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I am pleased to announce that on March 3, 2015, I will be participating in a national webinar hosted by the American Immigration Lawyers Association on "Immigrant Options for Small and Start-Up Businesses." This program will focus on the unique challenges faced by foreign personnel working for small businesses, or founding start-up companies. We will discuss various permanent residence options, ability to pay, bona fide job opportunities, capitalization, business plans, and best practices for … [Read more...]
Archives for February 2015
February 25, 2015 by ·
Recently, USCIS held an interactive engagement session with stakeholders on the issue of proving lawful source of funds for EB-5 Entrepreneur Investor applicants. The following is from my notes from the meeting. The most common Requests for Evidence or “RFEs” in EB-5 investor cases involve insufficient proof of the legal source of funds used to invest in commercial enterprises or regional centers. Proof of the required job creation is another frequent RFE issue. However, this conference focused … [Read more...]
February 23, 2015 by ·
USCIS has released updated adjudications data for the EB-5 investor entrepreneur program. This is the "$500k or million dollar club" investor visa for permanent residence. The EB-5 program is modeled after marriage based immigration that requires a two-step process to permanent residence. The first application is called the Immigrant Petition for Alien Entrepreneur, filed on Form I-526. If approved, the applicant receives a conditional residence card valid for two years. Within the 90-day … [Read more...]
February 22, 2015 by ·
On February 15, 2015, the US State Department issued a cable announcing that starting March 1, 2015, medical exam results will only be valid for six months, or three months depending upon exam results for tuberculosis (TB) or HIV. These changes actually come from the Center for Disease Control (CDC), which regulates immigrants' medical exams. Previously, medical exams were good for up to a year for non-TB results. This means applicants for immigrant visas are going to need repeated medical … [Read more...]
February 16, 2015 by ·
Today, U.S. District Court Judge Andrew Hanen in Brownsville, Texas temporarily blocked two of President Obama's Executive Action programs, the expanded DACA program (or DACA II), and the DAPA program. DACA, or Deferred Action for Childhood Arrivals, has been in effect since 2012. But the new expanded version of that program due to begin on February 18, 2015 has been halted by the temporary injunction order in Texas v. United States. The Deferred Action for Parent Accountability (DAPA) program … [Read more...]
February 13, 2015 by ·
USCIS has updated its website with more information on expanded DACA, or as we refer to it, DACA II. The requirements of DACA II are mentioned in an earlier blog post, Expanded DACA II Starts February 18, 2015. USCIS has also issued revised FAQs that cover this new program as well as the relevant form(s). It is particularly important to pay attention to the FAQs dealing with crimes, national security, and threats to public safety, as well as the FAQs toward the end in the "miscellaneous" … [Read more...]
February 9, 2015 by ·
The expanded version of Deferred Acton for Childhood Arrivals (DACA version 2) starts February 18, 2015. That will be the FIRST day USCIS will begin accepting DACA applications from the new group of individuals who will now qualify. Let's recap what deferred action is, who is in DACA I and who will be in DACA II. What is DACA and what is it not? Deferred Action is NOT a visa; it is not a green card; it is not US citizenship; it is not amnesty nor legalization. It is a temporary reprieve … [Read more...]
February 8, 2015 by ·
Finalize those offers now and prepare for April 1, 2015 H-1B Cap Filings It’s that crazy time of year again when immigration lawyers and employers try to finalize offers to candidates needing H-1B cap-subject visa petitions so they can be filed during the short five-day period beginning April 1, 2015. Given growth in the economy and recent statistics showing increased job creation, immigration attorneys expect that, like last year and every year before, demand for cap H-1Bs will exceed … [Read more...]
