Visa Lawyer Blog

Some news to report in the Immigrant Investor Visa category. USCIS approved the Southeast Los Angeles Regional Center for the EB-5 Pilot Program. The USCIS also approved and designated the Los Angeles Film Regional Center for participation in the Immigrant Investor Pilot Program.

Click Here to Read the Approval Letters for Southeast LA Download file

Click here for the LA Film Regional Center Download file

So what is a Regional Center? In 1993, an option was created whereby immigrants may invest $500,000 or more in USCIS-designated "Regional Centers" in a high unemployment area.

In this program, an agent, makes an offer to the USCIS. If the USCIS finds it will benefit a regional economy and shows potential for providing significant indirect employment, the project will be designated a Regional Center. With USCIS approval, the agent forms a limited partnership or corporation. Investors may apply for permanent residency upon making the investment.

Investors in a Regional Center do not have to have day-to-day management responsibility or prove the business employs ten workers. Rather, they may rely on industry job multiplier statistics. A Regional Center means that the USCIS is satisfied with the job creation potential. We can provide you with information about specific Regional Center Investments for you to perform due diligence analysis.

More on EB5 here

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Posted In: Immigrant Visas

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We continue our updates on the new TN visa extension rules. USCIS announced today that it is publishing a Notice of Proposed Rulemaking to increase the maximum amount of time a Trade- NAFTA (TN) professional worker from Canada or Mexico can remain in the United States before seeking readmission or obtaining an extension of stay. The proposal will extend the maximum period of admission for TN workers from one year to three years, the same term that USCIS currently may grant to H-1B specialty occupation workers.

The proposed rule will further allow eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years, as opposed to the current maximum of one year. TN nonimmigrants are not subject to a maximum period of stay and thus may seek multiple readmissions or extensions, provided their intended professional activity continues and they remain otherwise eligible. Current regulations require that TN workers seek readmission or apply for an extension of stay each year.

More about TN visas read here

Read our TN visa Book here

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Posted In: Work Visas

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Immigration lawyers and impatient immigrants have been waiting too long for something to happen, and the new Bills introduced a few days ago may be a blessing. One Bil, H.R. 5882, to “recapture” employment-based (EB) green cards that Congress authorized in the past but that went unused before the end of past fiscal years due to government processing delays. Analysts estimate that approximately 200,000 unused EB green cards will be brought back into supply for all employment-based workers.

A new Bill to save he Nursing Shortage has been introduced as well. It is HR 5924, The key points of the legislation are:

1. Lifting of retrogression for Schedule A workers - Any immigrant visa quotas or caps are waived for all visa applications filed for Shortage Occupations (Schedule A occupations: Physical Therapists and Registered Nurses), provided that the I-140 is filed prior to September 30, 2011.

2. 20,000 primary beneficiary quota - While there is no retrogression for Schedule A cases filed before September 30, 2011, Consulates may not approve more than 20,000 primary beneficiary visas in any one year. There is no quota for the immediate family members of such beneficiaries.

3. Expedited Review - The USCIS must review -- and approve or issue an RFE -- on all Schedule A I-140 cases within 30 days of receipt.

4. Grant Fee - All primary beneficiary nursing visas issued under this legislation must pay a fee of $1500. Katrina-effected and HPSA employers do not have to pay the fee.

5. Grant Program - These fees will fund a Grant program. Schools of nursing may draw on this fund based on their student populations. The fees are to be used to attract, train, and retain nursing faculty, purchase educational equipment, expand infrastructure, and attract students.

6. Liberalized US Citizenship for some Health Care workers - Time spent by US Permanent Resident Health acre workers in a developing country will not be held against them in their endeavors to become US citizens.

7. Obligation Attestation - Immigrant visa applicants must attest that they do not owe their country of residence or origin a financial obligation. An obligation is defined as financial assistance that the intending immigrant incurred to defray the costs of education in consideration for a commitment to continue to work in that county.

We welcome the new legislation, the bill will take nurses out of the green card caps until 2011 with a limit of 20,000 principle applicants per year. We will keep you posted with new developments as they become available.

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Posted In: Updates

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We had a busy week at the firm. In addition to the regular case load, we prepared for two immigration presentations. Earlier this week I presented to the Women in Science Association in San Diego, an association of scientists and researchers. We discussed the different ways they can obtain permanent residency based on their unique skills and education. Clearly, if such immigrants would like to stay, the system is very welcoming.

Later this week, I have spoken to a very different group also very much eager to find ways to stay in the US. I have given a workshop to an Hispanic community base organization here in town, helping their members obtain information on becoming Citizens and in many cases becoming legal in the US. The group consisted of hard working undocumented workers and family members, as well as long term Permanent Residents seeking to become Citizens.

We discussed various legal options, but I heard a lot of complaints about the governments treatment of the illegal population. Systematic raids of residential places by ICE, inhuman treatment of detained illegal immigrants, discrimination at work and more.

Just today the Union Tribune covered the poor detention conditions of immigrant detainees at prvate detention facilities in San Diego. In the past year, ICE and its contractors have come under fire for alleged mistreatment of immigrants. In San Diego last year, the American Civil Liberties Union twice sued the agency and CCA.

One lawsuit alleged overcrowding at the Otay Mesa facility, with three detainees housed in cells designed for two. The other alleged inadequate medical care, with detainees complaining of being denied treatment or waiting months for it.

While we are happy the highly skilled immigrants get the best options to stay, the US Immigration system and its officials should change they way they treat illegal immigrants and those that are trying to work with the system

Read the Union Tribune Story here

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Posted In: San Diego Immigration Law

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DHS issued an updated OPT filing guide for schools and students.In April, DHS published an Interim Final Rule (IFR) titled Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions. The revised guide follows this rule.

Click here to download Download file

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Posted In: Work Visas

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In recent weeks I heard two horrible stories from European clients about their experience entering the US. One a fairly know author from France was kept in secondary inspection for 14 hours, before finally letting him enter the US. The officers never explained why he was detained and never offer an Apology.

Another person entering from Germany to join his co workers on a US vacation, was humiliated by port of entry officers, accused of being a potential unauthorized worker and was sent back home with shame. He is now angry and outraged at our government and immigration system.

Here is a funny YOU-TUBE video to reflect on the above...

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Posted In: News

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The H1B madness is almost behind us, yet potential workers and employers alike are still curious and interested in this visa. They often want to know when will they be able to apply again and what is this visa all about.

The H1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which "requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United States."

The employer must describe the elements of the case to the USCIS on a petition format letter. This first posting in the series about the H1B process contains a sample of such letter. Click below

Continue reading "Sample H1B visa Letter of Support" »

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Posted In: Work Visas

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Some good news for Canadians and Mexican nationals seeking to live and work in the US. The Office of Management and Budget (OMB) has cleared a proposed DHS rule to allow TN visa holders to stay in the US for three (3)years instead of the current one (1) year limit.

Currently TN visa applicants must apply every year for renewals, either from inside the US or appear at the Border, for Canadian applicants. Mexican Nationals must still apply at the US Embassy in Mexico. We welcome the new proposed rule and hope that this will pass.

More on the proposed rule click here

Read our TN Visa Guide here

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Posted In: Work Visas

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Amazing video, every fact is sad but true...

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Posted In: Deportation & Removal

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As many of our Marriage Visa clients know, the Medical Examination is an important part of the case required documents. Once an applicant goes through the exam the doctor must sign and complete Form I-696. In the coming weeks, applicants should remember that the I-693 medical exam form is being updated and doctors must complete the new form for examinations taking place after May 1st. If a doctor signs the old form before May 1st, applicants can submit the old version. Applicants must make sure the doctor is aware of the change as some of them may not know about the changes to the forms. Using the wrong form after May 1, 2008 may result in the case being returned and significant delays caused.

I suggest applicants take a blank I-693 form with them to the exam to make sure the Doctor has the new forms in hand. Click here to download the new forms

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Posted In: Family Visas

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According to today's USCIS press release, it currently takes almost 9 months to process a naturalization case filed in San Diego County during Summer of 2007. Cases filed in Washington DC seem to have the most delays with close to 15 months.

Why the delay? Last July, USCIS received 460,000 applications for naturalization. That was three times the record for any previous month. For the year, USCIS received 1.4 million naturalization applications, almost double the normal annual volume.

USCIS is hiring and training hundreds of additional immigration officers to adjudicate these cases. The agency is also conducting naturalization interviews on weekends, after normal business hours and in additional locations.

Read the press release here

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Posted In: Updates

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Recently the Immigration, Citizenship, Refugees, Border Security, and International Law Subcommittee of the House Judiciary Committee held an oversight hearing on the H-2B seasonal worker visa program.

As I have previously reported, the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) created a cap exemption for "returning workers," defined as those workers who were counted against the 66,000 annual H-2B cap during any one of the three fiscal years preceding the fiscal year of the requested employment start date. The returning worker provisions of the SOS Act, which originally expired on September 30, 2006, were reauthorized by Congress for one additional year, through Fiscal Year (FY) 2007, which ended on September 30, 2007. This provision was never extended resulting is major hardship to employers in the Hospitality and Constructions industries as well as other employers.

We link to a testimony of R. D. Musser, III President of the famous Grand Hotel explaining the impact of the H2B crisis on his Hotel and the industry. He calls for immediate reform.

Read his testimony here Download file

Posted by Jacob Sapochnick | Permalink | Email This Post

Posted In: Work Visas

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