Politics

EB-5 Regional Center Program Extension

USCIS administers the EB-5 program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a program initially enacted as a pilot in 1992, and regularly reauthorized since then, investors may also qualify for EB-5 classification by investing through regional centers designated by USCIS based on proposals for promoting economic growth. On February 9, 2018, the President signed Public Law 115-123; extending the Regional Center Program through March 23, 2018.

Without New Laws or Walls, Trump Presses the Brake on Legal Immigration

A scientist recruited by the renowned Cleveland Clinic is stuck in India because his visa is delayed. An entrepreneur courted by Silicon Valley companies had his application denied. Many green card applicants have new interviews to pass.

The Trump administration has pursued its immigration agenda loudly and noticeably, ramping up arrests of undocumented immigrants, barring most travel from several majority-Muslim countries and pressing the case for a border wall.

But it has also quietly, and with much less resistance, slowed many forms of legal immigration without the need for Congress to rescind a single visa program enshrined in the law.

Ninth Circuit Stays Travel Ban Injunction, with Exception for Individuals with “Bona Fide Relationship”

The Ninth Circuit issued an order staying the district court's 10/20/17 preliminary injunction against entry restrictions on nationals of six Muslim-majority countries, except as to foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. People with a qualifying family relationship include grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins. A qualifying relationship with an entity must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading Presidential Proclamation 9645. The district court did not enjoin the Presidential Proclamation's entry restrictions against nationals of North Korea and certain nationals of Venezuela, and the travel ban remains in effect for those countries as originally stated in Presidential Proclamation 9645

Congress Passes Spending Bill To Avoid Shutdown, Again Punts On Health Care (and EB-5 Revision)

With the clock ticking, Congress on Friday (4/28/2017) managed to fulfill its basic function — keeping the federal government running.

The House and Senate approved a short-term measure that funds the government for another week. Lawmakers voted hours ahead of a midnight deadline to avoid a partial shutdown of federal agencies.

Friday's extension gives members of Congress more time — until midnight on May 5 — to try to reach a deal on a spending bill that will last through the rest of fiscal year 2017, which ends Sept. 30.

USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today (4/3/2017) announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS.

Court of Appeals Unanimously Upholds TRO

February 9, 2017 - U.S. Court of Appeals for the 9th Circuit has unanimously upheld the Temporary Restraining Order maintain the nationwide halt on Travel/Refugee Ban.

Nationwide Temporary Restraining Order has halted the Executive Order

National temporary restraining order granted in Washington State and Minnesota's challenge to President Trump's executive order banning Muslims and refugees.

DOS Emergency Alert: Executive Order on Visas

As a result of the Executive Order on immigration, Department of State has temporarily stopped scheduling immigrant and nonimmigrant visa appointments as well as cancelled currently scheduled visa appointments, for those individuals who are nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

This Executive Order does not restrict the travel of dual nationals from any country with a valid U.S. visa in a passport of an unrestricted country.  Embassies and Consulates around the world will continue to process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.

H-1B Visa Bill Introduced In US, Minimum Pay More Than Doubled

Washington: A legislation has been introduced in the US House of Representatives which among other things calls for more than doubling the minimum salary of H-1B visa holders to $130,000, making it difficult for firms to use the programme to replace American employees with foreign workers, including from India.

Department Of Homeland Security Response To Recent Litigation

For the next 90 days, nearly all travelers, except U.S. citizens, traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen will be temporarily suspended from entry to the United States. The 90 day period will allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals.

Importantly, however, Lawful Permanent Residents of the United States traveling on a valid I-551 will be allowed to board U.S. bound aircraft and will be assessed for exceptions at arrival ports of entry, as appropriate.  The entry of these individuals, subject to national security checks, is in the national interest. Therefore, we expect swift entry for these individuals.