Our Chatting with Charlie series continues with WR Immigration Director of Visa Consulting Charlie Oppenheim, Partners Dan Maranci and Kimberley Best Robidoux, and Senior Attorney Laura Bloniarz. They give the latest insights to the October Visa Bulletin and information regarding the New I-9 process. Watch below!
September 2021 will come and go without a reauthorization of the EB-5 Regional Center Program, leaving over 85,000 foreign nationals in immigration limbo after investing a minimum of $500,000 into the U.S. economy. Since the program lapsed on June 30, 2021, the EB-5 Industry has made efforts to spare current EB-5 Regional Center investors the headaches that have occurred due to the cycle of short-term reauthorizations by coming to a potential agreement on reforming and extending the Regional Center Program for multiple years. Nevertheless, it appears that the U.S. Congress will seek to finalize legislation on the EB-5 Regional Center Program by December 3, 2021, the date that the federal government continues to run towards in the currently proposed “Continuing Resolution”. USCIS has not released anymore guidance regarding the current Regional Center Program lapse, aside from what WR Immigration posted in early July. Two big unanswered questions are: (1) Will USCIS continue to adjudicate interim benefits (work and travel authorization) for pending adjustment applicants based on an approved Regional Center Form I-526, and (2) How long will USCIS continue to hold pending Regional Center Form I-526’s in abeyance without further reauthorization? We do not have the answer to the second […]
By: Joseph Barnett Writ of mandamus lawsuits against U.S. Citizenship and Immigration Services (“USCIS”) are en vogue, and for good reason: as of December 2, 2019, the estimated time range to process a Form I-526 petition has skyrocketed from 31.5 months to 52 months, and online case inquiries are only accepted for petitions filed before September 7, 2015. This is just wrong, and a travesty to those who have invested at least $500,000 and paid thousands of dollars more in fees to get their applications processed. Extended processing times can cause a detrimental effect on those who are patiently (and nervously) waiting in nonimmigrant status for I-526 approval or for those whose children will “age out”, and a writ of mandamus may be necessary to get USCIS to act when its unstated stated goal is to delay, discourage, and deny. Here are five things to know about lawsuits in federal court on delayed EB-5 adjudications. USCIS Employee Hours to Process Form I-526 Petitions. When USCIS increased the filing fee for a Form I-526 petition in 2016 from $1,500 to $3,675, it stated the increase would further “efforts with the goal of improving operational efficiencies while enhancing predictability and transparency in the adjudication process.” It […]
