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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 »


By Jeff Khurgel |

Many of those applying for permanent residence status or certain non-immigrant visas can now breathe a sigh of relief, at least temporarily. On August 14, 2019, the Department of Homeland Security and USCIS had published a “Public Charge” rule amending regulations related to grounds for inadmissibility. This “public charge” rule was aimed at immigrants… Read More »


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 »


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 »

The USCIS’ New Pre-Registration System for H-1B Cap Filings – How it Works

By Jeff Khurgel |

U.S. Citizenship and Immigration Services recently announced that they will begin implementing a new pre-registration system for processing H-1B petitions. The new system, which will launch in time for 2020 H-1B filings, will require employers to pre-register online prior to filing their petitions. HOW THE PRE-REGISTRATION PROCESS WILL WORK The new H-1B pre-registration system… 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 »

New Proposal to Eliminate H-4 Employment Authorization

By Jeff Khurgel |

On February 20, 2019, the Department of Homeland Security took a major step forward in their plan to eliminate the program that allows employment authorization for the H-4 spouses of H-1B workers. The DHS sent a draft rule to the Office of Management of Budget titled “Removing H-4 Dependent Spouses from the Class of… Read More »

Foreign Affairs Manual “Immigrant Intent” Guidance Updated for F-1 Students

By Jeff Khurgel |

The Foreign Affairs Manual (“FAM”) provides guidance for visa issuance at U.S. Consulates and Embassies overseas. Under longstanding principles of U.S. immigration law, individuals applying for B-1/B-2 visitor or F-1/J-1/M-1 student or exchange visas must prove that they do not have immigrant intentions when applying for their visas. Such “single-intent” visas can be denied… Read More »

Automatic Revalidation May Allow Re-Admission to the U.S. Despite an Expired Visa

By Jeff Khurgel |

What is “Automatic Revalidation”? Automatic revalidation is a process allowing simplified re-entry after travel abroad for certain visa holders in the U.S. even if their visa is expired – following brief trips to Canada or Mexico. These individuals may be admitted at a U.S. port-of-entry by Customs and Border Protection (CBP), if they meet… Read More »

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