Immigration Blog

Students In the dynamic landscape of immigration and employment, international students on F-1 visas in the United States often face uncertainties, particularly when transitioning to H-1B nonimmigrant status. What happens if a student, approved for a change to H-1B status, is laid off or terminated by their H-1B employer before officially obtaining the new status?...

Legal Precedent: Zhang v. USCIS (2020) Traditionally, USCIS has treated unsecured loans as unviable sources of EB-5 funds. The U.S. Court of Appeals for the D.C. Circuit, however, changed the landscape of the EB-5 program in 2020 when it concluded in Zhang v. USCIS, 978 F. 3d 1314, 1319-22 (D.C. Cir. 2020) that loan proceeds...

In 1990, Congress created the EB-5 visa program. It aims to encourage foreign investors to create jobs and invest in the U.S. economy. United States Citizenship and Immigration Services (USCIS) administers the EB-5 program. It lets foreign investors get U.S. permanent residency as green card holders. Their spouses and unmarried children under 21 can also...

The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), announced on October 23, 2023, its plan to amend and modernize the H-1B specialty occupation worker program as an effort to “attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system” under the Biden...

The Patel Law Group retained its immigration practice to obtain approval for an L-1A petition for a multinational manager. The petitioning U.S. entity, an international company engaged in in the business of IT and ITES services, required the managerial expertise of the beneficiary in the United States to serve in the role of Senior Program...

At the beginning of the fiscal year, we typically observe some good movement in the dates listed in the visa bulletin allowing more and more applicants to file for their green card.  This trend generally continues for the first three to four months of the fiscal year.  Although the October visa bulletin saw some movement...

Renewing Employment Authorization Documents (EADs) has been a significant challenge for applicants, characterized by uncertainty, prolonged processing times, and the added burden of extensive paperwork. Previously USCIS issued EADs for 1- and 2-year increments, requiring applicants to file renewal applications to continue working. For individuals with a pending I-485 application stuck in a years-long backlog...

Recently, the EB-5 program has experienced a remarkable resurgence, capturing the attention of investors, developers, and immigration practitioners alike. The question that arises is, “What has led to this revitalization?” Within this article, we will discuss the three main factors that have caused EB-5 to return to the spotlight. EB-5 Reform and Integrity Act of...