In the matter of Huashan Zhang, et al. v. United States Citizenship and Immigration Service, et al. (United States District Court for the District of Columbia, Nov. 30, 2018), plaintiffs challenged the decisions of the United States Citizenship and Immigration Service (USCIS) to deny their EB-5 immigrant investor visa petitions based upon USCIS’ erroneous interpretation… Continue Reading
The Department of State (DOS) November 2018 Visa Bulletin shows movement in employment-based categories. The EB-1 category remained retrogressed for November 2018. Although it is likely that there will be some forward movement in December 2018 for EB-1 India, it will probably NOT return to “current” this calendar year. The EB-2 India category will likely move… Continue Reading
USCIS has proposed rules that could deny entry to non-immigrants seeking admission to the United States and adjustment of status to permanent residence to immigrants if they rely on public benefits for food, housing or medical care, and other forms of public assistance. The proposed rule – “Inadmissibility on Public Charge Grounds” – is published in… Continue Reading
This coming October, USCIS is allowing a number of foreign nationals to apply for adjustment of status earlier than they would otherwise be eligible. Specifically, USCIS has announced that it will allow individuals with immigrant petitions in employment-based categories to apply for adjustment of status based on the cutoff dates in the “Dates for Filing” Chart… Continue Reading
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
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
As an update to an earlier post, on Aug. 1, the president signed the Knowledgeable Innovators and Worthy Investors Act (KIWI Act) granting E-1 and E-2 status to certain New Zealand nationals under mutual considerations. This will permit citizens of New Zealand to apply for U.S. visas to carry on significant trade with the United States… Continue Reading
On Dec. 14, the Office of Management and Budget Office of Information and Regulatory Affairs (OMB) published the biennial Unified Agenda. A long-standing outgrowth of previous regulatory reform efforts, the Unified Agenda offers the public the “current thinking” of federal agencies on upcoming Agency regulatory priorities. Of importance to the immigration community, DHS USCIS posed… Continue Reading
The U.S. Mission in Turkey has resumed limited processing of nonimmigrant visas following the earlier suspension of nonimmigrant visa services in all U.S. diplomatic posts in Turkey back on Oct. 8, 2017. The U.S. Mission in Turkey will process nonimmigrant visas on a limited basis with a reduced number of appointments in both Ankara and… Continue Reading
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
The U.S. Embassy announced it was suspending all nonimmigrant visa services in all U.S. diplomatic posts in Turkey. Turkey responded within a few hours of the U.S. Embassy’s announcement by saying it would no longer issue visas to U.S. citizens, including the physical “sticker” visas at border posts as well as the online Turkish electronic… Continue Reading
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.
在2017年6月与7月间，国家签证中心（“NVC”）对大量之前已收到案件审核完毕确认信并在等待安排面试的移民签证案件发布了的新的通知。 值得您注意的是，从2016年10月起，NVC开始根据美国国务院颁布的签证排期表中的申请递件排期表（表B）的截止日，来发送缴费通知和启动移民签证的案件处理。但是这些最新的通知却向之前已经被NVC审理完毕的案子再次发出确认案件由美国移民局转移到了NVC，并要求申请人提交移民签证申请和支持文件的通知。 现在我们已经澄清这些通知是错误的，NVC目前正在更新收到这些错误通知的案件的信息。这些案件是指那些之前已经收到NVC确认案件审核完毕，并且优先日已经在表B截至日期前的案件。我们已经收到确认，在以上情况下收到的NVC错误的通知（告知案件刚被转移到NVC或者再次要求申请人递交申请文件）可以会被忽略。 在NVC审查每个案件的状态后，如果以前接受的任何文件需要重新提交，NVC将向代理人发送通知。除此之外，之前已经完成审核并等待移民签证面试的案件将按之前案件审核完成的日期为准重新返回等待面试的队列，并且NVC会给申请人及其律师/代理人发送新的通知信。 NVC将会在这些受到影响的案件恢复后提供确认，届时，NVC将能够更好地回答有关具体案件状态的详细问题。NVC预计该过程大约需要两周时间。 GT将继续更进，并提供关于NVC进展情况的更新。请订阅此博客以获取更新。
In June/July 2017, the National Visa Center (NVC) issued notices for a large number of the immigrant visa cases, which had been previously confirmed completed and awaiting interview scheduling by NVC. As a reminder, in October of 2016, NVC began issuing immigrant visa fee bills and processing cases when their priority date became current based on… Continue Reading
Kate Kalmykov participated in a press conference that discussed common issues facing nationals of China who apply for EB-5 visas. Specifically, she discussed how the current visa backlog may affect EB-5 visa applications moving forward and the legislative outlook for 2017.
Greenberg Traurig Shareholder Kate Kalmykov was recently quoted in The Jerusalem Post’s article, “Trumps Visa Policy May Harm Israeli Hi-Tech Innovators.” In the article, Kalmykov addresses Israeli hi-tech companies options for visas when looking to relocate employees to the United States. To read the full article, click here.
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
The heavily anticipated new Executive Order (EO), “Protecting the Nation from Foreign Terrorist Entry into the United States,” banning nationals from six countries from entering the United States, was signed by President Donald Trump on March 6, 2017 with an effective date 10 days following on March 16, 2017. This new EO revokes and replaces the… Continue Reading
Beginning Feb. 16, 2016, USCIS began reissuing receipt notices on Form I-797 to applicants who continue to have pending applications for renewed employment authorization (EAD applications) under certain categories that were originally filed between July 21, 2016 and Jan. 16, 2017. EAD applications that were filed during this window did not fall within the benefits of… Continue Reading
It has been reported that President Trump’s administration is likely preparing to effectuate additional changes affecting immigration issues. Specifically, in addition to the Executive Order executed on Jan. 27, 2017, the administration is reportedly working on additional Executive Orders, a released draft of which addresses the availability and use of advance parole, among other issues… Continue Reading
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
On Jan. 24, 2017, Senators Grassley (R-IA) and Feinstein (D-CA), the Chair and Ranking Committee members of the Senate Judiciary Committee introduced bill S. 232 to terminate the EB-5 Visa Program and to reallocate the employment creation visas to the other employment-based visa classifications. The bill would eliminate both the direct and regional center program… Continue Reading
Greenberg Traurig attorney, Nataliya Rymer, was recently cited in the Notice of Proposed Rulemaking (NPRM) seeking to amend the current EB-5 regulations, which was published in the Federal Register pursuant to the Administrative Procedure Act. Rymer’s article U.S. Department of State Announces EB-5 Visas for China Unavailable Until October 1, 2014, which appeared in the National… Continue Reading
In much anticipated news for both the United States and Israeli companies and entrepreneurs, Israeli nationals will soon become eligible for the E-2 Treaty Investor visas. The Israeli authorities have announced that the procedures and rules for the B-5 investor visa for U.S. citizens are expected to be released in March 2017. One of the vital… Continue Reading