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Tag Archives: DHS

Posted in Department of Homeland Security, Department of State, Immigrant Visa, President Trump's Administration, USCIS, Visa

On Oct. 8, 2017, the White House released the promised Immigration Principles & Policies (Principles & Policies) which outline the Trump Administration’s position on immigration. This document is broken into three parts: 1) Border Security, 2) Interior Enforcement, and 3) Merit-Based Immigration. A summary of each part is broken down below.

Posted in DACA, Department of Homeland Security, Immigration, Immigration Law, Legislation, President Trump's Administration, USCIS

On Sept. 5, 2017, Attorney General (AG) Jeff Sessions announced that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA).  DACA is a mode of temporary relief given to children (now college-aged or older) who entered the United States without inspection with their parents and allowed them to apply for temporary work… Continue Reading

Posted in Department of Homeland Security, USCIS

The Department of Homeland Security announced on Aug. 28, 2017 that beginning on Oct. 1, USCIS will begin requiring in-person interviews at local district offices for adjustment of status applications based on employment, as well as certain refugee/asylee relative petitions. In the past, USCIS did not require an in-person interview adjustment of status applications based… Continue Reading

Posted in Department of Homeland Security, Executive Order, Uncategorized

On July 11, 2017 the Department of Homeland Security (DHS) announced that it is temporarily delaying the effective date of the International Entrepreneur Final Rule (the IE Final Rule). The effective date is delayed from July 17, 2017, to March 14, 2018, except for a minor provision which adds the Form FS-240, Consular Report of… Continue Reading

Posted in Department of Homeland Security, Travel

The Department of Homeland Security (DHS) released FAQs for those affected by the recently reinstated travel ban. Earlier last week, the Department of State released their own set of FAQs regarding implementation of the travel ban during visa processing. DHS will be responsible for admitting persons entering the United States and the FAQs on its… Continue Reading

Posted in Executive Order, President Trump's Administration, Travel

As previously reported, the Supreme Court of the United States lifted the injunctions that were granted by the Fourth and Ninth Circuits after President Trump issued his second Executive Order mandating a temporary travel ban. This means that the second Executive Order (EO) is now in effect as of June 29. The injunctions for the… Continue Reading

Posted in EB-5, EB-5 Program, I-526, Immigrant Investor, USCIS, Visa

USCIS recently announced the release of a new edition of Form I-526, with the new edition dated 04/10/2017. Starting on June 9, 2017, USCIS will only accept the 04/10/2017 edition.  Until then, investors can use the 12/23/2016 edition. Both editions of Form I-526 are available to download at no cost on the USCIS website. Investors… Continue Reading

Posted in Department of Homeland Security, Immigrant Visa, Immigration, Visa

On Jan. 25, 2017, President Donald J. Trump signed two Executive Orders impacting U.S. immigration which are summarized below. Executive Order: Border Security and Immigration Enforcement Improvements This Order addresses the recent surge of immigration by foreign nationals without proper documentation at the United States’ southern border with Mexico. The Order directs the government’s “executive… Continue Reading

Posted in Department of Homeland Security, Immigration

On Jan. 17, 2017, the Department of Homeland Security (DHS) published its final rule to implement discretionary parole authority to increase, promote, and encourage entrepreneurship, innovation, and job creation in the United States. This final rule will add new regulatory provisions that will allow DHS to grant parole in certain circumstances and by discretion to… Continue Reading

Posted in Department of Homeland Security, EB-5, TEA

The Department of Homeland Security (DHS) has issued a notice of proposed rulemaking to be published on January 13, 2017 to amend the regulations in relation to the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers.  The purpose of the proposed amendments is to modernize the EB-5 program.  DHS will accept comments… Continue Reading

Posted in Department of Homeland Security, EB-5, EB-5 Program, USCIS

On Jan. 9, the Office of Management and Budget (OMB) published a notice that, as of Jan. 6, it had completed its review a proposed rulemaking that the Department of Homeland Security (DHS) United States Citizenship and Immigration Services (USCIS) had drafted to make changes to the current regulations as they relate to the EB-5… Continue Reading

Posted in Department of Homeland Security, EB-5, EB-5 Program, USCIS

On Dec. 20, 2016, the Department of Homeland Security (DHS) United States Citizenship and Immigration Services (USCIS) requested that the Office of Management and Budget (OMB) review a proposed rule making that would make changes to the current regulations as it relates to the EB-5 Immigrant Investor Program.  The title of this rule is “Improvement… Continue Reading

Posted in Department of Homeland Security, EB-5, EB-5 Program, Eb-5 Regional Center, I-526, I-829, I-924, Posts in Chinese

在今年5月4日,美国国土安全部在联邦公报(Federal Register)上公布了拟定的新收费提案,征求公众意见。请查看我们之前的博客。该拟定的新收费提案于今年10月24日作为最终案通过,并将在本月(12月)晚些时候正式生效。 从今年12月23日起,递交给美国移民局的多项移民申请,非移民申请,身份调整申请和入籍申请的费用都会上涨。一些常见申请费上调项目请参见下表: 移民局的申请费用将平均上涨21%。然而,从上表可以看出,EB-5类别相关的申请费用上调最高,I-526和I-924的升幅都超过100%,并且推出了新的3,035美元的I-924A表格的申请费用。 EB-5区域中心需要每年提交一份I-924A表格(今年,2016年12月29日),或根据要求证明其继续资格指定,以前没有与此申报相关的费用。 美国移民局自2010年11月以来没有调整过申请费用表。由于移民局的运转的资金完全来源于申请费用,移民局强调费用上调是必要的,以用来支付日益增加的财政开支和人力成本,包括案件审核,欺诈检测,国家安全和客户服务相关的成本。我们希望,随着这些改进也将加快移民局的案件审理时间。 我们建议申请人提前将所有即将提交的文件提交给美国移民局;所有申请必须在2016年12月21日之前寄出,因为2016年12月22日是USCIS接受当前申请费的最后日期。自2016年12月23日起,移民局将拒绝那些没有提供上调后的申请费的申请。

Posted in Department of Homeland Security, EB-5, EB-5 Program, Eb-5 Regional Center, I-526, I-829, I-924, Immigration, USCIS

On May 4, 2016, the Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register inviting public comment on a proposed increase in the U.S. Citizenship and Immigration Services (USCIS) Fee Schedule, which we previously wrote about. This proposed rule was subsequently adopted as final on Oct. 24, 2016, and… Continue Reading

Posted in Department of Homeland Security, EB-5

The Department of Homeland Security (DHS) released the Fall Unified Agenda, updating the Improvement of the Employment Creation Immigrant Regulations.  DHS has now moved the stage of rulemaking from “long-term actions” to “proposed rule stage.”  This new release also changes the date of the Notice of Proposed Rulemaking (NPRM) from “to be determined” to January… Continue Reading

Posted in Immigrant Visa, Immigration, USCIS, Visa

26 августа 2016 года Иммиграционная Служба США опубликовала сообщение о проекте Закона об Иностранных Предпринимателях, и запросила комментарии общей публики и заинтересованых лиц.. В соответствии с сообщением Иммиграционной Службы США (USCIS), предлагаемый проект закона позволит Департаменту Внутренней Безопасности (DHS) по усмотрению выдавать официальные разрешения на въезд иностранным предпринимателям для осуществления развития вновь-созданных бизнесов в США,… Continue Reading

Posted in China, Immigrant Visa, Immigration, USCIS, Visa

2016年8月26日,美国移民局发布消息称将推出一项针对国际企业家的政策,并提供了一个拟定的方案供公众审阅。 根据移民局公告,该新规则将授予国土安全部独立裁量权,针对每个个案情况向那些在美国新设企业并亲自管理企业为公共利益做出重大贡献的外国企业家发放入境许可。移民局提议 修改其之前根据移民国籍法INA212章节(d)(5)款所制定的行政规章,意图为行政裁量权的行驶以及初创企业家入境许可个案申请的审核提供一个“透明的架构”。 想依据此新规则获得入境许可的移民企业家被要求: *至少持有新设企业15%的股份且积极地参与企业管理 *在之前三年的时间内在美国创立该企业 该企业家还必须证明他或她的企业在就业创造以及业绩增长方面的潜力: *企业获得了至少$345,000来自合格的美国投资者的投资,该投资者要有投资成功的先例; *获得来自联邦、州、或本地政府的奖励或者拨款 对于只满足上述部分条件的企业家,新规则也留有一定的灵活度,允许企业家补充证明其初创企业能够快速发展和就业创造的潜力 在新规则下,合格的企业家可以获得有效期为两年的入境许可,并可以在初创企业获得成功的基础上申请延期 该新规则一旦实施,将会给那些正在饱受移民排期困扰并且不具备E-1、E-2签证资格国家的移民申请人带来希望,比如中国大陆和越南。对新规则的进一步分析也将可能为正在等待签证排期的EB-5投资人带来新的机会。 在Federal Register 公布新规则之后,公众有45天的时间给出自己的反馈意见 在我们全面审核分析新规则内容的过程中,我们也将会进一步地阐明这到底可以为当前的移民申请人带来怎样不同的机遇。

Posted in Department of Homeland Security, EB-5 Investment, Immigrant Investor, USCIS, Visa

On Aug. 26, 2016, U.S. Citizenship and Immigration Services (USCIS) announced a notice of proposed rulemaking for an International Entrepreneur Rule, and provided an advance version of the proposed rule for public review. According to an announcement from USCIS, the proposed rule will allow the Department of Homeland Security (DHS) to exercise discretion, on a… Continue Reading

Posted in Department of Homeland Security, I-526

On July 11, the Department of Homeland Security (“DHS”) issued a notice of proposed revision of a currently approved collection of information as it relates to Form I-526.  Comments will be accepted for 60 days, until September 9, 2016.  In particular, written comments and suggestions should address the following points: Evaluate whether the information collected… Continue Reading

Posted in Department of Homeland Security, EB-5 Program, Immigration, USCIS

Per the Immigration and Nationality Act (INA) § 286(m), 8 U.S.C. 1356(m), the Department of Homeland Security (DHS) has the authority to charge fees for immigration adjudication and naturalization services at a level to “ensure recover of the full costs of providing all such services, including the costs of similar services provided without charge to… Continue Reading

Posted in Immigration Reform, Visa

Last week, the House Judiciary Committee considered H.R.5203, the Visa Integrity and Security Act of 2016, which was introduced May 12, 2016, by Representative Randy Forbes of Virginia. The bill’s purpose, as reported last week in a section-by-section breakdown is to enhance security procedures for the processing of both immigrant and nonimmigrant visas. The bill… Continue Reading

Posted in Department of Homeland Security, Immigrant Visa, Immigration, Legislation, Visa

Today, the House Judiciary Committee will consider H.R.5203, the Visa Integrity and Security Act of 2016.  The bill is authored by Representative Randy Forbes of Virginia. The bill’s purpose is to enhance security procedures for the processing of both immigrant and nonimmigrant visas.  We provide a sectional summary of the bill below. Section 2 of… Continue Reading

Posted in Department of Homeland Security, E-Visa, E-visa Process, U.S. Customs and Border Protection (CBP), Visa, Visa Waiver Program

On May 9, 2016, the Department of Homeland Security (DHS) Customs and Border Protection (CBP) released a statement clarifying that as part of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, those individuals utilizing the Visa Waiver Program (VWP) with an Electronic System for Travel Authorization (ESTA) to travel to the United… Continue Reading

Posted in EB-5 Investment, EB-5 Job Creation, EB-5 Program

Created by Congress in 1990, the EB-5 Immigrant Investor Program was designed to stimulate the U.S. economy through job creation and capital investment by foreign investors. Since its inception, the Program has impacted thousands of foreign nationals and, in its current form, is extended through Sept. 30, 2016. Though we have previously addressed the many… Continue Reading