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On July 16, 2020, the Department of State provided updated information on the availability of exceptions to the June 22 Presidential Proclamation 10052, which extends Proclamation 10014 through Dec. 31, 2020,.

Some travelers and visa applicants who are affected by the Proclamation may qualify for an exception if the purpose of their travel to the United States is for humanitarian reasons, public health response, or national security. Other exceptions include: (1) applicants who are subject to aging out of their current immigrant visa classification; (2) certain H and J visa applicants who are traveling to the United Sates to work in support of a critical U.S. foreign policy; and (3) dependents of applicants who are excepted from, or not subject to, the Proclamations.…
Continue Reading Exceptions to Presidential Proclamations – Department of State Guidance

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

As economies worldwide begin to re-open, some companies and individuals are thinking about resuming international travel. If international travel is required for your work or other reasons, be prepared for

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Continue Reading July 2020 Travel Advisory, U.S. Embassy/ Consular Services, and COVID-19 Movement Restrictions

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

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.

What is 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.

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Continue Reading USCIS Announces Significant Change to EB-5 Adjudications Processing

After more than two and a half years, Obama-era EB-5 immigration regulations are set to be published on July 24, 2019, with an effective date 120 days after publication or…
Continue Reading EB-5 Regulations Published for Public Inspection