USCIS Recalls Misprinted Green Cards
Washington, D.C. – May 18, 2018: U.S. Citizenship and Immigration Services (“USCIS”) has recalled of over 8,000 Lawful Permanent Resident Card documents (“Green Cards”), according to a May 14 announcement. The recall occurred because of the discovery of a printing error that affected the “Resident Since” date shown on these cards. The USCIS confirmed that […]
USCIS Bars Tenant Occupancy in EB-5 Petitions
Washington, D.C. – May 16, 2018: USCIS revised its policy guidance on immigrant investor (EB-5) cases involving tenant occupancy. Until now, the USCIS Policy Manual allowed for tenant-occupancy methodologies used by some petitioners to show their capital created, or will create, 10 indirect jobs. As of May 15, 2018, USCIS is barring tenant-occupancy methodology. USCIS […]
USCIS Confirms Adjustment of Status Interview Required for All Employment-Based Immigrants
Washington, D.C. – May 16, 2018: USCIS updated its guidance regarding adjustment of status interview guidelines. USCIS confirms that waivers can be requested for interviews of employment-based adjustment of status applicants. USCIS however alerts applicants that an interview for adjustment of status will not be waived for employment-based or fiance(e) adjustment of status applicants. Waivers […]
White House Ends Temporary Protected Status for Hondurans and Salvadorans – What Other Opportunities Exist?
Washington, D.C., May 7, 2018: Over the past 12 months, the White House announced the end of Temporary Protected Status (“TPS”) for citizens of El Salvador, Honduras, Haiti and Nepal. TPS was originally granted to citizens of each of those countries because of humanitarian crises in each country. For example, citizens of El Salvador (2001), […]
Third-party Worksite Scrutiny Extends to STEM OPT Employment
Washington, D.C. – May 7, 2018: As foreign students on F-1 status head towards graduation season and the hopeful start of their Optional Practical Training (“OPT”), employers and trainees should be wary of third-party placements. According to the U.S. Citizenship and Immigration Services (“USCIS”) guidance webpage, third-party placements of OPT trainees in the Science, Technology, […]
USCIS Formalizes Documentation Renewal Process for Conditional Residents Awaiting I-829 Adjudication
Washington, D.C. – May 3, 2018: The U.S. Citizenship and Immigration Services (“USCIS”) on May 2 announced an update to its Policy Manual, clarifying the rules for EB-5 Alien Entrepreneurs who have already received their Conditional Lawful Permanent Resident status (“Green Cards”) and who are awaiting I-829 adjudication to remove their conditions. When an EB-5 […]
Court Rules “Sanctuary Cities” Entitled to Public Safety Grants
Washington, D.C. – April 22, 2018: In the latest court decision between the White House and “sanctuary cities”, the Court of Appeals of the Seventh Circuit has decided that the federal executive branch may not withhold public safety grants from cities purely for their refusal to cooperate with immigration enforcement. The three-judge panel determined that […]
USCIS Enforces Chance of Profit in EB-5 Investments
Washington, D.C. – April 20, 2018: Not only do EB-5 investments need to show a risk of loss under U.S. Citizenship and Immigration Services (“USCIS”) rules, but they also need a chance for gain. Although early EB-5 court cases focused on cases where the investment was not at-risk because the deal structure essentially eliminated the […]
EB-5 Regional Center Visas to Resume Availability in May, as USCIS Improves Processing Times
Washington, D.C. – April 2, 2018: The recent enactment on March 23, 2018 of the Consolidated Appropriations Act of 2018 once again extended the EB-5 Regional Center program without material changes. The omnibus spending bill, which lasts until September 30, 2018, has created another window for the EB-5 Regional Center category and other immigration programs. […]
DOS Proposes Demand for Five Years of Social Media and Communications History
Washington, D.C. – April 9, 2018: EB-5 investors and other immigrant applicants may soon find themselves providing the U.S. immigration authorities with detailed histories of their online social media accounts, according to a rule proposed by the U.S. Department of State (“DOS”) to update its electronic Form DS-260 for immigrant visa application. In late March, […]