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Employment-Based Progression in the October 2020 Visa Bulletin and Related News

By Jeff Khurgel |

With the new fiscal year approaching on October 1st, the U.S. Department of State has announced the per-country priority date cut-offs in its just-released October 2020 Visa Bulletin. As expected, there has been forward movement in many categories due to the new allocation of immigrant visa numbers. The EB-3 “All Chargeability” category made the… Read More »

Breaking News: Public Charge Rule Put on Hold by District Court Judge

By Jeff Khurgel |

On July 29, 2020, the Southern District of New York’s District Court enjoined USCIS and State Department personnel from enforcing the Public Charge Rule (84 FR 41292, 8/14/19) during the COVID-19 pandemic. The pause on enforcement of the Public Charge Rule is nationwide and applies as of July 29, 2020. USCIS announced on July… Read More »

New DACA Applicants Can Apply – District Court Judge Rules

By Jeff Khurgel |

Immigration authorities must resume accepting new applications for the Deferred Action for Childhood Arrivals program and comply with a recent Supreme Court ruling, a federal judge ordered Friday, July 14, 2020. A Supreme Court opinion last month prevented immigration authorities from moving forward with its plans to dismantle DACA, but last week’s order explicitly… Read More »

New H-1B Lottery System to Take Effect in Advance of Fiscal Year 2021

By Jeff Khurgel |

What You Should Know About the New Pre-Registration Process The USCIS recently announced that it is now ready to launch the new online pre-registration system for H-1B filings. The online system will be open for use from March 1, 2020 to March 20, 2020. Going forward, employers must first create accounts in the system… Read More »

E-2 Visa: What is the Required Investment Amount?

By Jeff Khurgel |

Investment Requirement for an E-2 Visa The E-2 Treaty Investment Visa is the visa of choice for many business owners setting up shop in the U.S. The visa is highly desired as there is no limit to extensions of stay or visa renewals. Unlike the L-1, and H-1B nonimmigrant visas, which have cap of 5-7… Read More »

USCIS Filing Fee Increases May be Coming (again)

By Jeff Khurgel |

USCIS Fee Increases Proposed On November 14, 2019, the Department of Homeland Security (DHS) announced its proposal to increase certain immigration and naturalization fees charged by the U.S. Citizenship and Immigration Services (USCIS). If the proposal comes into effect, filing fees are expected to increase by an average of 21% for operational needs. Due… Read More »

NEW RULES HAVE BEEN FINALIZED FOR EB-5 INVESTMENT-BASED GREEN CARDS

By Jeff Khurgel |

EB-5 Modernization Rules Take Effect Beginning 11/21/2019 The USCIS has now finalized its new rules on changes to the EB-5 investor program, which hasn’t been updated since its inception in 1990. The changes will come into effect on November 21, 2019. While the USCIS expects these overdue changes will account for increased investment in… Read More »

GET READY FOR SUBSTANTIAL CHANGES TO THE EB-5 PROGRAM

By Jeff Khurgel |

EB-5 Modernization Rule Will Bring Most Significant Changes Since the Program Was Created in the Early 1990s Changes are on the horizon for the USCIS’ EB-5 program, and potential foreign investors are eager to find out how they may be affected. On June 28, 2019, the Office of Management and Budget (OMB) completed their… Read More »

USCIS Announces F-2A I-130 Applicants Current in July 2019

By Jeff Khurgel |

On June 13, 2019, the U.S. Department of State posted its July 2019 Visa Bulletin. Notably, in the Final Action Date chart of the Visa Bulletin for family-sponsored preference cases (Chart A), the Visa Bulletin indicates that the family-based F2A preference category (spouses and children of permanent residents) will become current for all countries… Read More »

I-94s, Passport Stamps and Periods of Admission – The Importance of Understanding How Long you can Remain in the U.S.

By Jeff Khurgel |

Question: During a particular visit to the U.S. for work or pleasure, which of the following controls the length of time a Nonimmigrant visitor is permitted to remain in the U.S.: A)      The validity of their U.S. Visa; B)      The stamp that a U.S. Customs and Border Protection Officer adds to their Passport; C)     … Read More »

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