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This article initially set out to compare the pros and cons of filing an Immigrant Petition for a foreign national spouse (Form I-130) versus a fiancé(e) visa (Form I-129F). However, while reviewing the estimated processing times on the USCIS website, the path is no longer clear.  In general, fiancé(e) visas had a shorter processing time,...

Once a private securities offering is ready to launch, issuers and fund managers must tackle the challenge of raising capital. Registered broker-dealers play a significant role in securities offerings by connecting issuers with potential investors. However, an increasing number of unregistered capital raisers, finders, agents, and individuals with similar titles claim they can assist issuers...

Using proceeds from a property sale is a viable strategy for meeting the EB-5 investment requirements. Here’s how investors can leverage this method:  Property Valuation and Sale:  Obtain a professional and accurate appraisal of the property to determine the market value of the property  Engage with a real estate professional to list and sell the...

The Foreign Labor Application Gateway, commonly known as FLAG, is the centralized hub for all immigration-related processes concerning employment-based applications, including PERM processing. FLAG serves as a comprehensive platform for submitting and managing prevailing wage requests, Labor Condition Applications (LCAs), and other essential immigration documentation.  FLAG recently updated its processing times and unfortunately, they remain...

In June we reported that the Biden administration had announced a parole-in-place program to help unite families.  This new initiative aimed to benefit those married to a U.S. Citizen who had entered without admission or parole and had continuously resided in the U.S. for at least 10 years as of June 17, 2024. Although precise...

Ever since USCIS revoked its 2010 policy memorandum for determining the employer/employee relationship, I strongly believe that sponsoring your own H-1B visa is possible. However, many have been reluctant to attempt this, and for good reasons. For a long time, USCIS required petitioners to meet multiple criteria to demonstrate the existence of an employer/employee relationship,...

In private fund formation, fund managers face a critical decision: whether to structure their fund as a traditional blind pool fund or a deal-by-deal fund. Each structure offers distinct benefits and challenges, catering to different issuers, investors, and strategies. Understanding the key characteristics, advantages, and disadvantages is crucial for fund managers to select the vehicle...

 Since the passage of the EB-5 Reform and Integrity Act in March 2022, EB-5 investors are allowed to file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with Form I-526 or I-526E, provided a visa would be immediately available to them upon petition approval. This means that if the investor’s priority date...