New O-1 Visa Guidance for STEM Fields
Washington, D.C., July 22, 2022: U.S. Citizenship and Immigration Services today updated its Policy Manual to provide further guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a focus on science, technology, engineering, and mathematics (STEM) fields. USCIS clarified that being named on a competitive […]
Introduction to Mandamus in EB-5 Cases
2022 Under U.S. law, an individual is allowed to file a lawsuit in federal court to require the U.S. Government to take some action. This lawsuit derives from English Common Law, and is called the “Writ of Mandamus”. At its core, it is complaint by individuals who believe that government delay or inaction is causing […]
Express Entry FSW and CEC Draws are Back
On April 22, 2022, we had reported that the Express Entry draws will soon resume and that invitations for candidates to apply for permanent residence will begin in early July. When Express Entry draws for (Federal Skilled Worker) FSW and (Canadian Experience Class) CEC restart in July, 2022, the Comprehensive Ranking System (CRS) score cut-off […]
DOL Issues New PERM Appendix A with Professional Occupations
Washington, D.C., June 30 2022: The US Department of Labor (DOL) issued today an updated Appendix A to the 2004 PERM Regulation for Foreign Labor Certifications. The 2004 PERM Regulation created the electronic labor certification system. A US employer seeking to sponsor certain EB2 and all EB3 foreign workers for lawful permanent residence (i.e., a […]
Federal Court Blocks USCIS Re-Designation Policy for EB-5 Regional Centers
Washington, D.C., June 27, 2022: On June 24, 2022, the federal court for the Northern District of California issued a Preliminary Injunction blocking USCIS from requiring new I-956 re-designation applications from EB-5 Regional Centers designated prior to the effective date of the EB-5 Reform and Integrity Act of 2022 (“RIA”). Why Was Court’s Decision Issued? […]
Biggest Change to Canada Express Entry Program
Canada’s Express Entry program is being amended to allow occupation-based invitations. As per the current system, candidates are ranked on the basis of points under the Comprehensive Ranking System score (CRS). The CRS takes into account your work experience in a skilled occupation, study experience, official language ability, age, and other economic factors. The more […]
Court Warns USCIS About EB-5 Policy
San Francisco, June 3, 2022: News from the Behring Regional Center lawsuit from the federal court in San Francisco appears to indicate that USCIS will lose its efforts to require EB-5 regional centers existing prior to March 15, 2022 to apply to USCIS for re-certification or lose their operating licenses. Behring Regional Center is challenging […]
USCIS Releases Form for Business Plan Approval
Washington, D.C., June 3, 2022: Today USCIS released two critical new forms for the renewed EB-5 Regional Center visa program. The first is the business plan approval form. Under the new rules of the EB-5 Regional Center program, every approved regional center must file an application to USCIS for a business plan approval prior to […]
Another Lawsuit Against USCIS Regional Center Policy
Washington, D.C. – IIUSA, the national trade association of the EB-5 Regional Center industry, along with five of its EB-5 Regional Center members collectively filed a lawsuit yesterday in the District Court of the District of Columbia against U.S. Citizenship and Immigration Services (USCIS) (Civ. No. 1:22-cv-1455). The five regional centers – CanAm Enterprises, Civitas […]
USCIS Starts Premium Processing for Pending EB-1C and EB-2 NIW
Washington, D.C., May 24, 2022: U.S. Citizenship and Immigration Services (“USCIS”) is implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. USCIS premium processing service provides a response to a petition in 15 calendar days. This expansion of premium processing only […]