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Immigration Alert: Updates from U.S. Congress & More

Department of State Extends National Interest Exceptions for 12 Months

The Department of State has officially updated its guidance to reflect a recent trend with U.S. Embassies worldwide to automatically extend all National Interest Exceptions issued in the last 12 months for another 12 months from the date of issuance. Prior NIE’s that were valid for one use or just 30 days are now automatically extended, provided they are still used for the purpose in which they were issued. The extension applies to NIEs for travelers subject to Presidential Proclamations 9984 (China), 9992 (Iran), 10143 (Schengen Area, U.K., Ireland, Brazil, and South Africa), and 10199 (India).

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EB-5 Regional Center Program Sunsets

As predicted, the U.S. Congress has let the EB-5 investment visa regional center program lapse. Congress adjourned for recess and will not meet until July 12th. This is not the first time the program has lapsed and cases likely will be held in abeyance until the program restarts. The USCIS has not issued clear guidance on whether they will accept new cases during this time and is likely waiting for congress to provide guidance. Direct investment EB-5 petitions are not affected and can take advantage of the lower investment totals due to recent court action.

DHS to Extend and Re-designate Yemen for TPS

The Department of Homeland Security has announced an 18 month extension as well as a re-designation of Yemen for Temporary Protected Status. The designation period will exist from 9/4/2021 to 3/3/2023 to allow for new applicants as well as extensions of existing applicants. This policy is in line with Biden administration’s commitment to strengthening the TPS program, which the Trump Administration sought to dismantle.

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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