USCIS Issues Policy Guidance on the EB-5 Reform and Integrity Act of 2022

Client Alert!

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance on the vacatur of the EB-5 Modernization Rule and the EB-5 Reform and Integrity Act of 2022.

Policy highlights include:

  • Removing the provisions found in the EB-5 Modernization Rule that a federal court vacated on June 22, 2021;
  • Adding that an applicant may file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with, or subsequent to, a Form I-526, Immigrant Petition by Standalone Investor, where a visa is immediately available;
  • Revising the investment amounts and targeted employment area designation process; and
  • Updating the name of Form I-526 throughout Volumes 7 and 8 from its former name (Immigrant Petition by Alien Entrepreneur) to the current name (Immigrant Petition by Standalone Investor) and adding references to Form I-526E, Immigrant Petition by a Regional Center Investor.

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December 2022 Visa Bulletin Summary

Client Alert! Throughout the month of December, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier

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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
 
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010


Past Positions

  • Fragomen Del Rey Bernsen & Loewy, P.C., Senior Associate, 2001 to 2002
  • Hirson Wexler Perl, LLP, Senior Attorney, 2000 to 2001
  • Chambers Davidson, LLP, Partner, 1992-2000
  • Unity Healthcare Holding Company, Inc., General Counsel, 1989-1991
  • North American Philips Corporation and Philips Credit Corporation, Assistant General Counsel, 1988-1989
  • Certilman Haft Balin Buckley Kremer & Hyman, Law Clerk, 1983-1988

 

Addresses


15 Glen Street, Suite 302A
Glen Cove, New York 11542

5 W 37th Street, Suite 525
New York, New York 10018