Month: January 2023

US Customs & Border Protection

Green Card Validity Extended for Conditional Permanent Residents with a Pending Form I-829 or I-1751

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By Zeenat Phophalia

The United States Citizenship & Immigration Services announced on January 23 that it is extending the validity of Permanent Resident Cards (Green Cards) for 48 months beyond the card’s expiration date.  This applies to those individuals who have a properly filed and pending Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status).

This extension change applied on January 11 for Form I-829 and took effect on January 25, for Form I-751 and has been made by USCIS to accommodate the increasing processing times of these cases.

USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card to 48 months beyond expiry and will issue new receipt notices to eligible green card holders who previously received notices with an extension shorter than 48 months and whose cases are still pending. These receipt notices along with the expired Green card will serve as evidence of continued status while the I-751 or I-829 remains under processing.

Conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the United States.

Form I-829 relates to the EB5 Immigrant Investor Visa Program. The EB5 visa offers a route to a Green Card (US permanent residency) by investment. The minimum investment is $800,000, which must come from acceptable sources of funds and must create ten jobs. A qualifying family unit is permitted to apply together under a single investment.

Contact us for more information.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Grenada CBI to the E2 visa

New Law Impacts those Seeking E2 Visa via Citizenship by Investment (CBI) Route

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Just before breaking for the holidays, Congress passed the National Defense Authorization Act. Buried within this gigantic bill was a provision to add Portugal as an E2 country and a clause stipulating that anyone who acquires citizenship through a financial investment must be domiciled in that country for three years before they can apply for an E2 visa. 

We recently held a series of webinars on this topic, scroll down to view the recording.

Does the change to the law impact me?

If you are interested in applying for an E2 visa, but you do not come from an E-2 Treaty country, this legislation could impact you. India, China and Vietnam are among the countries that do not have an E-2 treaty with the United States. Click here for the full list.

Why would I want to apply for the E2 Visa?

The E2 Treaty Investor Visa category permits an applicant to make a substantial investment in a US business or franchise and move to the US for the purposes of running that business. 

  • Relatively low investment expectations (usually > $100,000, sometimes less)
  • Ability to travel freely to and from the United States
  • Unlimited renewals subject to conditions
  • Spouse & children under 21 can accompany applicant to US
  • Spouse permitted to work in the US
  • No annual caps/quotas
  • Relatively quick processing times

What if I am not a citizen of an E2 Treaty Country?

If your country is not on the list of E2 countries, then are able to apply if you first obtain citizenship of an E2 country. One of the fastest ways to obtain citizenship of an E2 treaty country is via the Grenada Citizenship by Investment Program or the Turkey Citizenship by Investment Program. The new law will have implications for this pathway to an E2 visa.

What should I do next?

If you already hold Grenadian or Turkish citizenship that was acquired by investment, you should contact us immediately. There may be a small window to submit an E2 visa application before the changes take effect.

What if I have not started the process yet?

We recently held a webinar to discuss potential solutions, click below to watch the webinar and contact us to discuss your options.

Watch our webinar

Useful links:

Grenada Citizenship by Investment Program  

Turkey Citizenship by Investment Program.

Just before breaking for the holidays, Congress passed the National Defense Authorization Act. Buried within this gigantic bill was a provision to add Portugal as an E2 country and a clause stipulating that anyone who acquires citizenship through a financial investment must be domiciled in that country for three years before they can apply for an E2 visa. 

We will be holding webinars on this topic in January 2023.
Scroll down for details.
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

US Government Proposes Major Fee Increases for Visa Applications

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The United States Citizenship and Immigration Services (USCIS) has published a proposed rule in the federal register that seeks to increase fees for certain immigration benefit requests which includes H-1B visas, L-1 visas and EB-5 visas.  At this stage the fee revision is only a proposal and will go through a period of public consultation through March 6, 2023.  Given the length of the review process, the proposed fee rule will not be applicable for at least several months.

USCIS’s proposed fee schedule represents a 40% weighted average increase. The fee increase, as justified by the agency, is essential for cutting down processing times and backlog and increasing overall efficiency. 

Some key fee revisions are:

Employment Visa Categories

The proposed fee for filing an: L-1 petition is $1,385, an increase from the current $460; H-1B petition is $780, an increase from the current $460 (H-1B cap registration fee would increase to $215 per registration from $10).

EB-5 Investor Visa

Form I-526 & Form I-526E fees (Immigrant Petition by Alien Entrepreneur/Regional Center Investor) would be increased from $3,675 to $11,160. Fee for Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) would be increased from $3,835 to $9,525.

New fee of $600

USCIS has also proposed a new Asylum Program fee of $600 to be paid by employers who file either a Form I-129, Petition for a Non-immigrant Worker, or Form I-140, Immigrant Petition for Alien Worker.

Proposed Fee Increases in Key Visa Classifications  
FormCurrent FeeProposed FeeDifference
Asylum Program FeeN/A$600N/A
I-129 Petition for H-1 Non-immigrant Worker$460$78070%
I-129 Petition for L Non-immigrant Worker$460$1,385201%
I-129 Petition for O Nonimmigrant Worker$460$1,055129%
I-129   Petition for E & TN Non-immigrant Worker$460$1015121%
I-129 Petition for Nonimmigrant Worker: H-3, P, Q or R Classification$460$1015121%
I-140 Immigrant Petition for Alien Worker$700$7152%
I-765 Application for Employment Authorization —
Online | Paper		$410 |
$410      		$555 | $650  35% |
59%
Form I-526, Immigrant Petition by Standalone Investor$3,675$11,160204%
Form I-526, Immigrant Petition by Regional Center Investor$3,675$11,160204%
Form I-131, Application for Travel Document575$63010%
Form I-130 Petition for Alien Relative (Online) (Paper)      $535 $535      $710 $820      33% 53%

*The entire list of all proposed fee changes is available at 2022-27066.pdf (federalregister.gov) (page 18)

The proposal also includes provisions to lengthen the premium processing timeline from 15 calendar to 15 business days.

By Zeenat Phophalia, Of Counsel, Davies & Associates

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.