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March 6 2024

Update On Mandamus Actions

Mandamus ActionsWe continue to file mandamus actions in court for a resolution of EB-5 investor visas – both I-526 and I-829 applications. While some cases take longer, recently upon filing a mandamus action, USCIS has granted these applications:New York – I-829: 17 daysSan Francisco – I-829: 18 daysSan Jose –...

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October 16 2023

Expediting I-829 Removal of Conditional Resident Status

USCIS has over 10,000 I-829 EB-5 investor visa applications on file. They sit on the USCIS shelf for 4 years or more.For a decision, to finally settle one’s immigration and apply for U.S. citizenship, I often file a “Mandamus” action in court. These actions are usually successful as there is...

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April 25 2023

New EB-5 Set Aside Program for People Born in India or China

The EB-5 investor green card process has been in effect for over 20 years. About a decade ago, it became very popular with people in China and more recently people born in India. Since then, many have applied, far more than the 10,000 visas that are available each year for...

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March 15 2023

Clarification on H-1B Layoffs

The USCIS has finally provided some clarification about its policy on maintaining H-1B status for those who are laid-off/terminated. The rules provide that one has a grace period of up to 60 days in H-1B status after a layoff or other “cessation of employment.” While one is in the grace...

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February 23 2023

Thoughts on Extraordinary Ability and National Interest Waivers

For employment-based immigrations, usually, one must have an employer who files aLabor Certification with the Department of Labor (DOL) for the employer to prove workershortage. The EB-1 extraordinary ability and outstanding researcher as well as the EB-2National Interest Waiver (NIW) classifications exempts the immigrant from the slow DOLprocess, and EB-1s...

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