Recording for June 29, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA
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USCIS Updates Visa Availability Approach for Managing Form I-526 Petition Inventory
Release Date
07/18/2023
U.S. Citizenship and Immigration Services (USCIS) today announced it would update its visa availability approach for managing the inventory of Form I-526, Immigrant Petition by Alien Investor, to promote greater efficiency.
Recording for August 10, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Agency
Nonimmigrant Visas
Immigration Law
Green Card
FAQs: Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140 || Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing
USCIS Alert on Delayed Immediate Relative Petitions, (Form I-130) at Texas Service Center
In November 2010, USCIS transferred approximately 36,000 Immediate Relative petitions from our California Service Center to our Texas Service Center. We anticipated that this redistribution of work would result in more timely adjudication of these petitions. Due to a number of unforeseen circumstances at our Texas Service Center, many of these cases have not been processed and are beyond our estimated processing times. We sincerely regret any inconvenience this may have caused you and we are making every effort to remedy this situation as soon as possible.
Recording for March 09, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
USCIS Removes Biometrics Requirement for Form I-526E Petitioners
Beginning March 15, USCIS is removing the biometrics submission requirement and $85 fee requirement for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor. Petitioners no longer need to submit the fee for biometrics services with their Form I-526E.
Rajiv's Comments in the News - US EB-2 visa retrogresses for India: What it means for your Green Card application
Published by: The Economic Times: March 24, 2023
https://economictimes.indiatimes.com/nri/migrate/us-eb-2-visa-retrogres…
Quotes and Excerpts from Rajiv in the article:
USCIS Provides Additional Guidance for EB-5 Required Investment Timeframe and Investors Associated with Terminated Regional Centers
Release Date
10/11/2023
USCIS is providing additional guidance on the interpretation of changes to the EB-5 program in the Immigration and Nationality Act (INA) made by the EB-5 Reform and Integrity Act of 2022 (RIA), specifically the required investment timeframe and how USCIS treats investors who are associated with a terminated regional center.
USCIS Updates Guidance on EB-5 Regional Center Program
USCIS is updating the USCIS Policy Manual with new guidance on the EB-5 Regional Center Program and new content on regional center designation and obligations, project applications, and direct and third-party promoters.
This update incorporates changes from the EB-5 Reform and Integrity Act of 2022 into the Policy Manual, building on the initial update that incorporated such changes on Oct. 6, 2022.
B-2 (Visitors or Tourist) visa Extensions for an investor and for a parent
We have received two interesting B-2 extensions. It has been my view that under certain circumstances B-2 can and should be permitted by USCIS to be used even where the applicant has an immigrant intent or is otherwise staying longer than usual in USA. Apparently, USCIS agrees.
Nonimmigrant Visas
Green Card
EB-5 $1Million investment in troubled business
We were retained by a client who was in USA on B-2 status and wished to apply for green card through EB-5 investor/entrepreneur category. We obtained a B-2 extension and simultaneously filed the EB-5 petition. Client was in the process of investing $1 Million in an existing business. $500,000.00 of the investment was in the form of cash (some portion of which was gift money) and for the remaining $500,000.00, a promissory note was executed and secured by foreign personal assets of client.
Green Card
USCIS Releases Draft Policy Memo On EB-5 Adjudications
USCIS draft Policy Memo On EB-5 Adjudications addressing certain foundational issues in the EB-5 program. This draft memo is a work in progress and is not operative until it is published and in final form.
Please check the attachment.
Guestbook Entry for Dilip Jeyram, United States
Name
Dilip Jeyram
Country
United States
State
VA
USCIS Announces Changes to Stand-Alone I-130 Filing Locations
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will change the filing locations for Form I-130, Petition for Alien Relative. Effective Jan. 1, 2012, domestic petitioners will mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States. The new filing locations will be updated with the corresponding addresses on Jan.
USCIS Releases Draft Policy Memo On EB-5 Adjudications For Comment
USCIS draft policy memo addressing certain foundational issues in the EB-5 Program. This page includes the original draft memo and subsequent revisions.
Benefits of National Interest Waiver
Question details
Two general questions,
1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?
FAQ Transcript
While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you. For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship. Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.
USCIS Issues Message On EB-5 Tenant Occupancy
The “tenant-occupancy” methodology seeks credit for job creation by independent tenant businesses that lease space in buildings developed with EB-5 funding. USCIS continues to recognize that whether it is economically reasonable to attribute such “tenant-occupancy” jobs to the underlying EB-5 commercial real estate project is a fact-specific question. Each case filed will depend on the specific facts presented and the accompanying economic analysis.
USCIS Centralizes Filing of Form I-130
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility. This will increase the efficiency of the relative petition filing process and give USCIS more flexibility in managing its workload. Previous regulations permitted these petitioners, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or the U.S.
USCIS Publishes QAs On Direct Email Communication With EB-5 Regional Center Applicants
U.S. Citizenship and Immigration Services (USCIS) is implementing the first phase in a series of proposed enhancements to the EB-5 program. Beginning today, Form I-924 applicants will be able to communicate directly with USCIS adjudicators via email in an effort to streamline the process and quickly raise and resolve issues and questions that arise during the adjudication process.
USCIS Seeks Public Comments on Proposed Rule Impacting Certain Pending Immigrant Investor (EB-5) Applications
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) seeks public comments on a proposed rule published in the Federal Register today that would enable USCIS to process certain applications approved between 1995 and 1998 by immigrant investors under the fifth preference employment-based immigrant visa classification, also known as EB-5.