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 Applicants
The U.S. Department of State (DOS) plans to test a program that would permit H- and L-visa holders to renew their visa stamps from within the United States, rather than
Continue Reading U.S. Department of State to Pilot Domestic Visa Renewal Option in 2023
The U.S. Department of State (DOS) has published the December 2022 bulletin which reflects an increased demand across multiple categories. As warned in last month’s bulletin, the December bulletin implements
Continue Reading December 2022 Visa Bulletin – Worldwide Cut-Offs for EB-2 Category
The State Department updated its Foreign Affairs Manual on intent to depart and residence abroad requirements for F-1 and M-1 students. The new guidance clarifies that although F-1 and M-1
Continue Reading State Department Updates Guidance on F-1/M-1 Student Intent to Depart and Residence Abroad Requirements
In response to the ongoing COVID-19-related circumstances that have significantly hampered visa processing, the State Department has announced that it will expand and extend the nonimmigrant visa interview waiver program
Continue Reading State Department Expands Interview Waiver Program for Certain Nonimmigrant Visa Applicants Through End of 2022
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 you may have read, many media outlets and other sources are reporting that the Trump Administration plans to issue an additional Proclamation or Executive Order (EO) in the coming
Continue Reading Possible Presidential Proclamation to Limit Entry of Foreign National Workers into the U.S. and additional regulatory measures on the Horizon
The White House has published three Coronavirus Disease 2019 (COVID-19)-related proclamations relating to travel to the United States:
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
On Aug. 23, 2019, our firm wrote about the U.S. Department of State’s (DOS) announcement that the validity period of E-1 and E-2 visas for French Nationals would be reduced from 60 months to 15 months effective Aug 29, 2019. The effective date has now been postponed to Sept. 26, 2019.
The general rule is that different types of U.S. visas have different visa validity periods depending on the nationality of the visa applicant because the Immigration and Nationality Act requires the DOS to set country-specific visa policies on a reciprocal basis. The validity periods are based on each country’s treatment of similar classes of U.S. visitors to its territory. In other words, if a country imposes restrictive visa requirements on U.S. citizens, the U.S. reciprocates with more restrictive requirements on that country’s citizens.
Continue Reading Update: U.S. to Reduce E-Visa Validity for French Nationals Effective Sept. 26, 2019