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Minnie FuBlog Posts

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Trump Administration Seeks to Crack Down on “Birth Tourism”

The Trump Administration is turning its attention to birth tourism again. President Trump was reportedly considering trying to end the practice with an executive order or by way of a constitutional challenge. But accomplishing the goal through regulation has been on the Department of State’s (DOS) agenda. DOS published a final rule on January 24, 2020 that clarifies... Continue Reading
January 27, 2020

Ready for REAL ID?

October 1, 2020, is the REAL ID deadline, and most people will not be able to board even a domestic air flight in the U.S. without either a REAL ID-compliant driver’s license or a passport. Congress passed the REAL ID Act in 2005 based on recommendations from the 9/11 Commission. The Transportation Safety Administration (TSA)...… Continue Reading
September 19, 2019

Changes to EB-5 Investor Visa Program

USCIS has published its new final rule significantly changing the EB-5 Immigrant Investor Program to address concerns about fraud, abuse, and national security risks. The new regulations will become effective on November 21, 2019. The EB-5 Investor Visa Program was created almost 30 years ago to incentivize foreign investments and create jobs in the United...… Continue Reading
July 25, 2019

EB-5 and Its European Counterpart Subject to Expected Changes, Oversight

In June 2018, Congress held a hearing on “Citizenship for Sale: Oversight of the EB-5 Investor Visa Program.”  The current EB-5 program allows wealthy individuals to apply for and obtain green cards by investing anywhere from $500,000 to $1,000,000 in U.S. enterprises.  Like any other green card holders, after five years, the beneficiaries can apply...… Continue Reading
March 1, 2019

F-1 Student Visa, Optional Practical Training Risks Continue

Although there have been discussions for some time that the Trump Administration would change the rules regarding Optional Practical Training (OPT), OPT did not show up in the most recent “regulatory agenda.” Nevertheless, the Administration has been putting limits on F-1 students in other ways. Those changes, at least in part, are responsible for a...… Continue Reading
November 19, 2018

USCIS Announces FY 2019 H-1B Cap Reached, Total Down Slightly

USCIS received 190,098 H-1B petitions during the first week of April. The cap has been reached every year for the past six years but the total is down from last year’s total of 199,000. The Service conducted its computer-generated random selection process on April 11th.  In line with its usual practice, USCIS conducted the master’s...… Continue Reading
April 12, 2018

Insights: Options for Haitians in TPS

In May, the Temporary Protected Status (TPS) program for Haitians was extended for six months, until January 22, 2018. Generally extended in 18-month intervals, then-Secretary of Homeland Security John Kelly had extended the Haitian TPS for six months only because “Haiti has made progress across several fronts since the devastating earthquake . . . [and]...… Continue Reading
October 5, 2017

Federal Government Targets H-1B Visa Fraud by Employers with Focus on Outsourcing

In line with its focus on compliance and enforcement of existing laws, the Trump Administration has announced measures to “deter and detect H-1B visa fraud and abuse” and to protect American workers just as thousands of H-1B visa petitions are inundating USCIS Service Centers on April 3 (the beginning of the H-1B season for FY … Continue Reading
April 4, 2017

State Department May Revoke Visa for DUI Arrest without Determination of Guilt

Individuals who hold nonimmigrant visas in the U.S. are likely to face severe consequences if arrested for Driving Under the Influence (DUI) or a related offense, based on the recently released guidance from the U.S. Department of State (DOS). Earlier this year, DOS made public all unclassified content in Volume 9 of its Foreign Affairs … Continue Reading
July 19, 2016

Employers Risk Higher Penalties for Hiring Unauthorized Workers

The U.S. Department of Justice is increasing civil monetary penalties substantially for employers who knowingly employ an unauthorized worker and for certain other immigration-related violations, according to an interim final rule the Department has published. The rule will take effect on August 1, 2016, and will apply to violations occurring after November 2, 2016. The … Continue Reading
July 6, 2016

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