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Zhang v. USCIS Signals a Victory for EB-5 Immigrant Investors Looking for More Options to Fund Their Investments as USCIS Approves Petition at Heart of the Case Yet Questions Remain

May27

By Taher Kameli and Chathan Vemuri   On October 27 of 2020, the D.C. Circuit Court of Appeals invalidated a United States Citizenship and Immigration Services (USCIS) denial of an EB-5 immigrant investor’s petition under its Loan Proceeds Policy.[1] The DC Circuit invalidated the Loan Proceeds Policy, under which cash from loans were treated as indebtedness and had to be collateralized by the investor’s assets.[2] This policy, which was adopted in 2015, differed from its older policy where the USCIS only looked at “whether capital resulting from secured loans was secured by the assets of the investor (indebtedness),” and that

May 27, 2021
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Belliveau v. Barco, Inc.

Belliveau v. Barco Inc.
Mar22

Written by Taher Kameli & Chathan Vemuri On January 28, 2021, the Fifth Circuit Court of Appeals re-interpreted the parameters of fiduciary duty and the breach thereof in relation to third party sublicensing and clarified what was necessary for a fiduciary duty to exist.[1] In the case of Belliveau v. Barco, Inc., the Fifth Circuit ruled that the defendant in this case did not owe a fiduciary duty to the plaintiff as there was no formal fiduciary relationship between Plaintiff and the Defendant’s in-house counsel despite Plaintiff’s claims of in-house counsel allegedly agreeing to act at his discretion on matters

March 22, 2021
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The Difference Between EB-1 and EB-2 Visas

Difference Between EB-1 and EB-2 Visas
Mar17

Although it can be difficult to obtain a green card to the U.S., there are several routes a person can follow to achieve the status of legal permanent residence. A job-based visa is one of the most popular options—especially EB-1A and EB-2 National Interest Waiver Visas (NIW). At the Law Office of Kameli & Associates, work with professionals from around the world interested in EB-1 and EB-2 NIW visas. Our team of lawyers will advise and assist you in preparing a strong request for a better choice for your situation. EB-1 An EB-1 visa is the first preference category

March 17, 2021
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Cryptocurrency and Taxes: How does taxation work on it?

Cryptocurrency and Taxes How does taxation work on it
Mar13

Written by Taher Kameli & Shabnam Mahammadli Cryptocurrency is a digital representation of value that can serve as a medium of exchange, a unit of account, and a store of value.[1] Although often held for investment purposes, the IRS has acknowledged that cryptocurrency may also be used in a manner similar to “real” currency, namely, to pay for goods or services. However, as no country has recognized any cryptocurrency as a form of legal tender, the IRS does not allow taxpayers to treat cryptocurrency as real currency, such as the US Dollar and the Euro.[2] As a

March 13, 2021
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Biden Administration Partially Lifts Green Card Ban

Biden Administration Partially Lifts Green Card Ban
Mar04

Written by Taher Kameli & Chathan Vemuri   This week, a major Trump-era immigration ban has been considerably rescinded by executive order.[1] On Wednesday 24th, 2021, the Biden administration lifted the Trump administration’s immigrant visa ban for many green card applicants.[2] The ban was originally imposed on April 2020, under an order known as Presidential Proclamation 100014[3], and was justified as being necessary to protect American workers in the midst of the COVID-19 pandemic.[4]  Under the ban, the Trump administration froze the issuing of green cards for new immigrants and stopped temporary work visas for

March 4, 2021
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Biden Reverts Naturalization Test to 2008 Version

Biden Reverts Naturalization Test to 2008 Version
Mar01

Written by Taher Kameli & Chathan Vemuri In another reversal of Trump-era immigration policy, the Biden administration struck down the revised naturalization civic test implemented on December 1, 2020, replacing it with the older 2008 version of the test that had been in force up till that time.[1] This was done as part of President Biden’s February 2 Executive Order on “Restoring Faith in Our Legal Immigration System.”[2] The USCIS will go back to the 2008 test as of March 1, 2021, although there will also be an interim period during which both tests will be offered for

March 1, 2021
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The USCIS Rescinds Stringent Professional and Educational Requirements for H-1B Petition Adjudications in Response to Ninth Circuit Challenge

USCIS Rescinds Stringent Requirements for H-1B Petition
Feb24

Written by Taher Kameli & Chathan Vemuri On February 3, 2021, in what is sure to be welcome news for H-1B applicants, United States Citizenship and Immigration Services rescinded the 2017 Policy Memorandum PM–602-0142 that it previously issued under the Trump administration.[1] Under the 2017 Policy Memorandum, the USCIS discarded the US Department of Labor’s (DOL) classification of occupations covered by the H-1B program, specifically rejecting the DOL’s requirement that positions within that particular classification of H-1B occupations required only bachelor’s degree in computer science or a related field for entry.[2]   The USCIS also disagreed with

February 24, 2021
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President Biden Reinstates Deferred Enforced Departure for Eligible Liberian Nationals in the U.S.

Liberian Nationals Eligible for Deferred Enforced Departure
Feb23

Written by Taher Kameli & Chathan Vemuri At the very beginning of his term in office, President Biden has put immigration reform at the top of his agenda, passing a series of executive orders challenging and even overturning President Trump’s immigration policies.[1] Be it rescinding the Muslim travel ban or restoring DACA, the Biden administration has made impressive gestures towards repairing an immigration system affected by the Trump administration’s more exclusivist hardline policies.[2] One particular change of note is the President’s revival of the Deferred Enforced Departure program.[3] This program, which covers around 4,000 long-term

February 23, 2021
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Southern District Court of Texas Overrules Biden Administration’s Deportation Moratorium

Texas Overrules Biden Administration Deportation Moratorium
Feb18

Written by Taher Kameli & Chathan Vemuri The first two weeks of the Biden presidency has seen a dramatic pause on many of the Trump administration’s most controversial immigration policies, from ending the Muslim ban to reversing the policy focusing immigration law enforcement on any undocumented person regardless of criminal status or lack thereof, to ending an emergency declaration to divert funds to proposed border wall.[1] Yet opposition to these reversals remains as strong as ever in those states where the former President still commands high levels of support. In Texas last week, one state attorney general was able to

February 18, 2021
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USCIS H-1B Lottery Process Will Remain Unchanged for the Following Year

USCIS H-1B Lottery Process Will Remain Unchanged this Year
Feb16

Written by Taher Kameli & Chathan Vemuri In what is sure to be welcome news for H-1B visa applicants, the US Citizenship and Immigration Services ( USCIS ) announced that the H-1B electronic registration and lottery process for this year would be identical to that of last year, as opposed to the Trump administration’s proposal to make the lottery of H-1B visas dependent on wage levels for H-1B positions.[1] Under the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions rule (Modification Rule), H-1B application cases would have been prioritized according to the wage level

February 16, 2021
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