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Category Archives: President Trump’s Administration

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By Robert Y. Maples˘ and on Posted in Department of Homeland Security, President Trump's Administration, Visa Waiver Program

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

By Robert Y. Maples˘ on Posted in Continuing Resolution (CR), EB-5, Legislation, President Trump's Administration

Today, the U.S. Senate approved the House-passed Continuing Resolution (CR; H.R. 4378 ) to fund the U.S. government through Nov. 21 by a bipartisan vote of 82-15. The last step in the process is the president’s signature which, according to media reports, remains likely. Please contact your GT attorney with any specific questions and check back… Continue Reading

By Robert Y. Maples˘ on Posted in Department of Homeland Security, EB-5, EB-5 Business Plan, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Job Creation, EB-5 Legislation, EB-5 Program, Immigration Law, OMB, President Trump's Administration

Today, OMB posted that they have concluded their review of the Obama-era EB-5 regulations. On Jan. 13, 2017, the Department of Homeland Security published a notice of proposed rulemaking to significantly raise minimum investment levels and other programmatic changes to the EB-5 program (see related GT EB-5 Insights post here). It is unclear what specific actions… Continue Reading

By Robert Y. Maples˘ on Posted in Department of Homeland Security, Immigration, President Trump's Administration, USCIS

Former Virginia Attorney General Ken Cuccinelli has been appointed acting director of USCIS, replacing Acting Director Koumans. Director Koumans replaced Director Cissna on June 3 as acting director. Below is the USCIS release: WASHINGTON— Department of Homeland Security Acting Secretary Kevin McAleenan today announced that Kenneth T. (Ken) Cuccinelli will serve as the new acting director of… Continue Reading

By Robert Y. Maples˘ on Posted in Government Accountability Office (GAO), President Trump's Administration, Uncategorized, USCIS, Visa

On May 31, the Congressional Hispanic Caucus announced, “Following CHC Request, GAO Agrees to Open Investigation into Record-Breaking Immigration Case Backlog at USCIS,” in which Chairman Castro stated the following: My colleagues in the Hispanic Caucus and I look forward to reviewing GAO’s findings. We must ensure that USCIS is meeting its Congressional mandate and… Continue Reading

By Robert Y. Maples˘ on Posted in E-Verify, EB-5, EB-5 Program, Government Shutdown, President Trump's Administration

Congress approved the Omnibus Appropriations legislation on Feb. 14, 2019.  On Feb. 15, the president signed the legislation into law and announced additional executive actions to further address needs the Administration has identified at the southern border. Now, all 12 Appropriations bills for this fiscal year are complete and extended through Sept. 30, 2019, and… Continue Reading

By Robert Y. Maples˘ on Posted in Department of Homeland Security, EB-5, Government Shutdown, Legislation, President Trump's Administration, shutdown, Uncategorized

After 35 days of closure, with multiple House bills debated and passed, and Senate bills debated, President Trump called a press conference the afternoon of Jan. 25 relating to ending the government shutdown. Standing in the Rose Garden, the president announced a deal to reopen the government for three weeks and provide for ongoing fiscal negotiations:… Continue Reading

By Greenberg Traurig on Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, I-829, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, Immigration Reform, President Trump's Administration, USCIS, Visa

This is the fifth post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for permanent residence and I-829 Petition approval. This blog focuses on accepting certain public benefits that may make an investor and/or his or her dependents a “public charge.” The Trump Administration has stated that USCIS will start… Continue Reading

By Jennifer Hermansky on Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, Immigration Reform, President Trump's Administration, Tax Considerations, Visa

This is the fourth post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for permanent residence and I-829 Petition approval. This blog focuses on criminal issues and tax issues. President Trump’s Executive Order, along with a Department of Homeland Security (DHS) implementation memorandum, prioritizes removable aliens who: Have been convicted… Continue Reading

By Jennifer Hermansky on Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, EB-5 Program, Immigrant Investor, Immigration, Immigration Law, Immigration Reform, President Trump's Administration, U.S. Customs and Border Protections, USCIS

As we previously reported, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum entitled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens”[1] on June 28, 2018.  This Policy Memorandum was issued in response to President Trump’s Executive Order (EO), “Enhancing Public… Continue Reading

By Jennifer Hermansky on Posted in EB-5, EB-5 Immigrant Investor Program, I-526, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, President Trump's Administration, USCIS

EB-5 investors should maintain their eligibility for conditional permanent resident status, especially during any period of visa backlog occurring in between the time of I-526 Petition approval and when the investor’s priority date becomes current. This is the second post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for… Continue Reading

By Jennifer Hermansky on Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Program, Executive Order, Green Cards, Immigrant Visa, Immigration, Immigration Law, President Trump's Administration, USCIS

As we previously reported, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum entitled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens” on June 28, 2018. This Policy Memorandum was issued in response to President Trump’s Executive Order (EO), “Enhancing Public Safety… Continue Reading

By Kristen W. Ng on Posted in President Trump's Administration, Travel

The U.S. Supreme Court, on June 26, 2018, upheld President Trump’s Proclamation on the Travel Ban in Trump v. Hawaii. As previously blogged, the Proclamation was issued by President Trump on Sept. 24, 2018. It was then blocked by the District Court, after which the Ninth Circuit partially stayed, and on Dec. 4, 2017, the… Continue Reading

By Laura Foote Reiff, , and on Posted in Continuing Resolution (CR), President Trump's Administration

After extended debate, the U.S. Senate set-aside the House-passed Continuing Resolution (CR) and negotiated and passed a CR funding government and programs, including EB-5, until March 23, coupled with a sweeping 2-year budget agreement for FY 18 and FY 19.  The extended debate exceeded the previous CR time extension of midnight Feb. 8, which resulted… Continue Reading

By Robert Y. Maples˘ and on Posted in Conrad 30 Waiver Program, Continuing Resolution (CR), E-Verify, EB-5 Program, President Trump's Administration

On Monday evening, President Trump signed the Continuing Resolution (CR) into law ending the three-day, 69-hour government shutdown. In addition to funding the government and other policy-related matters, the CR extends EB-5, E-Verify, Conrad 30, and the Religious Workers immigration programs until Feb. 8. Immigration issues will likely occupy most of the Congressional agenda during… Continue Reading

By Greenberg Traurig on Posted in Immigration, President Trump's Administration

Greenberg Traurig Laura Reiff, Co-Chair Business Immigration and Compliance, was recently quoted in the Bloomberg Law article, “Immigration Attorneys on Their toes in the Age of Trump.” The article discusses developments in immigration in 2017 and how attorneys are handling the new environment. Reiff expresses the importance of being proactive as immigration attorneys anticipate the… Continue Reading

By Greenberg Traurig on Posted in President Trump's Administration, Travel

Ian R. Macdonald and Kristen W. Ng were recently featured in an article on The LexBlog Network titled, “Third Time’s a Charm? Greenberg Traurig’s Team Breaks down Trump’s Latest Travel Ban.” In this Q&A, Macdonald and Ng explore the third version of the Trump Administration’s travel ban and what it means for employers and employees… Continue Reading

By Kristen W. Ng on Posted in President Trump's Administration, Travel

On Dec. 4, 2017, the Supreme Court issued an order allowing President Trump’s Proclamation on Travel Ban to go fully into effect. With certain exceptions, this ban places entry restriction on nationals of eight countries – Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. As previously reported, in September a U.S. District Judge… Continue Reading

By Greenberg Traurig on Posted in Events, President Trump's Administration, USCIS

Kate Kalmykov recently presented at the EB-5 Conference with the USCIS Investor Program Office (IPO) hosted by The Steven L. Newman Real Estate Institute – Baruch College.  Kalmykov’s panel addressed a hot topic for attendees on the EB-5 program, including redeployment of funds, visa backlogs, and the future of the EB-5 program under the Trump… Continue Reading

By Jennifer Blloshmi* on Posted in H-1B Cap, President Trump's Administration, USCIS, Visa

For over a decade, filing an extension of nonimmigrant status in visa categories such as the H-1B was a fairly routine process for cases involving the same employer and same underlying facts.  This changed yesterday. As part of the Trump Administration’s Buy American, Hire American: Putting American Workers First initiative, USCIS rescinded a long-standing policy… Continue Reading

By Kristen W. Ng on 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.

By Kristen W. Ng on Posted in GT Alert, President Trump's Administration, Travel

On Sept. 24, 2017, President Trump issued a Proclamation imposing new limitations on visa issuance and travel to the United States for nationals of eight countries entitled “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.”  These countries include: Chad, Iran, Libya, North… Continue Reading

By Robert Y. Maples˘ on Posted in EB-5, President Trump's Administration, Travel

As an update to our recent post late Friday evening, The president signed H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017, making  this important government continuance and public safety measure, incuding important Immigration programs, law. All government functions are continued until Dec. 8 under this law, including… Continue Reading

By Robert Y. Maples˘ on Posted in EB-5, President Trump's Administration

The president and congressional leaders reached an agreement earlier this week on a package of government continuance and public safety measures.  This package includes a Continuing Resolution, Debt Extension, Hurricane Harvey relief resources, and extension of the National Flood Insurance Program. The extension maintains and continues government funding and reauthorization until Dec. 8, 2017. The Senate… Continue Reading