USCIS to Toughen EB-5 Standards

Posted July 24, 2019

Effective November 21, 2019, USCIS will implement tougher standards for the EB-5 Immigrant Investor program.  Among the highlights:

  • An increase from $1 million to $1.8 million as the minimum qualifying investment;
  • Eliminating states’ ability to gerrymander high-unemployment areas;
  • Requiring certain derivative family members to independently petition to remove conditions on residence; and
  • Allowing repeat EB-5 petitioners to retain their initial Priority Date.

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USCIS to Require Fingerprinting of Extension/Change of Status Applicants

Posted February 14, 2019

USCIS has announced a significant procedural change in how applications for extension or change of nonimmigrant status are processed.  As of March 11, 2019, all applicants for extension or change of nonimmigrant status using form I-539 will be required to pay the $85 biometrics services fee in conjunction with the filing of an I-539 application.  Applicants will then be issued biometrics appointment notices following filing of the I-539 application.  It is unclear at this time for what purpose beyond enhanced immigration security the biometrics requirement serves for those in the country temporarily, whether visitors, students or exchange program visitors.  Stay tuned for further developments.

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NEW STRICTER RULES PROPOSED FOR MEETING PUBLIC CHARGE REQUIREMENTS

Posted September 22, 2018

The Department of Homeland Security has issued proposed rule changes that will significantly expand requirements under INA §212 for immigrants and nonimmigrants to demonstrate that they have not in the past, and are not likely in the future, to receive public benefits.  The new proposed rules will be published in the Federal Register and then opened for a 60-day public comment period before implementation.

The new rules will directly impact the Affidavit of Support requirement (forms I-134 and I-864) under INA §213A.  Of particular importance is the creation of a subjective ‘totality of circumstances’ test, in addition to new paperwork requirements demonstrating income self-sufficiency, that will very likely translate into increased denial rates for immigrant visas, certain nonimmigrant visas (including student and fiance visas), requests for extensions and changes of nonimmigrant status, and adjustments of status.

The prop0sed rule changes can be read here.  Check back for updates as the immigration legal community works to understand and explain these burdensome new changes on the horizon.

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The Concept of Dual Citizenship

Posted August 28, 2018

From the U.S. State Department.

The concept of dual citizenship (or dual nationality) means that a person is a citizen of two countries at the same time.  Each country has its own citizenship laws based on its own policy.  Persons may have dual nationality by automatic operation of different laws rather than by choice.  For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

Generally, the U.S. government has looked with disfavor on U.S. citizens who maintain dual nationality.  In this regard, Congress has an appropriate concern with problems attendant to dual nationality such as allegiance and war-time support.  One who has dual nationality is potentially subject to claims from both nations, claims which at times may be competing and/or conflicting.  However, dual nationals owe allegiance to both the United States and the foreign country.  They are required to obey the laws of both countries.  Either country has the right to enforce its laws, particularly if the person later travels there.

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