New EB-5 Rules Once upon a time, the EB-5 petition was perceived to be one of the “easiest” ways for foreign entrepreneurs and investors to obtain permanent residency. Invest $500,000 or $1 million into a new U.S. enterprise…create 10 jobs for U.S. workers (indirect job creation is permitted for... read more →
Sep
06
Jul
05
The EB-1A is a category of immigrant petitions for foreign nationals of extraordinary ability. In order to qualify, an applicant must demonstrate extraordinary ability in the arts, athletics, business, education, or sciences through sustained national or international acclaim. “Extraordinary ability” is defined as “a level of expertise indicating that the... read more →
Jun
14
Consular officers have already been checking social media accounts, but only for applicants who were flagged for extra scrutiny. Now, however, the State Department will actually request social media information in the very beginning of the application process, from almost every applicant. The new State Department rule, which went into... read more →
May
24
The U.S. and Israel have signed a treaty investor agreement allowing Israeli citizens to be eligible for E-2 treaty investment visas. The original legislation adding Israel as a treaty country was signed by President Obama in 2011. However, due to complications in bilateral agreements and implementation, the final legislation delayed... read more →
May
10
Approximately one out of seven residents currently living in the United States—45 million people—are foreign-born.[1] For many of these individuals, returning to their home country disrupts settled life expectations and could mean the loss of family, friends, and employment in the United States. For those immigrants who are inadmissible to... read more →
Apr
26
Introduction: “Til death do us part” is a vow made by many on their wedding day. For our clients, however, losing their spouses may also put them in an unimaginable immigration predicament. Not only did they lose the love of their life, but they may also face immigration consequences since... read more →
Apr
19
1.What is the Two-Year Home Country Residence Requirement" for J1/J2 visa holders? Those who come to the U.S. in J1 or J2 status may be subject to the two-year home country residence requirement (or 212(e), as it is referenced in the Immigration and Nationality Act). This means you must reside... read more →
Apr
05
On March 19, 2019, the Supreme Court overruled a Ninth Circuit ruling that had granted certain protections to immigrants in Nielsen v. Preap. Previously, mandatory detention without a bond hearing only applied when immigrants were detained immediately after their release from criminal custody. This 5-4 ruling has opened the floodgates... read more →
Mar
29
Unmarried immigrant juveniles under the age of 21 may be eligible for a specific immigration benefit known as Special Immigrant Juvenile Status or SIJS. In order to qualify, the immigrant juvenile must be present in the United States and have been declared dependent on a juvenile court located in the... read more →
Mar
22
Occasionally I write on labor and employment issues related to immigration law. This is one of those times. The purpose of this article is to inform both employers and employees alike of what the law is. While it should not be construed as legal advice, it should be interpreted as... read more →