Articles

Articles

Advocating Removal of Conditions for Good Faith Investors 600 337 Lincoln Stone

Advocating Removal of Conditions for Good Faith Investors

New capital investment by immigrant investors interested in the EB-5 visa regional center (“RC”) program may be on pause while Congress puzzles out a legislative solution from historic negotiations on trillion-dollar public investments in infrastructure and social programs.  Nevertheless, the petition process carries on for existing investors of private capital to remove the conditions on…

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Immigrant Capital Investment and Priority Infrastructure 999 749 Lincoln Stone

Immigrant Capital Investment and Priority Infrastructure

Through the Base Realignment and Closure (“BRAC”) process, successive Administrations in the post-Cold War era sought to increase efficiency and cut costs in the Department of Defense by closing and realigning military bases.  For the 1990s economy of the Inland Empire of Southern California, the closures of Norton AFB (San Bernardino) and George AFB (Victorville),…

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Major lawsuit settlement changes EAD policies for H-4 and L-2 spouses 1920 1440 Michele Franchett

Major lawsuit settlement changes EAD policies for H-4 and L-2 spouses

Plaintiffs in Shergill, et al. v. Mayorkas, No. 21-cv-1295-RSM reached a settlement today with the Department of Homeland Security that represents a major victory for H-4 and L-2 spouses in need of employment authorization. The settlement provides: L-2 spouses (not H-4 spouses) will have employment authorization incident to status[1], and Both L-2 and H-4 spouses…

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U.S. Borders Reopening to Fully Vaccinated Travelers on November 8, 2021 1920 1231 Susan Pilcher

U.S. Borders Reopening to Fully Vaccinated Travelers on November 8, 2021

The White House has announced that widespread country-specific travel bans will be rescinded effective November 8, 2021 for fully vaccinated travelers.   Formal guidance has not yet been issued, but it is expected to apply equally to air travel and land borders.  According to the U.S. Centers for Disease Control and Prevention (“CDC”), COVID-19 vaccines accepted…

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DHS Extends Flexibility Policy Allowing Virtual Inspection of I-9 Documents to December 31, 2021 1920 1280 Michele Franchett

DHS Extends Flexibility Policy Allowing Virtual Inspection of I-9 Documents to December 31, 2021

On August 31, 2021, DHS announced it is extending the temporary policy deferring the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (“I-9 Flexibility Policy”) for employees hired on or after April 1, 2021, and working exclusively in a remote setting due to COVID-19-related…

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Presidential Proclamation 10199 Bans Entry of Certain Nonimmigrants Present in India 1280 905 Barbara Stone

Presidential Proclamation 10199 Bans Entry of Certain Nonimmigrants Present in India

In light of the surging COVID-19 infections in India, President Biden has authorized a travel ban for certain nonimmigrants present in India. Specifically, beginning May 4, 2021, the entry of nonimmigrants who have been present in India during the 14 days preceding their entry to the United States is prohibited under Presidential Proclamation 10199, “Suspension…

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Presidential Proclamation 10052 Banning Entry of H, L, and J Visas Holders Expires 1920 1282 Barbara Stone

Presidential Proclamation 10052 Banning Entry of H, L, and J Visas Holders Expires

The U.S. Department of State has confirmed that Presidential Proclamation 10052, which banned the admission of foreign nationals issued H, L, and J nonimmigrant visas, expired as of March 31, 2021. Former President Trump issued this proclamation during the early days of the COVID-19 pandemic. However, regional COVID-19 related travel bans as well as consular…

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