On Aug. 12, 2020, the Second Circuit Court of Appeals limited a nationwide injunction issued earlier by a lower court in Make the Road New York, et al. v. Cuccinelli, et al., where the U.S. District Court for the Southern District of New York (SDNY) issued a nation-wide injunction preventing the Department of Homeland Security (DHS) from continuing to require compliance with the public charge rule.
Continue Reading Court Limits Use of Form I-944
As part of USCIS’ updated Redeployment guidance released July 24, USCIS released a Q&A. The Q&A confirms the guidance from July 24, including the more questionable aspects of
Continue Reading USCIS Releases FAQ on Redeployment Guidance Updates
On July 24, 2020, USCIS issued a Policy Alert titled “Clarifying Guidance for Deployment of Capital in Employment-Based Fifth Preference (EB-5) Category.” The Policy Alert outlines those changes that USCIS
Continue Reading USCIS Issues New Redeployment Guidance
On July 21, 2020, the U.S. Citizenship and Immigration Services (USCIS) Ombudsman’s Office published an alert regarding card production delays. According to the alert, in June 2020, USCIS reduced the capacity to print secure documents, including Lawful Permanent Resident (LPR) Cards and Employment Authorization Documents (EAD), after it ended a contract with a third-party card production facility. While USCIS intended to hire federal employees to replace the contractors, the current hiring freeze at USCIS has delayed production of the cards. As such, USCIS has not been producing the permanent resident cards and EAD cards in a timely manner, so some foreign nationals have been delayed in receiving these secure documents.
Continue Reading USCIS Card Production Delays & Obtaining I-551 Stamps as Temporary Proof of Status
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
Continue Reading USCIS Announces Significant Change to EB-5 Adjudications Processing
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
Continue Reading Important Update on Visa Rescheduling Due to the Coronavirus
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 the holidays. There is an ongoing effort to include new EB-5 legislation in a legislative vehicle in December.
New EB-5 regulations published on July 24, 2019, as final will take effect Nov. 21, 2019. There is no additional phase-in for these regulatory changes. Some of the key changes listed below will immediately impact the EB-5 program:
Continue Reading EB-5 Update – New Regulations to Take Effect and Regional Center Program to be Extended Through Dec. 20, 2019
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
Continue Reading Washington EB-5 Update
In a recent Law360 article, Jennifer Hermansky, shareholder in Greenberg Traurig’s Philadelphia office, provides insight on how attorneys can prepare clients for unannounced site visits and questions from the government
Continue Reading Greenberg Traurig’s Jennifer Hermansky Featured in Law360 Article on Rising EB-5 Compliance Checks
As previously blogged (see EB-5 Regulations Published for Public Inspection), the EB-5 regulations have been published as of July 24, 2019, as final, to take effect Nov. 21,
Continue Reading EB-5 Regulations Summary