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June 2022 Visa Bulletin

The Department of State has issued its June 2022 Visa Bulletin, and the most notable update is a significant advancement in the India EB-2 final action dates, which will advance by a full year to September 1, 2014. There is little movement in the final action dates for most other employment-based preference categories. Final action […]

April 2022 Visa Bulletin Update

The Department of State has issued its April 2022 Visa Bulletin.  There is little to no movement in the final action dates for most employment-based preference categories.  India EB-2 will advance by a little over two months to July 8, 2013.  Final action dates for India EB-3 and China EB-2 and EB-3 professionals and skilled […]

March 2022 Visa Bulletin Update

The Department of State has issued its March 2022 Visa Bulletin.  This month’s bulletin includes more advancement in final action dates for India in the EB-2 preference category, which will advance by 4 months to May 1, 2013.  Final action dates for India EB-3 and China EB-2 and EB-3 professionals and skilled workers will remain […]

U.S. Embassies & Consulates: September Update on Closures & Re-Openings

Impacting foreign workers, immigrants, and international students, the suspension of consular services has been one of the most disruptive features of the COVID-19 pandemic.  This report provides an update on the re-opening and continued closures of high-traffic U.S. embassies and consulates in Africa, Asia, South America, Europe and the Middle East. Brazil While routine nonimmigrant […]

President Biden Grants Deferred Enforced Departure for Certain Hong Kong Residents

Breaking: President Biden has designated Hong Kong for Deferred Enforced Departure (DED). As of August 5, 2021, the President has directed the Department of Homeland Security (DHS) to defer for at least 18 months in the removal of any Hong Kong residents present in the United States. The President stated that this step is necessary, […]

Beyond the EB-5 Visa Waiting Line: E-2 Visa Options for Mainland-Chinese Entrepreneurs

By: Bernard Wolfsdorf and Joseph Barnett The EB-5 visa waiting line for mainland-Chinese has become so long that many Chinese nationals are now seeking other ways to enter the U.S. often so their children may study at U.S. universities.  Some are investigating obtaining U.S. permanent residence through the EB-1C category for multinational managers or executives (or the related […]

Could the China EB-5 Visa Waiting Line for FY 2021 (October 2020) Be About 8 Years For a New Case?

By:  Bernard Wolfsdorf A silver lining exists for some immigrants due to the COVID-19 global pandemic. With most U.S. consulates closed or limited to emergency visa processing, there will be many more employment based (EB) immigrant visas available in Fiscal Year (FY) 2021 which starts on October 1, 2020. The Immigration and Nationality Act provides […]

MACAU, CHINA: Travel Restrictions

Summary The Macau government has introduced temperature screening at all border checkpoints, including the airport, land crossings, and ferry terminals. All inbound travelers must complete a health declaration form upon arrival. Ferry services between Hong Kong and Macau are suspended. More Information On February 20, 2020, the Macau government began enforcing medical checks for tourists […]

EB-1 To Become Current in October 2018 Again for China and India – Is the Extraordinary Ability Visa the Best Option for Chinese Nationals?

By: Joseph Barnett Mr. Charlie Oppenheim, Chief of the Visa Control and Reporting Division within the U.S. Department of State (“DOS”), recently noted that the Final Action Date (“FAD”) for China employment-based first-preference (“EB-1”) will become current again at the beginning of Fiscal Year 2019, on October 1, 2018.  This is encouraging news, as this visa […]

Ten Things to Know About Communist Party Membership Inadmissibility

By:  Bernard Wolfsdorf and Joseph Barnett Communist party membership issues are becoming more common in visa cases.  Our firm has seen an increase in scrutiny by U.S. consulates on this issue.  It is important to focus on this issue with China as #1, and Vietnam as #2, in the number of EB-5 immigrant visas issued and adjustment of […]

Visa Denials Based on Communist Party Membership

By:  Joseph Barnett Reports from China indicate that the U.S. Consulate General in Guangzhou has recently increased immigrant visa denials based on INA Section 212(a)(3)(D) related to membership in the Chinese Communist Party (CCP), despite the fact that such membership is required and involuntary for most to advance in university, business, or employment. These immigrant […]

State Dept. Imposes New Restrictions on Chinese Communist Party Members

As part of a continued chilling of relations between the United States and China under the Trump administration, on December 4, 2020, the Department of State announced several new restrictions on Chinese Communist Party members, including: New rules limiting the validity of B1/B2 visas to one month and single-entry for Chinese Communist Party members and […]