Visa Lawyer Blog

Articles Posted in Business

by

money-g0bd54e988_1280

In this blog post, we share with you the most recent updates in immigration news.

We have important information for EB-5 Regional Center Investors. The United States Citizenship and Immigration Services (USCIS) recently announced that beginning Wednesday March 15, 2023, the biometrics requirement and its associated $85 biometrics fee will be eliminated for EB-5 investors filing Form I-526E, Immigrant Petition by Regional Center Investor.

Regional Center investors are those that are pooling their investment with one or more qualified immigrants participating in the Regional Center Program.

This means that starting March 15, investors will no longer need to submit the fee for biometrics services with Form I-526E.

Why the change?

USCIS has determined that universal biometrics collection is no longer necessary. However, in some circumstances, the agency may still request biometrics from certain investors  under INA 203(b)(5)(H)(iii), 8 CFR 103.2(b)(9), or under other applicable authorities.

Continue reading

by

registration-gbec8dbc92_1920

The H-1B registration period is now in full swing. Employers will have the opportunity to complete the electronic registration process from now until noon Eastern Time on March 17, 2023.

The question on everyone’s minds is whether the massive tech layoffs in Silicon Valley will decrease demand for H-1B visa registrations. Tens of thousands of employees at Google, Amazon, and Meta, have been laid off since early January, leaving big tech companies to adapt to their changing circumstances.

However, demand for high-skilled foreign workers remains high. Companies across the United States will compete for a chance to win selection just as in past years. It is expected that demand for the H-1B visa lottery program will grow this year, because the labor market still demands highly skilled workers with skills in the STEM fields.

Once the H-1B registration period has closed on March 17th the United States Citizenship and Immigration Services (USCIS) will complete a random lottery to reach the annual cap of 85,000 H-1B visas.

Since the implementation of the online registration process in 2020, H-1B registration submissions have far exceeded the number of available visas each year. As an example, in FY 2022 employers submitted roughly 308,613 H-1B registrations (selecting 131,970), and by 2023 this figure increased to 483,927 registrations (selecting 127,600).

Continue reading

by

superhero-g6273e77b9_1920

Welcome back to Visalawyerblog! We kick off the start of the week with exciting news from the U.S. Citizenship and Immigration Services (USCIS).

On July 15, 2022, USCIS announced the second phase of the expansion of premium processing service for petitioners who have a pending Form I-140 Immigrant Petition for Alien Workers, under the EB-1 and EB-2 employment-based classifications.

As with the first phase of the premium processing expansion, the second phase of expansion only applies to certain previously filed Form I-140 petitions under the EB-1-3 multinational executive and manager classification, or EB-2 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW) that were filed on certain dates. Only such petitions will be eligible to upgrade to premium processing using Form I-907, Request for Premium Processing Service.

Who will benefit?

Beginning August 1, 2022, USCIS will accept Form I-907 Premium Processing requests for:

  • EB-1-3 multinational executive and manager petitions received on or before July 1, 2021; and
  • EB-2 NIW petitions for advanced degree or exceptional ability received on or before August 1, 2021.

USCIS has explicitly made clear that it will reject premium processing requests for these Form I-140 classifications if the receipt date is after the dates listed above. For cases eligible to upgrade to premium processing, USCIS will guarantee 45 calendar days to take adjudicative action for these requests for premium processing service. USCIS will not accept new (initial) Forms I-140 with a premium processing request at this time for petitions that do not explicitly fall under the above categories.

Continue reading

by

bike-g7690cd9b4_1280

Welcome back to Visalawyerblog! We kick off the start of a brand-new week with some long awaited and very happy news for EB-5 immigrant visa investors wishing to participate in the Regional Center program.

As you may know, the EB-5 Regional Center Program is a statutorily authorized program that must be extended by Congress in order to operate. Unfortunately, for months on end, members of Congress failed to pass a bill to reauthorize the Regional Center program leaving thousands of prospective applicants in limbo, and those waiting to file green cards with big worries. Following the program’s expiration at midnight on June 30, 2021, it remained in a period of lapse amid negotiations within Congress for a new government appropriations funding bill to be passed to extend the program.

As luck would have it on March 10, 2022, Congress reauthorized the EB-5 Regional Center Program through fiscal year 2027 in appropriations legislation passed by the government. While this is a big relief for many would-be Regional Center investors, the new legislation has also introduced some important changes to the program.

The EB-5 Reform and Integrity Act of 2022, as it is called has resurrected the EB-5 Regional Center Program until September 30, 2027, but introduces some new increases in the minimum EB-5 investments.

Once enacted, the new law will increase the new minimum investment amount to $1,050,000 for standard EB-5 investments (from the previous minimum investment of $1,000,000); $800,000 for investments in Targeted Employment Areas (TEAs) (from the previous $500,000 investment); and $800,000 for minimum investment for infrastructure projects. New changes also allocate a portion of the EB-5 immigrant visa quota to investments in rural areas, high unemployment areas, and infrastructure projects.

Continue reading

by

balls-g55b241311_1280

In the blog post we share some exciting H-1B news! While the FY 2023 H-1B season is about to get underway, today February 28, 2022, USCIS announced that it has received enough petitions to reach the fiscal year 2022 cap that began last March, including the advanced degree exemption.

USCIS has sent non-selection notifications to registrants’ USCIS online accounts. If you were not selected in the FY 2022 cap the following status will be shown in your online account:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

The agency will continue to accept and process cap-exempt petitions including petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in additional H-1B positions.

If you were not selected in the H-1B fiscal year 2022, there is still good news. The H-1B fiscal year 2023 season is just about to begin, and you may have a shot at being selected.

Those who wish to apply for the H-1B FY 2023 cap must submit an electronic registration on the USCIS website.

The H-1B initial registration period for the FY 2023 cap is scheduled to open tomorrow at noon ET, March 1, 2022 and the registration period will remain open until noon ET on March 18, 2022.

Continue reading

by

greg-bulla-P0tam674vzY-unsplash-scaled

With a new year comes new travel restrictions. In this blog post, we share with you a recent announcement published in the Federal Register by the U.S. Customs and Border Protection.

CBP has just released a notice of action informing the public of a brand-new temporary travel restriction that will apply to certain unvaccinated travelers seeking to enter into the United States along U.S. land ports of entry, including ferry terminals (‘‘land POEs’’) with Mexico and Canada.

What is this new travel restriction all about?

According to the new directive announced on January 24th, land ports of entry along the United States-Mexico border and United States-Canada border will continue to suspend normal operations and will allow processing for entry into the United States of only those noncitizen non-LPRs who are ‘‘fully vaccinated against COVID–19’’ and can provide ‘‘proof of being fully vaccinated against COVID–19’’ upon request, as those terms are defined under Presidential Proclamation and the CDC’s Order.

Who will the restriction apply to?

These restrictions will apply to non-citizens who are neither U.S. nationals nor lawful permanent residents (‘‘noncitizen non-LPRs’’) with limited exceptions.

Under the temporary restrictions, DHS will allow processing for entry into the United States of only those noncitizen non-LPRs who are fully vaccinated against COVID–19 and can provide proof of being fully vaccinated against COVID–19 upon request.

When do these travel restrictions go into effect?

These restrictions went into effect at 12 a.m. Eastern Standard Time (EST) on January 22, 2022 and will remain in effect until 11:59 p.m. Eastern Daylight Time (EDT) on April 21, 2022, unless amended or rescinded prior to that time.

Are there any exceptions for unvaccinated travelers?

This travel restriction does not apply to U.S. citizens, U.S. nationals, lawful permanent residents of the United States, or American Indians who have a right by statute to pass the borders of, or enter into, the United States.

In addition, the following exceptions to these restrictions have been authorized for the following categories of noncitizen non-LPRs:

  • Certain categories of persons on diplomatic or official foreign government travel as specified in the CDC Order;
  • persons under 18 years of age;
  • certain participants in certain COVID–19 vaccine trials as specified in the CDC Order;
  • persons with medical contraindications to receiving a COVID– 19 vaccine as specified in the CDC Order;
  • persons issued a humanitarian or emergency exception by the Secretary of Homeland Security;
  • persons with valid nonimmigrant visas (excluding B–1 [business] or B–2 [tourism] visas) who are citizens of a country with limited COVID–19 vaccine availability, as specified in the CDC Order;
  • members of the U.S. Armed Forces or their spouses or children (under 18 years of age) as specified in the CDC Order; and,
  • persons whose entry would be in the U.S. national interest, as determined by the Secretary of Homeland Security.

Continue reading

by

wearables-2316471_1280
Can you receive a green card under the EB-2 classification (National Interest Waiver) as the developer of an innovative application that improves the health and wellness of chronically ill U.S. Citizens?

In this blog post, we share with you how our office was able to do just that despite initial challenges that were presented in our client’s case and previous unsuccessful filings in other visa classifications, where the adjudicating officer refused to recognize the applicant’s extraordinary ability in the field of health and business development despite a plethora of documentary evidence of his unique skills.

An Overview: What are the EB-2 NIW Requirements?

Continue reading

by

fabian-fauth-1_EedIBc6jY-unsplash-scaled

Welcome back to Visalawyerblog and a very happy Thursday to all our loyal readers. In this blog post, we bring you the latest information regarding the expiration of the EB-5 Regional Center program.

What is the EB-5 Regional Center Program?

To become eligible to receive a green card (permanent residence) under the EB-5 Immigrant Investor Program, a foreign national must make either (1) a direct investment in a new commercial enterprise or (2) an investment in a Regional Center project, resulting in the creation of at least 10 jobs, during the time that the investor is granted conditional permanent residence. These are considered the two different “types” of investments under the EB-program. The amount required to be invested depends on whether the investment is “direct” or made in a Regional Center project.

Several considerations need to be taken into account by the investor when deciding which type of investment is right for them (whether “direct” or in a Regional Center). Most often “direct” investment is the most suitable option where the foreign investor wishes to open and operate his own commercial enterprise in the United States and wants to have full control over his or her investment.

The “direct” EB-5 program has three basic requirements: (1) investment in a “new commercial enterprise” (2) of at least $1,000,000 (or $500,000 if the investment is being made in a Targeted Employment Area (TEA) that is underserved) (3) that results in the creation of at least 10 new full-time jobs. Investors are also required to take an active enough role in the business having at least a policy-making position.

Continue reading

by

idea-5208967_1920

Federal District Judge Rules to Reinstate $500,000 Minimum Investment For the EB-5 Visa Program

In this blog post, we share with you a new landmark court decision affecting the EB-5 Immigrant Investor Visa Program, known as matter of Behring Regional Center LLC V. Chad Wolf et al.

In this case, decided on June 22, 2021, the U.S. District Court of the Northern District of California vacated the controversial 2019 ‘EB-5 Modernization Rule’ that sought to ‘modernize’ the EB-5 visa program, by increasing the minimum investment amount from $500,000 to $900,000.  In her ruling, Judge Corley concluded that the 2019 Modernization Rule should be vacated because the former acting DHS Security, Kevin McAleenan was not properly appointed in his position under the Federal Vacancies Reform Act when he implemented the Regulations.  Therefore, the officials had no legal authority to make and to announce the changes.

The judge’s new ruling means that the district court’s decision will restore the original rules for the EB-5 program, initially established by the Immigration Act of 1990 as a legal pathway to provide qualified foreign/immigrant investors the opportunity to obtain permanent residency in the U.S. (commonly known as the “green card”). The now-defunct EB-5 Modernization Regulations of 2019 had increased the minimum investment amount from $500,000 to $900,000, but with this new ruling the minimum investment amount has again reverted to $500,000.

Continue reading

by

timo-wielink-4czXbVY1fgY-unsplash-scaled

We kick off the start of a brand-new week with some important information for immigrant and nonimmigrant visa applicants residing in regions currently affected by the four geographic Presidential Proclamations still in place, for non-citizens in the Schengen countries, the United Kingdom, China, Iran, Brazil, South Africa, and India.

The Presidential Proclamations, collectively known as the COVID-19 Geographic Proclamations are as follows:

  • Presidential Proclamation 10143 (Schengen Area, United Kingdom, Ireland, Brazil and South Africa)
  • Presidential Proclamation 9984 (China)
  • Presidential Proclamation 9992 (Iran)
  • Presidential Proclamation 10199 (India)

*The Schengen countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

The COVID-19 Proclamations were issued early on during the pandemic to help contain the rapid spread of the Coronavirus in the United States, by limiting the entry to the United States, of non-citizen travelers who were physically present in any of the impacted regions during the 14-day period, prior to their planned entry or attempted entry to the United States.

To comply with these Proclamations, U.S. Embassies and Consulates worldwide have been unable to issue nonimmigrant and immigrant visas to those who have been physically present in any of the above mentioned 33 covered countries. But all of that has recently changed thanks to new National Interest Exception designations made by the Secretary of State for certain types of travelers.

Continue reading