EB-5 Immigrant Investor Services

EB-5 Immigrant Investor Services

Blog – Immigration View

https://immigrationview.foxrothschild.com/

U.S. immigration law comprises a system of highly complex, intricate, many-layered statutes, regulations, informal agency materials and policies which are often influenced by the current political climate. Anyone attempting to navigate this system needs attorneys well versed in the nuances of this multifaceted process. Join our experienced immigration bloggers as they provide regular updates for employers on the full gamut of immigration issues ranging from hiring, compliance and employment best practices to the latest developments in visa news and coverage of significant immigration-related decisions, as well as practical advice to ease the immigration process. Their coverage includes developments and issues central to the EB-5 Immigrant Investor Program.

Recent Blog Posts

  • Seeking Benefits from USCIS May Result in Removal Proceedings What’s a “Notice to Appear” (NTA)?  How about “unlawful presence”?  Phrases such as these may be a new for many following business/employment based immigration matters.  Because of new USCIS Policy memoranda, these removal terms are now added to our business immigration lexicon and concern.  NTA is the charging document issued by an authorized agent of the US Department of Homeland Security initiating in adversarial proceedings.  Once an NTA is filed with the immigration court, jurisdiction vests in the Immigration Court and noncitizens... More
  • Court Addresses Conflict Between State and Federal Immigration Requirements   Last week the U.S. District Court for the Eastern District of California issued its ruling in United States of America v. State of California.  Fox Rothschild’s Jeffrey D. Polsky, L&E Department Co-Chair offers an insightful summary of the decision, which has implications for both immigration law and California employment law.  To view Jeff’s post on our California Employment Law blog, click here https://californiaemploymentlaw.foxrothschild.com/2018/07/articles/advice-counseling/court-addresses-conflict-between-state-and-federal-immigration-requirements/.  ... More
  • Understanding the Trump Administration’s Executive Order on Family Separation and Hurdles to Parent/Children Reunification In April 2018, U.S. Attorney General Jeff Sessions announced a “zero-tolerance policy” administered by CBP and ICE to criminally prosecute every adult who illegally crossed the border, or tried to do so, including asylum seekers attempting to enter between ports of entry. As part of implementing this policy, the Trump Administration stepped up efforts to separate parents from children at the border in unprecedented numbers never before seen as a deterrent policy to preventing asylum seekers from arriving at the... More
  • Due Process Rights for Immigrants The President recently suggested that due process does not apply to immigrants coming to the United States of America. The 14th Amendment states that: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The language of “any person”... More
  • E-2 Visas for Israeli Investors Will Be Available Soon The Israeli Knesset Internal Affairs Committee recently approved the new E-2 visa regulations thereby allowing Israeli entrepreneurs to file for and obtain E-2 visas in the United States.  Until now, Israeli citizens were not eligible for the E-2 visa.  This is a tremendous step forward for Israeli investors looking to pursue startups in the United States, especially tech-startups. The start-date for filing E-2 applications for Israeli citizens has not yet been finalized until mutually agreed upon between the U.S. Embassy and... More
  • Concern for F-1 Students – Maintenance of Optional Practical Training (OPT) USCIS recently issued a reminder for F-1 students that transferring to another education institution or beginning studies at another educational level automatically terminates Optional Practical Training (OPT) as well as the corresponding employment authorization document (EAD).  The requirement to maintain status is important due to the proposed USCIS Policy Memorandum on the Accrual of Unlawful Presence for F, J. and M nonimmigrants whereby they will lose Duration of Status designation by engaging in an unauthorized activity.  F-1 students must make... More
  • Proposed Policy Change – F, J, and M Nonimmigrants to Accrue Unlawful Presence On May 11, 2018, United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum for Public Comment, with the comment period set to end on June 11, 2018.  The proposed change would affect those individuals and their dependents in the following statuses:  Student (F-1 Academic Student and F-2 Spouse or Child of F-1 nonimmigrant); Exchange Visitor (J-1 Exchange Visitor and J-2 Spouse or Child of J-1 nonimmigrant); and Vocational Student (M-1 Vocational Student or non-academic Student and M-2 Spouse... More
  • Immigrant Visa Processing Changes – EB1 China/India retrogress; EB2/3 India/China to advance; EB2/3 Worldwide will remain current; Visa Office on Priority Dates, Demand, and Predictions In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the various immigrant preference categories with AILA (the American Immigration Lawyers’ Association). Below are highlights from the most recent “check-in with Charlie” (April 13, 2018), reflecting his analysis of current trends and future projections for the various immigrant preference categories. This month, Charlie examines the dramatic final action dates... More
  • Temporary Protected Status Terminated for Nepal As has become common under the present Administration, yet another country is losing Temporary Protected Status (TPS) designation.  On April 26, 2018, Homeland Security Secretary Kirstjen M. Neilson announced that Nepal will lose TPS designation on June 24, 2019.  As in past terminations, there is a delay of 12 months to allow for transition.  The April 2015 earthquake and aftershocks decimated the nation and necessitated the designation of TPS for the nation.  The Department of Homeland Security reviewed the disaster... More
  • USCIS Completed the H-1B Cap Lottery Selection for FY 2019 Today, USCIS announced it has completed the H-1B cap FY 2019 random selection process on April 11. This year, USCIS received a total of 190,098 H-1B cap petitions during the H-1B cap FY 2019 filing period, which started on April 2.  The announcement means USCIS has completed the computer generated random selection process and selected enough petitions to meet the 65,000 regular cap and the 20,000 cap under the U.S. advanced degree exemption, known as the master’s cap. Next, USCIS... More