Maria Sacchetti, Washington Post, Dec. 8, 2023
"A federal judge in San Diego on Friday approved a settlement that prohibits U.S. officials from separating migrant families for crossing the U.S....
USCIS, Dec. 8, 2023
"The employment-based (EB) annual limit for fiscal year (FY) 2024 will be higher than was typical before the pandemic, though lower than in FY 2021-2023. We are dedicated to...
Elliot Spagat, Associated Press, Dec. 8, 2023
"A federal judge was poised Friday to prohibit separation of families at the border for purposes of deterring immigration for eight years, preemptively...
In an unpublished decision dated Dec. 4, 2023 a panel of the Ninth Circuit remanded for a new hearing. The facts are stunning...unless you practice immigration law:
"Because Lead Petitioner credibly...
This document is scheduled to be published in the Federal Register on 12/07/2023
"The Department of State (“Department”) is amending its regulation governing immigrant visas by removing...
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 job creation requirements.1 An investment must consist of a contribution of capital, which includes, among other things, both cash and indebtedness.2
Historically, USCIS has viewed loan proceeds as indebtedness rather than cash, requiring that the petitioner demonstrate that he or she is personally and primarily liable for the debt, that it is secured by his or her own assets, and that the assets of the new commercial enterprise do not secure any of the debt.3 Recently, a federal court held that this interpretation is not supported by the plain language of the regulation.4 Therefore, this update removes language that contradicts the court’s order. This update, contained in Volume 6, is controlling and supersedes any prior guidance on the topic. Policy Highlights • Updates guidance to reflect that USCIS evaluates an investment of lawfully obtained loan proceeds as a contribution of cash rather than indebtedness. USCIS continues to determine whether loan proceeds were lawfully acquired and whether the investor has placed the required amount of capital at risk for the purpose of generating a return on that capital.
1 See INA 203(b)(5).
2 See 8 CFR 204.6(e) (defining invest and capital).
3 See Matter of Soffici, 22 I&N Dec. 158, 162 n.1 (Assoc. Comm. 1998).
4 See Zhang v. USCIS, 978 F.3d 1314 (D.C. Cir. 2020)."