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On April 23, 2024, by a close 3-2 vote, the Federal Trade Commission (“FTC”) issued a final rule with a retroactive effect banning non-compete clauses nationwide (“New Rule”). Unless legal challenges delay or block enforcement, the New Rule become effective 120 days after publication in the Federal Register. According to the FTC, the New Rule...

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The EB-5 Immigrant Investor Program provides a pathway for foreign investors to obtain a green card by investing in job-creating projects in the United States. One of the fundamental aspects of this program is the ‘at-risk’ requirement, which determines an investment’s eligibility.   USCIS requires that the investor’s capital be at at-risk throughout the investment period,...

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Family reunification is a core principle of the U.S. immigration system, allowing American citizens and lawful permanent residents (green card holders) to sponsor their close relatives for green cards. This process can be complex, with various visa categories and specific requirements. In this comprehensive guide, we’ll explore who can petition for family members, the different...

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Can I Make a Partial Investment in the EB-5 Program? The EB-5 Investor Program allows visas to be made available to qualified immigrants who have invested or are actively in the process of investing capital in a New Commercial Enterprise (NCE). The latter category is often described as a partial investment. A partial investment is...

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In January we reported that USCIS had agreed to this as part of a major settlement. If you file the applications together, they will adjudicate H-4, H-4 EADs, and L-2 with the I-129 (H-1B or L-1). Despite the agreement under the Edakunni settlement, the H-4/L-2 are not always processed in tandem with the principal Form...

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Foreign investors have two options when investing in an EB-5 project. They can either invest through a USCIS-designated regional center or invest directly in an EB-5 project.  The EB-5 investment amounts are either $800,000 or $1,050,000, depending on whether the investor invests in a rural, high-unemployment, or infrastructure project. These investments are directed into a...

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As an experienced Immigration Attorney, I have been drafting PERMs for IT staffing companies for over a decade.  However, recently the Department of Labor (DOL) began questioning my travel requirements, despite no changes in the law etc. In cases where employees work at client locations through an IT staffing company, I typically list the employer’s...

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Discover how EB-5 Regional Centers drive economic development through job creation and capital investment in targeted areas. EB-5 Regional Centers- What Are They and What Do They Do? EB-5 investors can invest directly. Or, they can invest through an EB-5 regional center. Regional centers are in the U.S. They foster job creation and economic development...

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