U.S. Alerts

EB-5 Immigrant Investor Regional Center Program. The EB-5 Immigrant Investor Regional Center Program expired at the end of the day on December 21, 2018, due to a lapse in congressional authorization to continue the program. All regional center applications and individual petitions are affected. USCIS will not accept new Forms I-924, Application for Regional Center Designation

Federal Government Shutdown: Agency-by-Agency Update The partial federal government shutdown that began at 12:01 a.m. on Saturday, December 22, 2018, continues unabated. Several departments have issued related announcements about the specifics of which immigration services have closed and which remain open, summarized below in alphabetical order: Department of Labor. DOL’s announcement refers people to its extensive contingency plan.

January Visa Bulletin Shows Significant Progress in EB-1, EB-3, and Other Workers India The Department of State’s Visa Bulletin for January 2019 shows significant progress in the EB-1 category for all chargeability areas, as well as in the EB-3 and Other Workers India categories. Other priority dates remain Current or backlogged with little to no

WRITTEN BY: Matt Morse / Chief Legal Officer / Fakhoury Global Immigration   When filing an H-1B petition with the U.S. Citizenship and Immigration Services (USCIS), a certified Form ETA 9035 (Labor Condition Application) (LCA) issued by the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) is required to be included with the

President Trump Signs ‘KIWI Act’ With New Zealand on Nonimmigrant Treaty Traders/Investors The Knowledgeable Innovators and Worthy Investors (KIWI) Act was signed into law on August 1, 2018. The KIWI Act will allow eligible New Zealand nationals to enter the United States as nonimmigrant traders and investors provided New Zealand grants reciprocal treatment to U.S.

F-1 ‘Cap-Gap’ Status, Work Authorization Extension No Longer Valid as of October 1 U.S. Citizenship and Immigration Services (USCIS) issued an alert on September 28, 2018, reminding F-1 students who have an H-1B petition that remained pending on October 1, 2018, that they risk accruing unlawful presence if they continue to work on or after

  DHS Announces Controversial Proposed Rule on Changes to Public Charge Definition The Department of Homeland Security (DHS) has announced that it will soon publish a controversial proposed rule that would make it much more difficult for many who have lower incomes or less education, or who have received public benefits, to become permanent residents,

USCIS Now Accepting Copies of Negative O Visa Consultations Directly from Labor Unions     U.S. Citizenship and Immigration Services (USCIS) has begun accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request. A consultation letter from a U.S. peer group, labor organization, and/or

USCIS Changes Filing Location for Petition to Remove Conditions on Residence     On September 10, 2018, (USCIS) changed the filing location for Form I-751, Petition to Remove Conditions on Residence. This form was previously filed at the California and Vermont Service Centers. Now, petitioners must send Form I-751 to a USCIS Lockbox facility. However,