Immigration Law Blog
Posted by Tony Olson
17-Jun-2024
Dual citizenship permitted in Germany from June 27, 2024
On June 27, 2024, a new law will come into effect in Germany that will allow German citizens to acquire citizenship in another country without losing their German citizenship. Until now, it was ...Posted by Tony Olson
04-Feb-2024
USCIS will implement substantial filing fee increases soon
On January 31, 2024, USCIS published its final rule for changing its filing fees and announced that April 1, 2024, will be the day when the new fees come into effect. The fee changes include some ...Posted by Tony Olson
26-Sep-2022
EB-5 RCs’ lawsuit against USCIS settled, all EB-5 RCs reinstated
The EB-5 Immigrant Investor Program is now fully up and running again, and EB-5 investors can file new I-526 petitions. This comes as a result of EB-5 regional centers and USCIS agreeing on a ...Posted by Tony Olson
06-Jul-2022
Federal Court requires USCIS to reinstate EB-5 Regional Centers
There is good news for intending EB-5 investors and the EB-5 industry: on June 24, 2022, the U.S. District Court for the Northern District of California blocked USCIS from enforcing its misguided ...Posted by Tony Olson
15-May-2022
Concurrent filing for adjustment of status is now here!
I am pleased to announce that USCIS is accepting concurrent filing of I-485 applications for adjustment of status by EB-5 investors whose I-526 petition is still pending. Just to review, after ...Posted by Tony Olson
12-Mar-2022
Finally, the Regional Center EB-5 Program is Back!
After 8.5 months of nervous anticipation, the regional center EB-5 program is coming back. The EB-5 Reform & Integrity Act of 2022 was attached to the Consolidated Appropriations Act, 2022, ...Posted by Tony Olson
05-Dec-2021
Contentious negotiations delay the EB-5 program renewal
Unfortunately, the regional center EB-5 program was, once again, not extended because it was not included in the must-pass continuing resolution for funding of the U.S. government, which needed ...Posted by Tony Olson
15-Oct-2021
Final Details Emerge about the Lifting of the Covid-19 Entry Bans
Today, the Biden Administration answered the questions that lingered from its previous announcement that it will lift the COVID-19-based entry bans for fully vaccinated travelers in the beginning ...Posted by Tony Olson
07-Oct-2021
Why was the regional center EB-5 program once again not extended?
Last week, Congress passed the continuing resolution that served to fund the U.S. government until December 3, 2021, but the continuing resolution did not contain a provision for extending the ...Posted by Tony Olson
21-Sep-2021
Finally, the COVID-19 Travel Bans are ending!
Finally, the moment that we have been waiting for: the Covid-19 Travel bans will be lifted in the beginning of November! The bans are being lifted for all countries and regions currently covered ...Posted by Tony Olson
07-Jul-2021
The State Department extends the validity of previously issued National Interest Exceptions
There is finally a small opening in the COVID travel bans. Yesterday, the U.S. State Department announced a new policy of automatically and retroactively extending all previously approved ...Posted by Tony Olson
06-Jul-2021
USCIS's EB-5 Regulations are invalidated (for now) by a federal court
As if there were not enough drama surrounding the EB-5 Immigrant Investor Program (the “regional center EB-5 program”), with the impending lapse of the program coming on June 30, 2021, then, on ...Posted by Tony Olson
06-Jul-2021
Congress allowed the EB-5 Immigrant Investor Program to lapse. What now?
As you probably already know, the EB-5 Immigrant Investor Program, i.e., “the regional center EB-5 program”, is a temporary program that must be renewed by Congress in order to remain in effect. ...Posted by Tony Olson
07-Mar-2021
Change in State Department's Policy creates roadblock for Europeans seeking a new visa or a visa renewal
Last week, the Biden Administration restricted the qualifying justifications for approval of a National Interest Exception (“NIE”) to the COVID-based travel bans, to which countries in the ...Posted by Tony Olson
25-Feb-2021
President Biden has now revoked Former President Trump's "Immigration Ban"
Yesterday, February 24, 2021, President Biden revoked Former President Trump’s “Immigrant Ban”, pursuant to Proclamation 10014 from April 22, 2020, and its subsequent extensions in Proclamation ...Posted by Tony Olson
22-Jan-2021
Update on President Biden’s Immigration-Related Executive Actions and Legislative Initiatives
Many Americans, who value our democratic institutions and traditions, who value the rule of law, equality, and tolerance, were outraged at Trump’s and his supporters’ corrupt and violent attempts ...Posted by Tony Olson
30-Dec-2020
Extension of the EB-5 Program to June 30, 2021, and other Updates
We are pleased to report that the regional center-based EB-5 Immigrant Investor Program has been extended, without change, by 6 months to June 30, 2021. There was, however, drama leading up to ...Posted by Tony Olson
27-Nov-2020
Biden's immigration reforms: help is on the way!
Biden’s Immigration Plans: Relief is on the Way for Immigrants, their Employers, and economically struggling Communities that could benefit from Immigrants As we celebrate Thanksgiving this ...Posted by Tony Olson
06-Oct-2020
USCIS's Fee Increase is on hold for now
On September 29, 2020, just 3 days before USCIS's planned fee increase would have taken effect, the U.S. District Court for the Northern District of California in Immigration Legal ...Posted by Tony Olson
01-Oct-2020
Extension of the EB-5 Immigrant Investor Program to December 11, 2020
We are pleased to announce that the EB-5 Immigrant Investor Program has now been extended to December 11, 2020. The Continuing Resolution (“CR”), which provides funding for the federal ...Posted by Tony Olson
11-Sep-2020
USCIS is not furloughing 70% of staff, but fees will increase soon
USCIS has called off the previously announced furlough of 13,400 employees, 70% of its staff, which would have taken effect on August 30, 2020. Please click here to see the news release on ...Posted by Tony Olson
23-Jun-2020
Trump's latest executive order bans new issuance of certain work visas
Yesterday, June 22, 2020, President Trump issued an executive order that will freeze the new issuance of H-1B specialist worker visas, H-4 visas for dependents H-1B workers, L-1 transfer visas, ...Posted by Tony Olson
22-Jun-2020
Trump's latest ban on nonimmigrant work visas
Today, June 22, 2020, President Trump issued an executive order that will stop the issuance of new H-1B specialist worker visas, H-4 visas for dependents H-1B workers, L-1 transfer visas, as well ...Posted by Tony Olson
19-Jun-2020
US Supreme Court Briefly Stops Trump Gov from Ending DACA
Yesterday, June 18, 2020, the U.S. Supreme Court decided, in a 5-4 decision with Chief Justice John Roberts casting the deciding vote and writing the majority opinion, that the Trump ...Posted by Tony Olson
09-Jun-2020
USCIS plans major fee increases for many case types. Now is the time to file for naturalization and certain other case types for which major fee increases are planned!
On November 14, 2019, USCIS announced its plans to increase the filing fees for many case types by publishing tables of the proposed new fees and the justifications for the changes in the Federal ...Posted by Tony Olson
31-May-2020
USCIS Announces the Resumption, in Stages, of Premium Processing for I-129 and I-140 Petitions
USCIS has announced that it will resume Premium Processing of I-129 and I-140 petitions in stages over the course of June 2020. Just to clarify, Premium Processing is the expedited processing of ...Posted by Tony Olson
03-May-2020
Bipartisan Proposal in Senate to offer permanent residence to Physicians and Nurses
A bipartisan group of senators has sponsored a new bill to allocate 40,000 green cards for the immigration of physicians and nurses who can assist in treating patients with COVID-19. This program ...Posted by Tony Olson
23-Apr-2020
Who will be impacted by Trump's executive order "suspending immigration"?
In the evening of Wednesday, April 22, 2020, President Trump signed the Executive Order “Suspending immigration” that he had announced two days previously. After reviewing the text of the signed ...Posted by Tony Olson
22-Apr-2020
What visa and green card processes will be impacted by Trump's Executive Order "Suspending Immigration"?
Trump’s announcement by tweet to “suspend immigration into the United States” by executive order has applicants for visas and green cards in all categories concerned about what this means for ...Posted by Tony Olson
02-Apr-2020
How can I still fly to my home country during the Coronavirus/COVID-19 travel ban?
Although it seems that all international travel has been shut down during the Coronavirus/COVID-19 Crisis, there are still international flights to and from certain international airports ...Posted by Tony Olson
28-Mar-2020
What if I cannot depart from the U.S. to renew my E-2 status?
The various travel bans and resulting cancelled flights have made it practically impossible to travel out and return on an E-2 visa. Since E-2 visa holders renew their status by leaving and ...Posted by Tony Olson
28-Mar-2020
What can I do if I cannot depart before my tourist status expires?
The COVID-19 Coronavirus Crisis and the resulting travel bans, in the U.S. and abroad, have made it very difficult for tourists to return to their home country before the expiration date of their ...Posted by Tony Olson
24-Jul-2019
It's official: USCIS will increase the EB-5 minimum investment amount to $900,000
USCIS published on July 24, 2019, new EB-5 regulations, which will increase the minimum required investment amount to $900,000, effective November 21, 2019. In order to qualify based on the ...Posted by Tony Olson
15-Feb-2019
Extension of the EB-5 Immigrant Investor Program to September 30, 2019
We are pleased to announce that the EB-5 Immigrant Investor Program has now been extended to September 30, 2019, with the minimum required investment amount remaining at $500,000. The ...Posted by Tony Olson
26-Jan-2019
Extension of the EB-5 Immigrant Investor Program to February 15, 2019
We are pleased to announce, after a very frustrating lapse of over 36 days, that the EB-5 Immigrant Investor Program is now being extended to February 15, 2019, with the minimum required ...Posted by Tony Olson
28-Sep-2018
Extension of the EB-5 Immigrant Investor Program to December 7, 2018
We are pleased to announce that the EB-5 Immigrant Investor Program has been extended to December 7, 2018, with the minimum required investment amount remaining at $500,000. Nevertheless, ...Posted by Tony Olson
24-Mar-2018
Extension of the EB-5 Program to September 30, 2018
We are pleased to announce that the EB-5 Immigrant Investor Program has been extended to September 30, 2018, with the minimum required investment amount remaining at $500,000. We had a close ...Posted by Tony Olson
09-Feb-2018
Update On The EB-5 Immigrant Investor Program - February 2018
We are pleased to announce that the EB-5 Immigrant Investor Program has been extended to March 23, 2018, with the minimum required investment amount remaining at $500,000. Fortunately, so far, ...Posted by Tony Olson
23-Jan-2018
Update on the EB-5 Immigrant Investor Program - January 23, 2018
We are pleased to announce that the EB-5 Immigrant Investor Program, after a brief lapse of three days, has been extended to February 8, 2018, with the minimum required investment amount ...Posted by Tony Olson
22-Dec-2017
Extension of the EB-5 Immigrant Investor Program to January 19, 2018
We are pleased to announce that the EB-5 Immigrant Investor Program has been extended to January 19, 2018, with the minimum required investment amount remaining at $500,000. However, I am very ...Posted by Tony Olson
09-Dec-2017
Update on the EB-5 Immigrant Investor Program - December 2017
We are pleased to announce that the EB-5 Immigrant Investor Program has been extended, albeit for just a short time, to December 22, 2017, with the minimum required investment amount remaining at ...Posted by Tony Olson
12-Apr-2017
Lifting of Trump's hiring freeze is good news for EB-5 investors
NPR reports that President Trump has lifted the freeze that he had previously placed on the hiring of federal workers. Click here to view that news story. The lifting of the hiring ...Posted by Tony Olson
05-Feb-2017
Status of Trump's executive order banning citizens of seven countries
It has been a very momentous week as Americans and the rest of the world have tried to make sense of the ramifications of one of Trump's executive orders on immigration, which had the effect of ...Posted by Tony Olson
24-Jan-2017
USCIS's Proposed EB-5 Required Investment Amount Increase On Hold For Now
Just to update you on USCIS's proposal to increase the minimum required investment amounts under the EB-5 program, immediately upon taking office, President Trump placed a moratorium on all ...Posted by Tony Olson
12-Jan-2017
USCIS Publishes Draft Regulations To Increase Drastically The Minimum Required Investment Amount
On January 11, 2017, USCIS published a draft of regulations with which it intends to increase the minimum required investment amount, for investments in Targeted Employment Areas ("TEAs"), to ...Posted by Tony Olson
12-Dec-2016
EB-5 Program Extended To April 28, 2017, at $500,000 Minimum Investment Amount
We are pleased to announce that the EB-5 program has been extended to April 28, 2017, with the minimum required investment amount remaining at $500,000. I would caution anyone who is interested ...Posted by Tony Olson
25-Oct-2016
USCIS raising the filing fees for most cases on December 23, 2016
USCIS filing fees will increase for all cases filed on or after December 23, 2016. Some fees are increasing significantly like the I-526 filing fee that is increasing by $2,175, and the I-601 ...Posted by Tony Olson
25-Oct-2016
USCIS will raise the filing fee for the I-526 petition
Yesterday, USCIS promulgated its final rule on its proposed fee increases. As it originally proposed, USCIS will increase the filing fee for the I-526 petition from $1,500 to $3,675, The fee ...Posted by Tony Olson
30-Sep-2016
EB-5 Immigrant Investor Program Extended to December 9, 2016
We are pleased to announce that the EB-5 program has been extended by 72 days to December 9, 2016, with the minimum required investment amount remaining at $500,000. I would recommend that anyone ...Posted by Tony Olson
18-Aug-2016
The L-1A Manager Visa/EB-1C Multinational Manager Green Card vs. the EB-5 Regional Center Green Card
L-1A manager transfer visa and EB-1C multinational manager green card A company that operates actively in a foreign country may transfer an owner/manager or executive to a U.S. affiliate or ...Posted by Tony Olson
16-Apr-2016
EB-5 FAQs
What is a regional center? A “regional center” is defined by the United States Citizenship & Immigration Services (USCIS) as “an entity, organization, or agency” that USCIS has approved as ...Posted by Tony Olson
18-Dec-2015
EB-5 Regional Center Program Extended With $500,000 Investment Amount
I am pleased to report that Congress approved, and President Obama signed into law, today an extension of the EB-5 regional center program until September 30, 2016, under the existing ...Posted by Tony Olson
17-Oct-2015
Regional Center EB-5 program extended briefly with the $500,000 investment amount
I am pleased to report that, on September 30, 2015, Congress temporarily extended the EB-5 regional center program until December 11, 2015, under the existing requirements, namely the minimum ...Posted by Tony Olson
18-May-2015
Possible Increase in the Minimum Required Investment Amount under the EB-5 Program
As you may know, the EB-5 Immigrant Investor Program, i.e., the regional center part of the EB-5 program, is a program that sunsets, or expires, every few years. The upcoming expiration date is ...Posted by Tony Olson
11-May-2015
What are the most important immigration legal aspects of regional centers to consider when selecting a regional center?
What are the most important immigration legal aspects of regional center that you need to consider when deciding in which regional center to invest? First and foremost, the EB-5 investor needs to ...Posted by Tony Olson
06-Apr-2015
What is a Regional Center?
A “regional center” is defined by the United States Citizenship & Immigration Services (USCIS) as “an entity, organization, or agency” that USCIS has approved as a designated Regional Center ...Posted by Tony Olson
02-Mar-2015
What Family Members Can Immigrate Together Based on the same Investment?
When the EB-5 Immigrant Investor Program requires such a large investment of $900,000, it is understandable that the investor wants to bring as many family members as possible with just one ...Posted by Tony Olson
31-Dec-2014
Step-By-Step Description of the Immigration Process under the EB-5 Immigrant Investor Program
The EB-5 immigrant investor program enables foreign investors to qualify for a Green Card through a $900,000 investment in a Regional Center. The immigration process under the EB-5 Immigrant ...Posted by Tony Olson
30-Nov-2014
Do I want to Immigrate to the U.S. under the EB-5 Immigrant Investor Program?
Most people who consider whether to immigrate to the U.S. under the EB-5 Immigrant Investor Program go through a process of researching and soul searching, thinking about just how badly they want ...Posted by Tony Olson
27-Mar-2014
Does the Location of a Regional Center's Headquarters or the Regional Center's Project Matter?
EB-5 investors often wonder about how important the location of a regional center’s headquarters or its project is for the success of their immigration process. The location of the regional ...Posted by Tony Olson
27-Mar-2014
Can I take out a loan in order to make my EB-5 investment?
Yes, you can invest funds obtained from a loan; however, you must meet strict requirements regarding the loan. First, the loan has to be secured by an asset owned by the EB-5 investor, the ...Posted by Tony Olson
27-Mar-2014
What guaranty is there that my investment will be repaid?
The regional center and the project operator are prohibited by USCIS from offering any kind of guaranty, since Congress created the EB-5 program based on the investor investing money, not lending ...Posted by Tony Olson
27-Mar-2014
Ways to Delay the Beginning of Conditional Permanent Residence
Sometimes people want to delay the beginning of the period of conditional permanent residence in the U.S. People might want to delay for various reasons such as coordinating the ending of the ...Posted by Tony Olson
27-Mar-2014
What Factors Are Important In Selecting An Immigration Attorney To Handle Your EB-5 Immigration Process?
The EB-5 immigration process is a complex area of immigration law, which requires in-depth knowledge of the statutes, regulations, and precedent decisions governing the EB-5 program, knowledge of ...Posted by Tony Olson
27-Mar-2014
How long does it take to get the money out of the EB-5 investment?
One of the top questions in the mind of every prospective EB-5 investor is “How long does it take to get my money out of the EB-5 investment?” To answer that question, we have to examine that ...Posted by Tony Olson
27-Mar-2014
How do EB-5 Regional Centers prove job creation?
The job creation methodology is the single most important aspect to consider when examining regional center programs. In order for an investor to qualify for removal of the conditions from his or ...Posted by Tony Olson
27-Mar-2014
How do I prove a lawful source of funds for the EB-5 Investor Green Card?
One of the key requirements for immigrating under the EB-5 immigrant investor program is proving that the investor derived the investment funds from a lawful source. The EB-5 investor must prove ...Posted by Tony Olson
14-Jul-2012
E-2 Investor Visa vs. EB-5 Investor Green Card
The E-2 Visa is a long-term, renewable, nonimmigrant work visa, available to investors from countries that have signed an investment treaty with the United States, including both the United ...Posted by Tony Olson
21-Jun-2012
Standard EB-5 vs. Regional Center EB-5
I would prefer to qualify for the EB-5 green card through investing in and operating my own business under the EB-5 program. How would that differ from investing under an EB-5 Regional ...Posted by Tony Olson
01-Feb-2012
Obtaining the EB-1 Green Card from L-1 Visa is Not Possible for Most Small Businesses
Many businesspeople, who plan to maintain a business in their home country, have started a small business in the U.S. with the plan to obtain permanent residence through the EB-1 Multinational ...Posted by Tony Olson
06-Jan-2012
How Much Time Must a Permanent Resident or Conditional Permanent Resident Spend in the U.S.?
This is the question commonly asked by people who are considering whether to apply for permanent residence in the U.S. There is no one size fits all answer to this question. Moreover, the issue ...Posted by Tony Olson
20-Mar-2011