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 U.S. Embassy in Beijing and Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang are all suspended. The notice further states that the U.S. Embassy and Consulates in … Continue Reading
On Jan. 31, 2020, President Trump issued a Proclamation, effective Feb. 21, 2020, imposing even more limitations on visa issuance and travel to the United States for additional countries entitled “Proclamation on Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry.” This Proclamation follows his first travel ban from March 2017 where the Secretary … Continue Reading
The Trump Administration has publicly announced that on 5 p.m. eastern time Sunday, February 2, 2020, it will deny entry to all foreign nationals who have been in China within the last 14 days (since January 19, 2020). This ban does not apply to the following individuals: (1) Lawful permanent residents (Green Card holders); (2) … Continue Reading
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 … Continue Reading
Due to the coronavirus outbreak throughout China, a number of heavily infected Chinese cities, including Wuhan, are under quarantine, whereas many other parts of China have imposed certain types of travel restrictions in an attempt to limit the spread of the virus. On Jan. 28, 2020, the U.S. Consulate General of Hong Kong & Macau … Continue Reading
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 … Continue Reading
The United States Citizenship and Immigration Service (USCIS) processing times for Employment Authorization Document (EAD) applications continue to increase despite already being at record highs. EADs are relied upon by many categories of foreign nationals to allow them to work lawfully in the United States. The processing times vary by USCIS Service Center, in addition … Continue Reading
A number of changes to U.S. immigration law occurred in 2019. As we look ahead into the new year, we continue to see new and proposed changes to U.S. immigration policy. This webinar will discuss significant developments from 2019 as well as a summary of potential changes to the U.S. business immigration system in 2020. Wednesday, January … Continue Reading
On Jan. 9, 2020, USCIS posted a Notice in the Federal Register announcing the implementation of the H-1B registration process for H-1B cap-subject petitions. USCIS notes: The initial H-1B petition registration period will begin on March 1, 2020. Starting on that date, USCIS will require H-1B cap-subject petitioners, including those eligible for the advanced degree … Continue Reading
On Dec. 20, 2019, President Trump signed H.R. 1865, an eight-bill appropriations bill that extends the vital EB-5 program until Sept. 30, 2020, among other things. The president also signed H.R. 1158, a four-bill appropriations package that deals mainly with national security issues. Upon his signature, these actions fund and maintain the operation of government … Continue Reading
On Dec. 16, Congressional leaders negotiated and debuted a $1.37 trillion spending package to fund the operational needs of the country and extend vital programs such as EB-5. The massive spending package is in two packages with Division 1-Extensions, Title 1, Immigration Extensions calling for the EB-5 extension: 17 SEC. 104. Section 610(b) of the … Continue Reading
The U.S. Citizenship and Immigration Service (USCIS), after publishing the final rule for a new H-1B lottery process in January 2019 has announced that the testing period is now over for the registration process in relation to the H-1B lottery and implementation will go into effect for the fiscal year 2021 H-1B cap. See the USCIS … Continue Reading
The Department of State (DOS) has implemented revised visa stamp reciprocity for L-1, L-2 and E-1/ E-2 visa holders. Now, the maximum validity date of an L-1 or L-2 visa of a French national will be seventeen (17) months. The previous validity period was five (5) years. The new validity period for E-1 and E-2 … Continue Reading
The EB-5 Regional Center Program was set to expire on Nov. 21, 2019. On Nov. 18, Congress introduced a Continuing Resolution (CR) to fund the government and extend vital programs such as EB-5 through Dec. 20, 2019. Leaders hope to use the additional time to extend current operations and complete fiscal matters and other priorities before … Continue Reading
As a reminder to our readers, the Obama-era EB-5 Regional Center regulations – see July post for details – go into effect Nov. 21, 2019. USCIS has published a webpage resource to help explain the implementation of the upcoming regulations here. This is a period of significant change and activity on the EB-5 program. Clients are … Continue Reading
On Nov. 18, Congressional Appropriation leadership introduced a 26-page Continuing Resolution (CR) to fund government and extend vital programs such as EB-5 through Dec. 20, 2019. Leaders hope to use the additional time to extend current operations and complete fiscal matters and other priorities before the holidays. In addition to the extension of time, the CR allows … Continue Reading
Nearly 96% of the USCIS budget derives from fees. In our coverage of Congress, appropriations, continuing resolutions, and government shutdowns, we are reminded that USCIS is a fee-driven agency, as it does not depend on appropriations for its operations and, for example, remains open during government shutdowns over appropriations. We wrote last week about a … Continue Reading
U.S. Citizenship and Immigration Services announced it will require a $10 non-refundable fee for each H-1B registration, once it implements the electronic registration system. The final rule, Registration Fee Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens, will be effective Dec. 9, 2019. Upon implementation of the electronic registration system, … Continue Reading
As reported previously, President Trump announced that his administration has nominated Poland as a Visa Waiver Program (VWP) participating country. Today, Acting Secretary of Homeland Security Kevin McAleenan formally announced the designation of Poland into the Visa Waiver Program (VWP) . On Nov. 11, 2019, Polish citizens and nationals will have the ability to apply for … Continue Reading
Today, Senators Graham (R-SC), Rounds (R-SD) and Cornyn (R-TX) introduced the “Immigrant Investor Program Relief Act” (S. 2778, the Act) proposing long overdue improvements to modernize the EB-5 program in alignment with industry and market principles. The Act reflects a fair compromise between rural and urban stakeholders providing substantial market advantages to rural and urban … Continue Reading
On Oct. 30, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it is increasing the fee to request premium processing for certain employment-based petitions. Beginning on Nov. 29, 2019, The premium processing fee will increase to $1,440 from the current fee of $1,410 for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien … Continue Reading
On Oct. 17 a fiery debate occurred on the U.S. Senate floor. Two great supporters of immigrants and immigration reform, Senators Dick Durbin (D-IL, Minority Floor Leader) and Mike Lee (R-UT, Chairman, Senate Judiciary Subcommittee on Antitrust) battled to a draw on an issue they both support – eliminating the per-country caps on employment-based immigration. … Continue Reading
E-Verify released a reminder on Sept. 27, 2019, that certain employment authorization documents (EADs) issued by United States Citizenship and Immigration Services (USCIS) to Temporary Protected Status (TPS) beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador are automatically extended through Jan. 2, 2020. We reported the Department of Homeland Security’s (DHS) notice of their action … Continue Reading
Today, President Trump announced that his administration has nominated Poland as a Visa Waiver Program (VWP) participating country. Entry into the U.S. Visa Waiver Program allows citizens of participating countries to travel to the United States for tourism, business, or in transit for up to 90 days without having to obtain a visa. President Trump … Continue Reading
