Peter Bibler

No India Retrogression for EB-5 Visas for Foreseeable Future

India is current as of the July Visa Bulletin, signaling the end of retrogression for the foreseeable future.   The threat of retrogression – or visa backlogs – for Indian EB-5 investors generated anxiety for much of 2018 and 2019. Many investors raced to file before deadlines to head off potential backlogs. Many hesitated, fearing that the EB-5 Program would have the

International Students Face Loss of F-1 Visas As Universities Go Online

NOTE: On July 14, 2020, DHS rescinded its rule in face of multiple lawsuits. See update here. On Monday, the Student and Exchange Visa Program (SEVP) issued a new rule affecting international students as they prepare for the fall semester. According to the rule, foreign students on F-1 or M-1 visas may not remain in the US if they

USCIS Updates EB-5 Processing Times

USCIS has published updated processing times for EB-5 related petitions. I-526 Petition: 29.5 to 61 months I-829 Petition: 25.5 to 47.5 months I-484 Application to Adjust Status: California Service Center – 7.5 to 29 months Nebraska Service Center – 8 to 13 months Texas Service Center – 7.5 to 29 months Vermont Service Center –

USCIS Implements New Visa Availability Approach to the I-526 Petition

Although historically it has been doubted that USCIS adhered to consistent first-in-first-out (FIFO) processing of I-526 petitions, this year USCIS expressly announced that effective March 31, 2020, it would process I-526 petitions on a new “visa availability” approach, i.e. EB-5 investors from countries impacted by retrogression would not have their I-526 petitions reviewed until a

Trump’s Order to Halt Immigration Does Not Apply to EB-5

President Trump issued an executive order on Wednesday, April 22, 2020 temporarily suspending immigration into the United States for 60 days. Importantly, the Proclamation exempts those immigrants entering the U.S. through the EB-5 program. See the full text of the proclamation here. EB-5 investors who are currently adjusting status or proceeding by consular processing may ...

Trump Relaunches Bid to Overhaul US Immigration System

Recently, President Trump announced his intention to overhaul the US immigration system by shifting priority from family- and humanitarian-based immigration to skills- or employment-based immigration. A more detailed plan is expected in the weeks ahead, but several items outlined are similar to those found in the proposed 2017 RAISE Act, which purported to cut the

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