In certain cases, an immigrant visa applicant will receive a notice at the conclusion of the consular interview informing them that their case has been placed on hold pending administrative processing under section 221(g) of the U.S. Immigration and Nationality Act....
Green Card Processing in the U.S. vs Abroad
The Legal Permanent Resident (“LPR”) or green card application process involves at least two steps: 1) the immigrant visa classification petition and 2) screening for admission as a permanent resident. Step two can be pursued in two alternate ways – one from inside...
Wage Requirements for H-1B Employees
U.S. Labor Department (USDOL) regulations affecting the employment of H-1B nonimmigrants require an employer to explicitly document that the H-1B employee is not paid less than American workers in the same position at the employer’s worksite. The pay plus benefits for...
Employer Profitability Needed for Green Card Sponsorship
An employer sponsoring an immigrant for legal permanent residence, or a green card, must provide proof that it has the ability to pay the required wage to the sponsored immigrant employee. Proof of ability to pay must be created from the time the priority date is...
Miller Mayer’s Steve Yale-Loehr Quoted re EB-5, Immigration Controversies
Miller Mayer immigration attorney Steve Yale-Loehr was quoted by China Daily regarding the recent one-week EB-5 program extension. "Congress did this to give itself more time to try to resolve some big-ticket items like additional funding for the military and...
Congress Poised to Extend EB-5 Regional Center Program Until September 30 Without Changes
Congress is poised to extend the EB-5 regional center program through September 30, 2017, without any changes. Here is how we got to this point: On April 28, 2017, the U.S. Congress passed a one-week stopgap funding bill to prevent a government shutdown and the...
Miller Mayer in the News
Miller Mayer attorney Carolyn Lee authored an article on USCIS’s new Regional Center Compliance Audit Program. The article was published in The National Law Review on March 30. To learn more about what this means for EB-5, you can read the article here:...
President Trump Signs Revised Immigration ‘Travel Ban’ Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily
President Donald Trump signed a new immigration "travel ban" executive order on March 6, 2017, effective March 16. The new order, which has been temporarily blocked, revokes a previous executive order signed on January 27, 2017, and reduces to six, from the previous...
Tips for Surviving in a Time of Immigration Uncertainty
By Dan Berger and Stephen Yale-Loehr[1] We planned to write a blog about the revised travel ban Executive Order as soon as it came out. That the revised order was delayed for several weeks until March 6 highlights the uncertainty we face in 2017.[2] Below we try to...
Ninth Circuit Blocks Entry Ban: Recent Developments re Trump Administration’s Executive Order
Below is a summary of the rapidly developing immigration-related actions of the Trump administration, and related counteractions. The situation remained fluid as of press time: President Trump signed an executive order on January 27, 2017, "Protecting the Nation from...
