Without action from Congress on new immigration regulations to create a visa category for entrepreneurs, the Obama Administration has used existing regulations to create a path for entrepreneurs to come to the U.S. to start businesses. At the end of August, the U.S. Department of Homeland Security (DHS) issued proposed regulations for the use of […]
When determining whether a candidate meets the requirements of the L-1A visa category as a “functional manager”, the U.S. Citizenship and Immigration Service (“USCIS”) must now look at all relevant factors, including oversight of employees outside the U.S. This is good news for functional managers who seek to oversee an essential function for a […]
Whether you follow the groundhog, Punxsutawney Phil or not, last month on Groundhog’s Day the little herbivore failed to see his shadow and an early Spring season was predicted. This announcement was hopeful news for those of us still reeling from the blizzard that blanketed the District of Columbia metro area in late January this […]
Immigration has been a major subject of debate among politicians for decades. As a result, comprehensive immigration reform has been a pipe dream. As the election cycle plays out, Democrats and Republicans have become so polarized on this issue that it is nearly impossible to predict the likelihood of any reform.
According to a variety of […]
Immigration officials have been prohibited from using social media to vet U.S. visa applicants for years due to privacy concerns. Reviewing an applicant’s social media platform(s) could help officials with their research, and the DHS has attempted to implement a social media review in the past. In 2014 alone, the Department of Homeland Security initiated […]
Congress recently recommended an extension of the EB-5 program through September 30, 2016. The extension proposal is part of the 2016 omnibus spending bill, which is expected to pass this Friday, December 18. As a “clean extension” of the Regional Center Program, no changes would be made to the program until its end on […]
The House of Representatives recently passed the Visa Waiver Program Improvement and Terrorist Prevention Act, H.R. 158, by a vote of 407-19. The bill would place additional restrictions on the Visa Waiver Program in an effort to improve domestic security.
What is the Visa Waiver Program?
The Visa Waiver Program (VWP) allows citizens of eligible countries to […]
It is increasingly evident that EB-5 investors investing in Regional Centers need to conduct financial due diligence on the project and its Regional Center. As the EB-5 program faces more criticism for using disproportionate funding in affluent areas, the Securities and Exchange Commission has become increasingly involved in investigating misspent funds.
This year alone the United […]
The holiday season is time for reflection on the immigration process and prospects for the coming year. Much is in flux – immigration reform, mixed adjudication standards and so on. But one thing we know for certain – the twelve days of Christmas are upon us. With apologizes to carolers everywhere:
On the first day of […]
Is uncertainty surrounding staying in the United States driving away highly educated foreign nationals?
An increasing number of foreign graduates from U.S. universities are electing to return to their home countries or elsewhere after completing their studies. These students have the potential to make great contributions in their relative STEM fields, but many do not want to face the uncertainty of obtaining an H-1B visa.
Vivek Wadhwa, a fellow at […]