Immigration Law

Recent Posts

USCIS EB-5 Policy Alert (July 22, 2021)
Posted on 23 Jul 2021 by Daniel M. Kowalski

USCIS, July 22, 2021 - Immigrant Investors and Investment of Loan Proceeds "Noncitizens may seek an immigrant visa based on their investment in a new commercial enterprise in the United States if they meet certain related minimum investment and... Read More

Tags: eb-5 , USCIS

District Court Approves Settlement in Lawsuit Challenging Immigration Agency’s Unlawful Rejection of Over Sixty Thousand Humanitarian Applications
Posted on 20 Jul 2021 by Daniel M. Kowalski

NILA, NWIRP, July 20, 2021 "Today, a federal district court judge in Oakland, California, approved a final settlement in the case of Vangala v. USCIS , providing relief to over sixty thousand applicants for humanitarian immigration benefits. The... Read More

Tags: Settlement , USCIS

USCIS: Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’
Posted on 20 Jul 2021 by Daniel M. Kowalski

USCIS, July 20, 2021 "U.S. Citizenship and Immigration Services today announced new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant... Read More

Tags: f-1 , USCIS

USCIS Policy Manual Technical Update: EB-5 Modernization Rule Vacatur
Posted on 16 Jul 2021 by Daniel M. Kowalski

USCIS, July 15, 2021 "This technical update explains that on June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf , 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization... Read More

Feds Reopen Comment Period on T Visa IFR
Posted on 15 Jul 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 07/16/2021 "The Department of Homeland Security (DHS) announces the reopening of the public comment period for the Interim Final Rule titled, Classification for Victims of Severe... Read More

Requesting Premium Processing on a Downgraded I-140 Petition
Posted on 7 Jul 2021 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, July 6, 2021 "In October 2020, USCIS’ decision to apply the Filing Dates, rather than the Final Action Dates, to employment-based I-485 adjustment of status applications, together with advancement in the Filing... Read More

USCIS EB-5 Regional Center Alert (June 30, 2021)
Posted on 30 Jun 2021 by Daniel M. Kowalski

USCIS, June 30, 2021 "Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program will expire at midnight on June 30, 2021, unless Congress reauthorizes it. A lapse in authorization does not affect EB-5 petitions filed... Read More

Tags: eb-5 , USCIS

USCIS Clarifies Evidence Requirements Under LRIF
Posted on 18 Jun 2021 by Daniel M. Kowalski

USCIS, June 17, 2021 "U.S. Citizenship and Immigration Services today announced that it is updating guidance in the USCIS Policy Manual regarding eligibility for adjustment of status under Liberian Refugee Immigration Fairness (LRIF). The updated... Read More

Tags: LRIF , USCIS

Joint DHS/DOS Statement on Central American Minors Program
Posted on 16 Jun 2021 by Daniel M. Kowalski

DHS, DOS, June 15, 2021 - Joint Statement by the U.S. Department of Homeland Security and U.S. Department of State on the Expansion of Access to the Central American Minors Program "The following joint statement was released by Secretary Alejandro... Read More

USCIS Policy Memo: Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners
Posted on 14 Jun 2021 by Daniel M. Kowalski

USCIS, June 14, 2021 "U.S. Citizenship and Immigration Services (USCIS) is publishing guidance in the USCIS Policy Manual on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family... Read More

USCIS Announces Lockbox Filing Flexibilities
Posted on 10 Jun 2021 by Daniel M. Kowalski

USCIS, June 10, 2021 "U.S. Citizenship and Immigration Services will offer filing flexibilities to provide relief to certain applicants and petitioners impacted by delays at a USCIS lockbox. These flexibilities only apply to benefit requests submitted... Read More

Tags: USCIS

Three New USCIS Policy Updates (June 9, 2021)
Posted on 9 Jun 2021 by Daniel M. Kowalski

USCIS, June 9, 2021 " Expedited Processing Under the updated expedite criteria policy (PDF, 293.62 KB) , benefit requestors and USCIS officers are provided further guidance on when expedited processing may be warranted. Additionally, nonprofit... Read More

Tags: ead , noid , policy memo , rfe , USCIS

USCIS Runs Out of "Extra" H-2B Visas...in Five Days
Posted on 3 Jun 2021 by Daniel M. Kowalski

USCIS, June 3, 2021 "Under the recently announced H-2B supplemental cap temporary final rule, USCIS has received enough petitions to reach the cap for the additional 16,000 H-2B visas made available for returning workers only. We continue to accept... Read More

Tags: USCIS , H-2B

USCIS Policy Update: Naturalization Eligibility and Voter Registration Through a State’s Benefit Application Process (May 27, 2021)
Posted on 28 May 2021 by Daniel M. Kowalski

USCIS, May 27, 2021 "Policy Highlights • Clarifies that USCIS will not penalize an applicant who unknowingly or unwilfully registers to vote. • Clarifies that USCIS does not consider an applicant to have unlawfully registered to vote... Read More

USCIS Policy Alert: Preserving Continuous Residence and Physical Presence for Purposes of Naturalization while Engaged in Religious Duties Outside the United States (May 25, 2021)
Posted on 28 May 2021 by Daniel M. Kowalski

USCIS, May 25, 2021 "Policy Highlights • Specifies that applicants engaged outside the United States in a qualifying religious vocation provided under INA 317 must file an Application to Preserve Residence for Naturalization Purposes (Form... Read More