November 2019


E Visas for French Citizens Reduced to 25 Month

Effective 11/12/19, per revisions to the visa schedule for France, the maximum validity of E-1 and E-2 visas for French nationals, including derivatives, is now 25 months.

E-2 Visa Information: The E visa is available to applicants from a treaty country. The E Visa requires enterprise possess the treaty country nationality of its owner, and the enterprise’s owner have invested or is actively in the process of investing in the US [See 9 FAM 41.51 N8], you may qualify for an E-2 visa. Our mission is for you to establish and me to show the U.S. enterprise is real and operating [See 9 FAM 41.51 N9] and the investment is substantial [See 9 FAM 41.51 N10]. Applying for the E-2 visa abroad is recommend for persons who need to travel. An E-2 Petition to the USCIS can only grant E-2 status and will not provide a E-2 visa for travel. The E-2 visa issuance at the U.S. Embassy is a two-step process. First, the U.S. company is qualified as a E-2 company. Second, the applicant is shown to be a qualifying principal. Although, a two-step process, we submit the company information and the visa application of the principal investor of the company to the U.S. Embassy at the same time.

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USCIS Issues Guidance on Adjustments by Individuals Whose Conditional Permanent Residence Has Been Terminated

USCIS issued policy guidance on when USCIS may adjust the status of an individual whose Conditional Permanent Resident (CPR) status has been terminated. This guidance applies to adjustment of status applications filed with USCIS on or after 11/21/19.

USCIS issued policy guidance on the application of Matter of Stockwell, clarifying when USCIS may adjust the status of an individual whose Conditional Permanent Resident (CPR) status has been terminated. An immigration judge does not need to affirm the termination of CPR status before the individual can file a new adjustment of status application. This guidance applies to adjustment of status applications filed with USCIS on or after 11/21/19. Comments are due by 12/5/19.

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EB-5 Final Rule USCIS Policy Manual EB-5 Revision

The EB-5 New Rule Brings Significant Changes to EB-5 Program effective November 21, 2019. USCIS revised its policy guidance in the USCIS Policy Manual to align with the EB-5 Immigrant Investor Program Modernization Final Rule, published on July 24, 2019, and effective Nov. 21, 2019.

USCIS updated the USCIS Policy Manual to conform with the EB-5 Final Rule provisions, which include:

  • Priority date retention for certain EB-5 immigrants;
  • An increase in minimum investment amounts;
  • Reforms to targeted employment area designations; and
  • Clarification of USCIS procedures for the removal of conditions on permanent residence.

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DHS Admits Poland into the Visa Waiver Program

DHS announced that Poland has been designated into the Visa Waiver Program (VWP). Starting November 11, 2019, citizens and nationals of Poland will be able to apply to travel to the United States for tourism or business purposes for up to 90 days without obtaining a U.S. visa.

On November 6, 2019, Acting Secretary of Homeland Security Kevin K. McAleenan, in coordination with Secretary of State Mike Pompeo, designated Poland into the Visa Waiver Program (VWP). Starting November 11, 2019, citizens and nationals of Poland will be able to apply to travel to the United States for tourism or business purposes for up to 90 days without obtaining a U.S. visa. A strong and vibrant economy is essential to United States national security. According to the U.S. Travel Association, 23 million travelers arrived through the VWP in 2017, whose spending generated $190 billion in economic activity and supported nearly one million jobs.

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Completing Form I-9 Documentation for TPS Beneficiaries

USCIS issues TPS and DED beneficiaries a Form I-766, Employment Authorization Document (EAD) if the beneficiary requests one. These employees may present this EAD or any other combination of documents from the List of Acceptable Documents to complete Form I-9. Employees do not have to provide proof that they are a national of a country that has been designated for TPS or DED.

In addition, USCIS Extended TPS Documentation for Six Countries with a chart that employers can use to determine which documents a current TPS beneficiary from El Salvador, Haiti, Honduras, Nepal, Nicaragua, or Sudan, may present when completing or updating Form I-9, as well as the new expiration date of their automatically extended EADs.

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DHS Extends Validity of TPS Documentation for Six Countries

USCIS announced that DHS, in compliance with preliminary injunctions in ongoing litigations, has extended the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan though January 4, 2021.

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USCIS Adjustment of Status Filing Dates for November 2019

USCIS determined for that November 2019, F2A applicants may file using the Final Action Dates chart for November 2019. Applicants in all other family- and employment-based preference categories must use the Dates for Filing charts.

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Congress Continuing Resolution Extends EB-5, EB-4, & Conrad 30 Until November 21, 2019

On September 26, 2019, Congress passed a continuing resolution funding the federal government until November 21, 2019. Once signed into law by the president, it will also extend certain immigration programs set to expire on September 30, 2019, including the EB-5 Regional Center Program, the EB-4 Special Immigrant Non-Minister Religious Worker Program, and the Conrad 30 Waiver Program, through November 21, 2019.

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