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On June 17, the Biden administration unveiled a new initiative allowing certain spouses of U.S. citizens to apply for “parole-in-place” through the Department of Homeland Security (DHS).  Although marriage to a US Citizen allows a foreign national to obtain a green card, those without a legal entry are forced to leave the U.S. and return...

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Separate filing fees required for I-765 and I-131 when filing I-485 after April 1, 2024. It’s been 3 months since the United States Citizenship and Immigration Services (USCIS) implemented significant fee increase, including the fee for the Form I-485, Application to Register Permanent Residence or Adjust Status. Previously.  The previous fee for Form I-485 was...

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Consular Processing versus Adjustment of Status for Spouses For many foreign nationals married to U.S. citizens (USC) or lawful permanent residents (LPR), the ultimate goal is to obtain permanent residency in the United States. However, the process of achieving this status can vary significantly depending on whether the individual pursues Consular Processing or Adjustment of...

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Permitted Activities on H-1B Status While Being a Member of a Multi-Owner LLC The H-1B visa is a non-immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations. This visa is highly sought after by skilled professionals from around the world, as it provides a pathway to work and potentially...

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There are various visa options for foreign nationals, each tailored to a specific purpose. The B1/B2 visa is commonly used for short-term business and tourist visits to the US, while the EB-5 visa provides a pathway to permanent residency through a qualifying investment. If you are currently in the US on a B visa and...

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Yesterday, a significant win for private fund managers emerged from the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit“) when a three-judge panel unanimously overruled the Security and Exchange Commission’s (“SEC“) private fund rules passed in August (“Private Fund Rules“). These rules expanded oversight over private funds by restricting certain activities, prohibiting preferential...

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Foreign investors can either invest through a USCIS-designated regional center or make a direct investment in an EB-5 project.   What is a regional center?  Regional centers are privately owned economic entities designated by USCIS to promote economic growth within the United States and through the EB-5 Immigrant Investor Program. Regional centers facilitate EB-5 investments by...

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The EB-5 application process begins with filing an I-526 or I-526E form with USCIS. To file, the investor must have already committed the required capital to a new commercial enterprise (NCE). The minimum investment amount is $1.05 million or $800,000 if the investment is made in a targeted employment area (TEA). The investment must be...

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