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Immigration Alert: Legislative Updates & More

Infrastructure Bill Potentially to Include Immigration Changes

The $3.5 trillion infrastructure bill that is being debated in the house may include certain key immigration reform proposals. Senator Bob Menendez D-N.J. aims to include key parts of the U.S. Citizenship Act of 2021 in the proposal. Specifically a path to citizenship for “dreamers”, farmworkers, essential workers and individuals holding Temporary Protected Status. In order to pass through reconciliation, the bill will require all 50 senators to support it along with a majority in the house. Under the parliamentary rules, it would be difficult to argue that sweeping immigration reforms could be considered “budgetary measures.” Given the size and scope of reforms, a potential tax income argument could be made for including immigration. Ultimately, the success of the immigration aspects will rest with the Senate parliamentarian.

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EB-5 Regional Center Lapse is Now Confirmed by the Department of State

The Lapse in authorization of the EB-5 Investment visa Regional Center program has now been reflected in the visa priority date bulletin, showing certain EB-5 visas to be unavailable. It has been reported that consulates are canceling appointments for applicants with pending cases and refusing to schedule pending matters.

Administrative Closure is Back – DOJ Vacates Matter of Castro-Tum

Attorney General Merrick Garland has vacated Matter of Castro-Tum, a precedent decision issued by Jeff Sessions. The prior decision had removed the ability of immigration judges to administratively close matters and instead process every case they received. The effect of Matter of Castro-Tum was to clog the immigration system, which has now reached a high point of over a million cases. Immigration judges may now administratively close cases as they see fit, such as a pending petition with the USCIS.

Tully Rinckey is able to assist people and organizations world-wide with domestic and international immigration matters. Attorney Michael Freestone is well versed in representing large corporations and is able to navigate complex immigration issues and analyze the facts and recommend the best course of action.

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