On Jan. 18, 2021, President Trump issued a Presidential Proclamation terminating his previous Presidential Proclamations restricting travel from certain Schengen areas (Proclamation 9993), UK/Ireland (Proclamation 9996), and Brazil
Continue Reading President Trump Lifts Travel Ban from Schengen Countries, UK, Ireland, and Brazil

On Feb. 7, 2020, the official visa information website of the U.S. mission in China (http://cdn.ustraveldocs.com/cn/index.html?firstTime=No) announced that as of Feb. 3, 2020, regular visa services at the
Continue Reading Update – U.S. Embassy and Consulates General in China Suspended Regular Visa Services as of Feb. 3

As a follow-up to our Jan. 31 blog post, we have yet to see an official announcement from the U.S. Embassy & Consulates in China regarding visa appointment cancellations for the week of Feb. 10 or later. However, this week, we began receiving non-immigrant and immigrant visa appointment cancellations for the week of Feb. 10. Likewise, the U.S. Consulate General in Guangzhou informed some EB-5 investors that “Due to the evolving situation with the novel corona virus, and the Chinese government response, the USCIS Consulate Guangzhou is cancelling immigrant visa appointments the week of February 10.” 
Continue Reading Update on Cancellation of Visa Appointments at U.S. Embassy and Consulates in China, and USCIS Response to the Coronavirus

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.


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

As many of our readers are aware, the novel coronavirus1 outbreak in China is a major public health concern. At the time of publishing this blog post, the U.S. has not restricted travel for visitors who may be coming from Wuhan, Hubei Province, China, the now-quarantined city that is the epicenter of the coronavirus outbreak. However, travelers originating in China may face certain issues upon arrival to the U.S. if coming from virus-stricken areas.
Continue Reading Immigration Issues for Chinese Travelers to the United States During the Coronavirus Outbreak