Mark A Ivener, A Law Corporation

Latest News

D.C. Judge Rules Loan Proceeds Are Cash In Wang Case?

U.S District Judge Trevor N. McFadden declared that a Chinese citizen’s investment of loan proceeds in the U.S. holds up as a cash investment and can be used to qualify her for for the EB-5 program. This determination was a direct rejection of the stance held by USCIS that loan money should be considered debt… Read More

Review of 2018 Changes to EB-5 Part 2: Changes to the Regional Center Program

In my last article we discussed obstacles and issues that faced the EB-5 program in 2018. These issues have largely arisen due to larger political factors, which recently resulted in a 35 day government shutdowns that just ended last week and drove volatility into basically all immigration conversations. The Regional Center Program has not been… Read More

Review of 2018 Changes to EB-5

2018 was an interesting, and not altogether positive, year for the EB-5 program. Frequent political battles impeded the creation of a long term extension for the Regional Center program, wait times for Vietnam and India continued to increase and the program continued to be largely unusable for Chinese citizens (unless they are willing to wait… Read More

Immigration Alert: Immigration Filing Fees To Increase

The Department of Homeland Security has published a new rule, effective December 23, 2016, that raises immigration filing fees. The last time USCIS updated the fee schedule was on November 23, 2010. The current USCIS fee schedule and the new fees, effective in December, are displayed in the table below. Form Title Current Fee New Fee… Read More

State Dept. Announces Potential Visa Availability in the Coming Months

The Department of State’s Visa Bulletin for the month of October 2016 provided an overview of potential visa number availability in the coming months: EB-1: Current EB-2: Worldwide: Current China: Up to three months India: Up to four months EB-3: Worldwide: The rapid forward movement of this final action date during the past year should… Read More

State Dept. Announces Expiration of Two Employment-Based Visa Categories

The Department of State’s Visa Bulletin for the month of October 2016 announced the expiration at the end of September of the employment fourth preference “Certain Religious Workers (SR)” category and the I-5 and R-5 employment fifth preference categories. Employment fourth preference SR. The non-minister special immigrant program expires on September 30, 2016. No SR… Read More

ICE Extends and Adds to Employment Authorization for Certain Syrian F-1 Nonimmigrant Students

  In an earlier notice, the Department of Homeland Security’s Bureau of Immigration and Customs Enforcement (ICE) suspended certain requirements for F-1 nonimmigrant students whose country of citizenship is Syria and who have been experiencing severe economic hardship as a direct result of the civil war in Syria since March 2011 (PDF). A new notice… Read More

DHS Announces Annual Limit for CNMI Transitional Workers

The Department of Homeland Security (DHS) announced on September 2, 2016, that the numerical limitation for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) nonimmigrant classification for fiscal year (FY) 2017 (October 1, 2016, through September 30, 2017) is set at 12,998. The notice (PDF) announces the mandated annual reduction of the CW-1… Read More

DHS Alerts Employers Re Documentation Options in Wake of Flooding

The Department of Homeland Security (DHS) issued a notice on September 9, 2016, stating that the agency “is aware of the hardship and ongoing recovery efforts resulting from the recent flooding in areas such as Louisiana and Texas.” DHS noted that individuals from these affected areas who need to replace lost or damaged documents can… Read More

DHS Updates Lists of Officials Authorized to Perform Various Immigration Functions

The Department of Homeland Security (DHS) amended its regulations (PDF) on September 9, 2016, to update provisions that list specific immigration officials authorized to perform various immigration functions, including the issuance of notices to appear, warrants of removal, and arrest warrants. DHS said the lists are outdated and do not reflect the current DHS organizational… Read More