 10,000 immigrant visas annually. This quota includes principal applicants, as well as spouses and dependent children under 21 years of age. No one country can exceed more than seven percent of the total EB-5 visas available in each fiscal year.Continue Reading USCIS Announces Significant Change to EB-5 Adjudications Processing
USCIS has issued a new online tutorial for immigrants that will help determine when a Form I-485, Application for Adjustment of Status, can be filed with USCIS. For those immigrants
Continue Reading USCIS Issues New Visa Bulletin Tutorial for I-485 Applications
We have prepared a serious of Questions and Answers below addressing some of the most commonly asked questions with regard to this Executive Order (EO). GT will continue to monitor
Continue Reading GT Alert – President Trump’s Executive Order (EO) “Protecting the Nation from Foreign Terrorist Entry into the United States”: Q&A
On Sept. 29, 2016, U.S. Customs and Border Protection (CBP) announced that it has enhanced the I-94 website for travelers arriving to the United States at land ports of entry.
Continue Reading Online I-94 Application Now Available for Travelers at Land Ports of Entry
On Oct. 5, 2016, the U.S. Department of State (DOS) issued an unclassified cable on the Continuing Resolution signed into law on Sept. 29, 2016 that extends several important immigration
Continue Reading State Department Issues Cable on Extension of Three Visa Programs
The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua for an additional 18 months, effective July 6, 2016, through Jan. 5, 2018.
Continue Reading DHS Extends TPS for Nicaragua and Honduras
The Canada Border Services Agency (“CBSA”) issued a reminder to Lawful Permanent Residents (“LPRs”) of the United States regarding new guidance for travelling to Canada by air. The Electronic Travel
Continue Reading Canada Border Services Reminds LPRs Travelling to Canada by Air of eTA Requirements
In August 2015, the U.S. District Court for the District of Columbia determined that the Department of Homeland Security (DHS) improperly promulgated the regulation allowing the 17-month STEM extension for
Continue Reading DHS Seeks Additional Extension for STEM OPT Rule Beyond Feb. 12, 2016
USCIS has officially announced that it has completed all data entry for fiscal year 2016 H-1B cap-subject petitions. Per the regulations, USCIS conducted its random lottery for H-1B cap-subject petitions
Continue Reading USCIS Completes H-1B Lottery and Entry of 2016 Petitions