With the beginning of autumn, individuals who may wish to travel internationally for the holidays should start planning accordingly. With movement restrictions still in place and U.S. embassies and consulates
Continue Reading Fall Travel Advisory: U.S. Embassy/Consular Services and COVID-19 Movement Restrictions
Presidential Proclamation 10052, issued on June 22, 2020, has now been challenged in several federal district courts. As previously reported, Presidential Proclamation 10052 barred the issuance of visas to
Continue Reading June 22 Immigration Proclamation Challenged by Business Organizations and Plaintiffs in New Lawsuit
The U.S. Department of State announced on July 13, 2020, via Twitter, that U.S. embassies and consulates are entering a “phased resumption of routine visa services” beginning July 15, 2020.
Continue Reading U.S. Embassies and Consulates Expected to Resume Visa Services Beginning on July 15
Due to the COVID-19 pandemic, many U.S. Consulates and Embassies closed temporarily. As of June 20, 2020, some U.S. Consulates reopened, while others remain closed until further notice. Below is an outline of current openings:
Continue Reading Status of U.S. Consular Operations
Anna H. Morzy and Jay Ruby, shareholders in the global law firm Greenberg Traurig, LLP’s Immigration & Compliance Practice, were each recognized by the National Law Journal (
Continue Reading Anna H. Morzy, Jay Ruby Named National Law Journal 2020 Immigration Law Trailblazers
The White House has published three Coronavirus Disease 2019 (COVID-19)-related proclamations relating to travel to the United States:
On March 11, 2020, President Trump signed a Presidential Proclamation, effective at 11:59 p.m. EST on March 13, 2020, which prohibits the entry of most foreign nationals who traveled
Continue Reading U.S. Suspends Entry of Foreign Nationals for 30 Days Effective March 13, 2020, U.S. Travelers Required to Enter Through Designated Ports of Entry
Form I-130, Petition for Alien Relative, one of the most widely filed USCIS forms, is filed by a U.S. citizen or lawful permanent resident petitioning for an immediate or close relative intending to immigrate to the United States. Until now, petitioners had the option of filing Form I-130 with the USCIS, directly with the USCIS international field offices abroad, or a U.S. consulate or embassy abroad, if they could prove an exceptional circumstance.
Without any notice, USCIS announced on Jan. 31, 2020, that starting on Feb. 1, it will no longer accept and adjudicate Form I-130 petitions at its international field offices except the USCIS field offices in Accra, Ghana, and London, England. These two offices will continue to accept and adjudicate Forms I-130 petitions until April 1, 2020. Going forward, I-130 petitions will only be processed domestically by USCIS or internationally by the Department of State in certain circumstances.
Continue Reading Effective Feb. 1, Form I-130 Petitions Only Processed Domestically by USCIS or Internationally by DOS
On 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
As of Jan. 23, 2020, U.S. Citizenship and Immigration Services (USCIS) will no longer accept requests for changes to E-1 or E-2 status or extensions of E-1 or E-2 status from Iranian nationals and their dependents (see USCIS notice concerning termination of eligibility). This change applies to Iranian nationals who are already in the United States and are seeking an extension of their E-1/E-2 status or were planning to submit a change of status to E-1/E-2. Affected applicants who currently have pending applications will be issued Notices of Intent to Deny by USCIS. This policy change does not affect Iranians who are in the United States currently holding E-1 or E-2 status as they may remain in the United States until their current status expires.
Continue Reading Iranian Nationals No Longer Eligible for Changes to E-1 and E-2 Status or Extensions of E-1 and E-2 Status