Significant Legal Victories and Updates in Immigration Law
Presented by Mark A. Ivener, A Law Corporation – Your Trusted Guide Through Complex Immigration Matters
In recent months, some important changes in immigration law have emerged, affecting both businesses and individuals. At Mark A. Ivener, A Law Corporation, we stay up-to-date on these changes to provide you with clear guidance and effective representation. Here’s a look at some key cases and regulatory updates that might impact your immigration plans.
Key Legal Victories
- Mirror Lake Village Case: Clarifying EB-5 “At-Risk” Investments
- The D.C. Circuit Court of Appeals recently ruled that USCIS misunderstood the “at-risk” requirement for EB-5 investments, incorrectly labeling an investment as a “debt arrangement.” This decision now helps EB-5 investors by clarifying that investments can include certain debt features and still meet the “at-risk” standard required for EB-5 visas.
- Liu v. Wolf – Support for EB-5 Petitioners
- In this case, a federal court denied a government attempt to dismiss petitions for six EB-5 investors who had been waiting a long time. The court’s decision keeps these petitions active, showing that the court expects USCIS to process cases in a timely manner. This is a positive step for EB-5 investors facing delays.
- Guilford College Case – Protecting F-1 and J-1 Students
- A federal court blocked a policy that would have forced many F-1 and J-1 student and exchange visitors to leave the U.S. This decision supports the rights of international students and shows the court’s commitment to protecting students and cultural exchange programs from sudden policy shifts.
- Shalom Pentecostal Church Case – Victory for Religious Workers
- In a case about religious workers, the court overturned a restrictive USCIS policy, making it easier for religious workers to gain immigration benefits. This ruling is a significant win for religious groups and workers seeking to stay in the U.S.
- 3Q Digital Case – Expanding the Definition of “Specialty Occupation” for H-1B Visas
- This case challenged USCIS’s strict definition of “specialty occupation” for H-1B petitions. The court agreed with the petitioners, expanding the definition and allowing more occupations to qualify for H-1B status. This decision benefits employers who rely on skilled international talent.
Important Immigration Law Updates
- EB-5 Integrity Fund Fee Deadline
- For those involved in the EB-5 program, remember that the annual Integrity Fund Fee for 2025 is due soon. This fee is used to support oversight of the EB-5 program, ensuring that it remains fair and well-regulated. The fee is $20,000 for larger regional centers and $10,000 for smaller ones.
- Green Card Validity Extended for Renewals
- USCIS has extended the validity period of green cards for those renewing their cards to 36 months, instead of the previous 24 months. This change gives green card holders more time to maintain their status while waiting for their new cards, especially if processing times are delayed.
- Qatar Added to Visa Waiver Program
- Starting December 1, 2024, citizens of Qatar will be able to visit the U.S. for up to 90 days for tourism or business without needing a visa. This update makes travel easier for Qatari citizens and strengthens ties between the U.S. and Qatar.
What These Developments Mean for You
These recent court decisions and policy updates show that U.S. immigration laws are constantly changing. At Mark A. Ivener, A Law Corporation, we’re here to help you understand these changes and how they might affect you. Whether you’re an EB-5 investor, a business that hires skilled workers on H-1B visas, or someone renewing a green card, we can provide guidance and support.
Additional Key Legal Victories
Battineni v. Mayorkas – Protecting EB-5 Investors
In the groundbreaking case of Battineni v. Mayorkas, a federal court in Washington, D.C., rejected USCIS’s long-standing interpretation of the “path of funds” requirement for EB-5 investors. The court ruled that it is unnecessary to trace funds “back to persons or entities who provided the funds,” emphasizing only the immediate source of the investment matters. This decision significantly reduces the burden on EB-5 investors and is expected to influence future federal court cases, making it a critical precedent for immigration law practitioners and their clients.
Behring Litigation – Restoring Regional Centers
The Behring litigation was another landmark case that resulted in the reopening of the EB-5 Regional Center Program. This came after USCIS had unilaterally terminated all regional centers following the enactment of the EB-5 Reform and Integrity Act. This victory underscores the importance of judicial oversight in maintaining fair practices for EB-5 investors and regional centers.
Final Notes on Immigration Law Developments
At Mark A. Ivener, A Law Corporation, we are dedicated to helping our clients navigate these legal changes with confidence. The information contained in the above updates does not constitute legal guidance and does not create an attorney-client relationship. These updates reflect the ongoing shifts in immigration law, emphasizing the need for experienced counsel to protect your interests. If you have questions or require assistance, our team is here to provide guidance tailored to your unique situation.
