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Top Five Changes Needed to the International Entrepreneur Parole Rule

The International Entrepreneur Rule (“IER”) was created to spur innovation within America as the U.S. competes with other countries to attract entrepreneurs.  The IER provides a temporary immigration benefit pursuant to the Secretary of Homeland Security’s discretionary parole authority at Section 212(d)(5) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(d)(5) for international […]

USCIS Releases Guidance on EB-5 Regional Center Lapse

The EB-5 Immigrant Investor Regional Center Program expires at the end of the day on June 30, 2021, due to a lapse in Congressional authorization to continue the program. USCIS has released the following guidance today:  Alert: Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program will expire at midnight on June 30, 2021, unless Congress reauthorizes […]

DHS to Withdraw Trump Opposition to International Entrepreneur Parole Rule

There have been reports that U.S. Department of Homeland Security (“DHS”) will soon be withdrawing the Trump Administration’s plan to remove the International Entrepreneur Parole Program. This would be part of President Biden’s and DHS’ Secretary Alejandro Mayorkas’ “America First” policy of growing the U.S. economy The International Entrepreneurial Parole provides eligibility to certain entrepreneurs […]

Could EB-5 Green Cards Be Processed in 2 Years Without Expedites? Will I-526 EB-5 Petition Processing Dramatically Improve In Near Future?

By Bernard Wolfsdorf When I first started filing EB-5 petitions many years ago, my clients were frustrated if their EB-5 petitions took 6 months to process. Today, USCIS’ published processing time for an I-526 petition is between 30 and 48.5 months, and if from China, which is quota backlogged, it is between 63.5 and 80.5 […]

7 Years for a “Special” Form I-526 Approval

On April 14, 2021, U.S. Citizenship and Immigration Services (“USCIS”) approved our former client, Mr.  Zhang’s, Form I-526 – Immigrant Petition by Alien Entrepreneur.  His case had been pending since December 2013.  This is a special Form I-526 approval, as Mr. Zhang was one of the two named plaintiffs in Zhang v. USCIS et al.¸ […]

I-829 Processing Times Have Run Amok

USCIS is reporting online that the estimated processing time for a Form I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status at Immigrant Investor Program Office is now 37 to 248 months.  USCIS is only allowing case inquiries for cases filed before August 6, 2000.  This is preposterous, especially considering that USCIS is […]

Strategies and Options for EB-5 Investors in Complex I-829 Situations

By:  Joseph Barnett The Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status (“Form I-829”) is the final step of the EB-5 process in which the immigrant investor provides evidence of one’s sustained investment and job creation.  A Form I-829 must be submitted within the 90-day period immediately preceding the second anniversary of […]

Four New Year’s Resolutions to Prepare for Immigration Policy in the Trump Administration

By: Robert Blanco, Esq. President-elect Trump made immigration a significant issue in his campaign, promising to enact a host of immigration policies focusing on curbing illegal immigration and increased screening procedures. Although the details of any new immigration policies have not been set, it is likely that there will be an increase in enforcement and more restrictive […]

Travel Alert (updated February 4, 2017)

On February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order, prohibiting the federal government from enforcing Sections 3(c) [90-day travel ban on “immigrants and nonimmigrants” from designated countries], 5(a) [120-day ban on U.S. refugee program], 5(b) [prioritization of certain refugee claims], 5(c) [indefinite suspension of Syrian […]

Winter 2016 U.S. Immigration Compliance Travel Advisory

by Avi Friedman and Bernard Wolfsdorf This travel advisory summarizes the main issues and requirements for foreign nationals who plan to travel outside the U.S. to make ensure reentry is as seamless as possible. If unclear, or if your specific situation needs attention, please check with your Wolfsdorf Rosenthal LLP professional prior to departure. Simply […]

Despite House Decriminalization of Marijuana, Pot for Immigrants Remains a No-No

The U.S. House of Representatives recently joined many states by voting to decriminalize marijuana via legislation that would remove cannabis from the list of scheduled substances under the Controlled Substances Act and eliminate criminal penalties for individuals who manufacture, distribute, or possess marijuana. The “Marijuana Opportunity Reinvestment and Expungement (MORE) Act” would also expunge nonviolent […]

Five Things to Know About Marijuana and U.S. Immigration Policy (No Pot for Non-U.S. Citizens)

By: Bernard Wolfsdorf, Joseph Barnett, and Robert Blanco USCIS has issued new policy guidance to clarify that violations of federal controlled substance law, including violations involving marijuana, are generally a bar to establishing good moral character for naturalization, even where that conduct would not be an offense under state law.  The policy guidance clarifies that an applicant for U.S. naturalization who […]