Is it easier to get a green card as a person of extraordinary ability given changes in United States Citizenship and Immigration Services (“USCIS”) policy announced on October 2, 2024? The short but lawyerly answer is maybe. What is certain is that the new updates to the USCIS Policy Manual provided clarifications on the types of evidence that may be used to demonstrate eligibility for the extraordinary ability (E11) classification under the EB-1 immigrant visa. The EB-1 visa, specifically the E11 category, is an immigration pathway for individuals with extraordinary ability in the arts, sciences, education, business, or athletics. To qualify, applicants must demonstrate that they have reached the top of their field, with sustained national or international acclaim.
Read moreDiversity Visa Lottery for Fiscal Year 2026 (DV-2026)
It’s that time of year again! The Diversity Visa Lottery for fiscal year 2026 (“DV-2026”) is live and has begun accepting registrations effective Wednesday, October 2, 2024, at 12:00 noon (EDT). The registration period for the DV Lottery, as it’s commonly referred to, concludes on Tuesday, November 5, 2024 at 12:00 noon (EST). Entries are only accepted electronically--paper entries through the US Postal Service will not be accepted. Keep in mind that the “law allows only one entry per person during each registration period.” Submitting multiple applications will result in disqualification, not better odds, and, yes, “the Department of State uses sophisticated technology to detect multiple entries.” It is recommended that foreign nationals not wait until the end of the period to apply as heavy demand could cause delays on the website.
Read moreNew Guidance on Immigration Medical Examination Validity Period
On April 4, 2024, US Citizenship and Immigration Services (“USCIS”) announced that effective immediately, any Form I-693, Report of Immigration Medical Examination and Vaccination Record, which was properly completed and signed by a civil surgeon on or after November 1, 2023, does not have an expiration date. The service noted that the Form can be used indefinitely to evidence that the applicant is “not inadmissible on health-related grounds.” This determination was made by USCIS in consultation with the Centers for Disease Control and Prevention (“CDC”) and “based on advances in public health electronic notification.”
Diversity Visa Lottery for Fiscal Year 2025 (DV-2025)
It’s that time of year again, The Diversity Visa Lottery for fiscal year 2025 (“DV-2025”) will begin accepting registrations at 12 noon EDT October 4, 2023. The registration period for the DV-2025 will conclude on Tuesday, November 7, 2023 at 12:00 noon (EST). It is recommended that foreign nationals not wait until the end of the period to apply as heavy demand could cause delays on the website. Entries are only accepted electronically, and not through the US Postal Service. Keep in mind that “law allows only one entry per person during each registration period” so submitting multiple applications will result in disqualification, not better odds, and yes, “the Department of State uses sophisticated technology to detect multiple entries.”
Read moreDiversity Visa Lottery for Fiscal Year 2024 (DV-2024)
It’s once again time for The Diversity Visa Lottery for fiscal year 2024 (“DV-2024”)! The online registration period for the DV-2024 began Wednesday, October 5, 2022, at 12:00 noon (EDT), and concludes on Tuesday, November 8, 2022, at 12:00 noon (EST). It is recommended that foreign nationals not wait until the end of the period to apply as heavy demand could cause delays on the website. Entries are only accepted electronically , they will not be accepted through the U.S. Postal Service. Keep in mind that submitting multiple applications will result in disqualification, not better chances, and yes, “the Department of State uses sophisticated technology to detect multiple entries.”
Read moreAs the US Opens for International Travel, Some Remain in Limbo
As previously reported, international travel to the United States was reopened for vaccinated visitors on Monday, November 8, 2021, as a result of President Biden’s Presidential Proclamation. Previously, tourists and visitors who were physically present in the United Kingdom, Ireland, countries in the European Schengen Area, Brazil, China, India, Iran, and South Africa during the fourteen-day period preceding their entry or attempted entry into US were subject to travel restrictions as a result of the COVID-19 pandemic. These restrictions, which barred entry for most non-US nationals have been officially lifted, for those who are fully vaccinated. Travel remains restricted for people who were vaccinated with non-WHO-approved vaccines, such as the Russian Sputnik V vaccine, and the Chinese CanSino vaccine.
Read moreDiversity Lottery for Fiscal Year 2023 (DV-2023)
Here we are again; it’s time for The Diversity Visa Lottery for fiscal year 2023 (“DV-2023”)! The online registration period for the DV-2023 Program began Wednesday, October 6, 2021, at 12:00 noon (EDT), and concludes on Tuesday, November 9, 2021, at 12:00 noon (EST). It is recommended that foreign nationals not wait until the end of the period to apply as heavy demand could cause delays on the website. Additionally, entries will not be accepted through the U.S. Postal Service. Submitting multiple applications will result in disqualification, and yes, “the Department of State uses sophisticated technology to detect multiple entries.”
Read moreUS Government Will Not Defend 2019 Public Charge Rule And Will No Longer Require Form I-944
On March 9, 2021, Alejandro N. Mayorkas, the Secretary of the Department of Homeland Security (DHS), announced that the US government consistent with Executive Order 14012 will no longer defend the 2019 Public Charge Final Rule since “doing so is neither in the public interest nor an efficient use of limited government resources.” In a press release, Secretary Mayorkas said: “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them. He added: “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”
Read morePresident Biden Issues Proclamation Revoking Trump's Ban for Immigrants Outside the US
On February 24, 2021, President Joseph Biden signed a proclamation revoking former President Trump’s suspension of the issuance of immigrant visas (Green Cards) to those outside the United States, which Trump put forth at the time to purportedly assist with the economic recovery for American workers affected by the coronavirus (COVID-19) pandemic. Specifically, President Biden’s proclamation revokes the suspension of entry imposed in Proclamation 10014 (April 22, 2020), as extended by section 1 of Proclamation 10052 (June 22, 2020), and section 1 of Proclamation 10131 (December 31, 2020).
Read morePresident Biden Signs "Proclamation on Ending Discriminatory Bans on Entry to The United States" to Revoke Trump's Muslim Travel Ban
On Wednesday, January 20, 2021, his first day in office, President Biden signed a “Proclamation on Ending Discriminatory Bans on Entry to The United States” to revoke what has been commonly referred to as the Muslim travel ban, which restricted entry into the United States from primarily Muslim and African countries. Former President Trump had faced numerous legal challenges in enacting his Muslim travel ban but the third version of the ban was upheld by the Supreme court in June 2018.
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