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New USCIS Policy on Unlawful Presence Bar

By Jeff Khurgel |

On June 24, 2022 USCIS issued new policy guidance pertaining to the unlawful presence bar at Immigration and Nationality Act (INA) §212(a)(9)(B). The new USCIS guidance states that “a noncitizen who again seeks admission more than 3 or 10 years after the relevant departure or removal, is not inadmissible under INA §212(a)(9)(B) even if… Read More »

EB-5 Regional Center Program Authorization Expected Shortly

By Jeff Khurgel |

Congress is expected to pass its Omnibus legislation this week or early next week, and with it, the reauthorization of the EB-5 Regional Center Program. The U.S. House of Representatives is slated to vote on the legislation on Wednesday, March 9. If passed by the House, then the Senate will take up the legislation…. Read More »

EB-5 Litigation Update: Government Drops Appeal of Behring Regional Center LLC v. Mayorkas

By Jeff Khurgel |

On January 5, 2022, the Department of Justice (DOJ) filed on unopposed motion to dismiss DHS’ appeal of Behring Regional Center LLC v. Alejandro N. Mayorkas, et al. (formerly Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC). This is good news and provides clarity for pending I-526 EB-5 immigrant investor petitions that may have been… Read More »

State Department: Visas for Russian Nationals to be Processed in Warsaw

By Jeff Khurgel |

Geopolitical events and the Covid pandemic have all but eliminated the issuance of U.S. visas in Russia over the past 12 months. The U.S. Embassy in Moscow and two U.S. Consulates General in Russia (Vladivostok and Yekaterinburg) have limited staff, and are providing extremely curtailed consular services, focusing mostly on assisting U.S. citizens. As… Read More »

Supreme Court’s Decision in Niz-Chavez v. Garland may Provide Relief to some non-Citizens

By Jeff Khurgel |

The Supreme Court issued a ruling on April 29, 2021 that has resulted in some confusion and controversy for those in deportation or removal proceedings or with a deportation or removal order. However, it may create a possible relief for some non-citizens. The ruling states that for cases in which the immigration court issued… Read More »

Immigration Reform 2021 Takes one Small Step Forward

By Jeff Khurgel |

On August 24, 2021, the House of Representatives passed a budget resolution that includes support for legalization programs for TPS holders, DACA recipients, essential workers, as well as other eligible immigrants. The House resolution passage is a step towards the inclusion of immigration reform budget reconciliation package. In September of 2021, the Judiciary Committees… Read More »

I’ve Received a Notice of Intent to Deny my Immigration Petition (“NOID”) from USCIS, now What?

By Jeff Khurgel |

You’ve submitted a benefit request to USCIS, and in response you’ve received a Notice of Intent to Deny (“NOID”). This is, obviously, worrying, and a well-considered response is needed. Here are seven things to keep in mind as you digest the news of receiving the NOID and plan for what’s next. First, relax and… Read More »

E-2 Small Business Visas: 20 Questions to Consider Before Applying

By Jeff Khurgel |

The E-2 visa is a great way for entrepreneurs — big and small — to start a business in the United States, provide jobs for U.S. workers, and move here with their family. This is a very useful visa category as — depending on one’s nationality — it can be a 5-year multiple-entry visa… Read More »

New USCIS Rule States H-1Bs will not be Subject Wage-Based Selection Process

By Jeff Khurgel |

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule, “Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions” which would have changed the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing of H-1B cap-subject petitions (or H-1B petitions for… Read More »

H-1B Public Access File Compliance for Employers

By Jeff Khurgel |

As the 2021 H-1B preparation season is upon us, employers considering sponsoring H-1B workers are reminded of their Public Access File compliance obligations. Overview of Public Access File Requirement Department of Labor regulations state that all employers who are sponsoring an H-1B worker should maintain certain documents related to the worker in a Public… Read More »

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