Congress Passes Stopgap Bill to Avoid Government Shutdown Against a Friday Deadline**

**which includes the EB-5 Program extension to January 19, 2018

WASHINGTON — Congress gave final approval on Thursday to legislation to keep the government funded into January, averting a government shutdown this weekend but kicking fights over issues like immigration, surveillance and health care into the new year.

The stopgap spending bill extends government funding until Jan. 19 while also providing a short-term funding fix for the Children’s Health Insurance Program, or CHIP, whose financing lapsed at the end of September.

USCIS to Expand In-Person Interview Requirements for Certain Permanent Residency Applicants

U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.
 
Effective Oct. 1, USCIS will begin to phase-in interviews for the following:
 
• Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).
 
• Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.
 
Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types. 
 
“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”
 

Republican Senators David Perdue, Tom Cotton to unveil skills-based immigration bill at White House Wednesday

President Trump will join Republican Sens. David Perdue of Georgia and Tom Cotton of Arkansas at the White House Wednesday to unveil legislation that proposes a skills-based immigration system and seeks an overall lower level of legal immigration, two sources have confirmed to the Washington Examiner.

Comprehensive Government Funding Bill Includes Language Extending EB-5 Program to September 30, 2017

The final paragraph of the TEXT OF THE HOUSE AMENDMENT TO SENATE AMENDMENT NUMBERED 1 TO H.R. 244, THE HONORING INVESTMENTS IN RECRUITING AND EMPLOYING AMERICAN VETERANS ACT OF 2017, Page 734 substitutes "September 30, 2015" with "September 30, 2017".    It remains possible that Congress could pass EB-5 legislation before September 30, 2017.  

Court of Appeals Unanimously Upholds TRO

February 9, 2017 - U.S. Court of Appeals for the 9th Circuit has unanimously upheld the Temporary Restraining Order maintain the nationwide halt on Travel/Refugee Ban.

Nationwide Temporary Restraining Order has halted the Executive Order

National temporary restraining order granted in Washington State and Minnesota's challenge to President Trump's executive order banning Muslims and refugees.

DOS Emergency Alert: Executive Order on Visas

As a result of the Executive Order on immigration, Department of State has temporarily stopped scheduling immigrant and nonimmigrant visa appointments as well as cancelled currently scheduled visa appointments, for those individuals who are nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

This Executive Order does not restrict the travel of dual nationals from any country with a valid U.S. visa in a passport of an unrestricted country.  Embassies and Consulates around the world will continue to process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.

Automatic Extensions of EADs Provided by the “Retention of EB-1, EB- 2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers”

Some "good news" in the torrent of disastrous Executive Orders on Immigration.

On Jan. 17, 2017, a final rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” amending DHS regulations went into effect. The new amendments provide for automatic extensions of the validity periods of certain Employment Authorization Documents (Form I-766) for up to 180 days for individuals who:

• Timely filed to renew an Employment Authorization Document (EAD);
• Are applying to renew an EAD in the same category as the previous EAD (A12 and C19 are considered the same category for this extension); and
• Are in a category that is eligible for the extension. 

Travel Warning for Nationals of Certain Countries in Anticipation of Executive Order

An Executive Order titled “PROTECTING THE NATION FROM TERRORIST ATTACKS BY FOREIGN NATIONALS” relating to visa issuance, screening procedures, and refugees, will most likely be issued this week.

Among other provisions, if implemented as written, would "suspend" the immigrant and nonimmigrant entry of nationals from certain designated countries for 30 days from the date of the order. Designated countries are tied to the Visa Waiver provisions of the 2016 Consolidated Appropriations Act and if implemented without change, would include Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Additional countries could be included.

For those country nationals who might be affected by the Executive Order, it may be advisable to refrain from traveling outside of the United States if they are already present in the U.S., or try to return to the United States as soon as possible if they are outside of the country.

USCIS issues proposed regulation changes: "EB-5 Immigrant Investor Program Modernization"

 USCIS has issued a proposed rule on "modernization of the EB-5 Immigrant Investor Program" changing some MAJOR provisions governing EB-5, including: Raising of the minimum capital investment amount to $1.8million (and $1.35 for TEA); Priority Date retention; Elimination of state designation of high unemployment areas. Public comment period ends 4/11/2017.