Insight, News, and Strategy on Immigration Matters Around the World
Portugal is designated an E-1/E-2 treaty country in the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (H.R. 7776/NDAA) passed by Congress on December 15, 2022. President Joe Biden is expected to sign the bill, providing Portuguese nationals E-1 and E-2 visa eligibility.
E-1 and E-2 visas are for treaty traders…
The new Deferred Action for Childhood Arrivals (DACA) final rule is in effect – to the extent permitted by court orders.
DACA allows temporary protection from deportation for undocumented immigrants who came to the United States under the age of 16. There are approximately 600,000 immigrants, known as “Dreamers,” who are protected by DACA.
The…
The EB-5 Immigrant Investor Program has gone through significant changes in 2022 due to the enactment of the EB-5 Reform and Integrity Act (RIA).
Created in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors, the EB-5 Program provides a path to permanent residence (a “green card”) based…
In Washington Alliance of Technical Workers v. DHS (WashTech), the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to three years following their graduation are valid. This decision comes after eight years of litigation.
In 2014, WashTech…
Marijuana still is considered a Schedule I drug under the federal Controlled Substances Act. A conviction under the Controlled Substances Act can lead to severe consequences for a non-U.S. citizen.
Under U.S. immigration law, any non-U.S. citizen who is convicted under the Controlled Substances Act, even green card holders, who participate or make investments…
Some Temporary Protected Status (TPS) holders will once again be able to overcome inadmissibility for adjustment of status purposes by traveling internationally because USCIS is updating its interpretation of MTINA, the Miscellaneous and Technical Immigration and Naturalization Amendment of 1991.
As of July 1, 2022:
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Temporary protected status (TPS) for Venezuelans already in the United States has been extended until March 10, 2024.
Venezuelan TPS was first announced by Secretary of the Department of Homeland Security Alejandro Mayorkas in March 2021 due to the country’s severe political and economic crisis. That status was set to expire on September 9, 2022,…
In response to high skilled labor shortages, the UK has announced a program aimed at attracting the “best and brightest” from around the world.
Under the new scheme, alumni of top non-UK universities who have graduated within the past five years can apply for the streamlined High Potential Individual (HPI) visa and have their cases…
The Jumpstart Our Legal Immigration System Act (Jumpstart), introduced by Zoe Lofgren (D-Calf.) in the House of Representatives, if passed, could revolutionize the green card process. The legislation would recapture thousands of unused family- and employment-based visas and allow beneficiaries to expedite their processes by paying additional fees.
The Jumpstart Act would help to…
The Marijuana Opportunity Reinvestment and Expungement (MORE) Act passed the House of Representatives on April 1, 2022. If passed by the Senate and signed by the President, the bill would clear marijuana-related convictions from people’s records and remove marijuana from the federal controlled substances list. The bill specifically prohibits the denial of benefits and protections…
