USCIS calculates the increases to be a weighted average of 21 percent.  Federal law requires DHS to review its fee structure biennially and make fee adjustments such that the fees charged cover the full cost of providing immigration and naturalization adjudications.

Highlights of the new fees include: EB-5 Regional Center Designations: $17,795, up from $6,230; Annual Regional Center Certification: $3,035, a new fee; EB-5 immigrant petition: $3,675, up from $1,500; a 3 tier naturalization fee: $640, up from $595, no fee for qualifying military service applicants, and a reduced fee of $320.00 for applicants whose family income falls between 150% and 200% of the poverty guidelines.

Other, more frequent filings include:   Petition for a Fiancé: $535, up from $340; Petition for Alien Relative: $535, up from $420; Immigration Petition for Alien Worker: $700, up from $580; and Application to Adjust Status: $1,140, up from $985.

We will be publishing the complete list of fees on our web site shortly.

DHS plans to measure an entrepreneur’s substantial for rapid business growth and employment creation by whether he or she has received significant U.S. investment from U.S. investors with established successful track records, in addition to grants from governmental entities within the U.S., among other factors.  DHS stated that parole would be for up to 2 years with an extension for an additional 3 year period.  Parole decisions are made on a case-by-case basis.

The proposed rule provides no immediate benefit.  After DHS receives comments, it will decide on what changes if any to make to the proposed rule, and whether or when to publish an implementing rule.

Who have a significant ownership interest in the startup (at least 15 percent) and have an active and central role to its operations;
Whose startup was formed in the United States within the past three years; and
Whose startup has substantial and demonstrated potential for rapid business growth and job creation, as evidenced by:
Receiving significant investment of capital (at least $345,000) from certain qualified U.S. investors with established records of successful investments;
Receiving significant awards or grants (at least $100,000) from certain federal, state or local government entities; or
Partially satisfying one or both of the above criteria in addition to other reliable and compelling evidence of the startup entity’s substantial potential for rapid growth and job creation.

Under the proposed rule, entrepreneurs may be granted an initial stay of up to two years to oversee and grow their startup entity in the United States. A subsequent request for re-parole (for up to three additional years) would be considered only if the entrepreneur and the startup entity continue to provide a significant public benefit as evidenced by substantial increases in capital investment, revenue or job creation. The notice of proposed rulemaking in the Federal Register invites public comment for 45 days, after which USCIS will address the comments received.

Note:
1. The proposed rule does not take into effect immediately. It typically takes the Government quite a few months after the comment period to adopt the rule. I personally don’t think this will happen before 2017
2. The rule does not grant permanent status as of now. It just gives temporary stay of up to 5 years
3. Both the Democrats and the Republicans support this rule.
4. This would have been law, due to bipartisan support, but the Democrats wanted “Comprehensive” Reform and not the piecemeal legislation
5. Thus I expect this rule to continue no matter who our next President is.

For more information contact Annie Banerjee

Johnson said that DHS is enforcing immigration laws consistent with priorities set by President Obama in November 2014, including public safety and border security. According to Johnson, more than 99 percent of people in immigration detention fit those enforcement priorities, and about 85 percent are in the top priority for removal. 60 percent of people deported by Immigration and Customs Enforcement today are convicted criminals, compared to 35 percent in 2009.

According to Johnson’s statement, the Border Patrol effected 34,463 apprehensions on the southwest border in June 2016, a decrease from May and April, but higher than the number of apprehensions per month in the first quarter of 2016. Overall, apprehensions are higher this year than in fiscal year 2015, but lower than 2014 and 2013. The number of apprehensions is indicative of the number of attempts to illegally cross the border, Johnson said.

Johnson said that he visited Central America in May, for the third time in two years. He said there was a need to provide a legal and safe path to the United States, and that many immigrants from Central America should be regarded as refugees. He also said that the “ultimate solution” is long-term investment to help with the humanitarian crisis and underlying problems in the region.

The Employment-Based Fifth Preference Immigrant Investor Program, known as the EB-5 program, and administered by the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS), permits immigrant investors who meet certain requirements to obtain lawful permanent resident status in the United States. To be eligible, an immigrant entrepreneur can directly invest $1 million in a business that will create 10 or more jobs, or invest half that amount in an area that is rural or has high unemployment while creating 10 or more jobs. Alternatively, immigrant entrepreneurs can invest in a project through specially set up and approved EB-5 Regional Centers with the same investment amount break points, but where the entrepreneur can be credited with indirect creation of 10 or more jobs.

USCIS had previously conducted multi-agency EB-5 fraud risk assessments in fiscal year 2012 and again 2015 as one-time efforts. While USCIS acknowledged the constantly evolving nature of new fraud schemes, it lacked plans to conduct future risks assessments. GAO recommended regular future fraud assessments be done and USCIS agreed. In February 2016, USCIS agreed to develop such plans by the end of this fiscal year.

According to Gambler’s testimony, while USCIS has increased the size and expertise of its workforce to assess job creation, USCIS still needs to develop a strategy to enhance its information collection, and a methodology to analyze information submitted on program forms to better evaluate the actual number of jobs created and to determine whether the investment amount was appropriate. The GAO recommended that USCIS track and verify data to confirm total investment and jobs created and DHS agreed to implement this recommendation by the end of fiscal year 2017.

The bill, S.2540 entitled Fair Day in Court for Kids Act of 2016, provides that the Attorney General may appoint attorneys at government expense to represent aliens in immigration proceedings and requires that appointed attorneys are to be given copies of case relevant DHS documents.  The bill specifically provides that immigration court proceedings cannot go forward  until the alien’s attorney has both received the relevant documents and has had time to review them.  The bill mandates the appointment of attorneys at government expense for unaccompanied alien minors and vulnerable populations such as aliens with disabilities, or those who are the victims of abuse, or violence, or other have circumstances where appointment of counsel is needed to assure a fair hearing.

In addition, the bill mandates that all aliens who are detained in facilities supervised by ICE or the Border Patrol be provided access to attorneys no matter where such facilities are located, and detained persons be provided with information about legal services programs which may apply to them.

The chances for passage of the bill are limited in light of rhetoric of the 2016 presidential election.

The bill, S.2540 entitled Fair Day in Court for Kids Act of 2016, provides that the Attorney General may appoint attorneys at government expense to represent aliens in immigration proceedings and requires that appointed attorneys are to be given copies of case relevant DHS documents.  The bill specifically provides that immigration court proceedings cannot go forward  until the alien’s attorney has both received the relevant documents and has had time to review them.  The bill mandates the appointment of attorneys at government expense for unaccompanied alien minors and vulnerable populations such as aliens with disabilities, or those who are the victims of abuse, or violence, or other have circumstances where appointment of counsel is needed to assure a fair hearing.

In addition, the bill mandates that all aliens who are detained in facilities supervised by ICE or the Border Patrol be provided access to attorneys no matter where such facilities are located, and detained persons be provided with information about legal services programs which may apply to them.

The chances for passage of the bill are limited in a 2016 presidential election year.

As background, since 2004, the DHS has been required to accelerate the plan to develop an automated entry and exit control system to match arrival and departure records for foreign nationals entering and leaving the United States which is able to report data on foreign nationals who have stayed beyond the time permitted to them to be in the United States.  From 2006 onward, DHS’ biometric entry capability has been in service at all ports of entry.  But DHS has yet to place into service a corresponding biometric exit capability which produces reliable data to track overstays.

The GAO report again suggests that DHS create time frames and specific goals for a biometric air exit system and a means to determine the reliability of the data which it has collected.  The GAO reports that as of January, 2016, DHS has neither reported its overstay data nor on data reliability, nor provided a time when DHS would respond to GAO’s recommendations on these points.

As background, the Washington Alliance of Technology Workers sued DHS alleging that DHS  impermissibly issued F-1 STEM regulations in 2008.  The court agreed with the plaintiffs but stayed vacating DHS’ current F-1 STEM regulations until February 12, 2016 to permit DHS time to properly issue new F-1 STEM regulations.  DHS issued its proposed F-1 STEM regulations on October 19, 2015.

Citing extraordinary circumstances in its receipt of more than 50,000 comments to its proposed regulations which it must review and to which it must respond, DHS stated that it needs approximately 30 additional days to complete rulemaking and an additional 60 day period to train its personnel and provide training aids and materials for foreign students, universities and employers beyond the current February 12, 2016 date.

DHS seeks an extension of the court’s vacatur order until May 10, 2016.

All VWP applicants must register in advance of their proposed travel through the online Electronic System for Travel Authorization or ESTA.  Only VWP applicants who clear ESTA can board a U.S. bound aircraft; those who do not must apply for and receive a U.S. visitors visa before coming to the U.S.  Within the last year, the Department of Homeland Security and the Department of State have increased their coordinated efforts to improve security.

After the Paris terrorist attacks in November, 2015, DHS is taking immediate steps to collect additional information on the ESTA application to learn which VWP applicants have traveled to terrorist active countries.  The data is designed to assist in making risk assessments.  DHS is exploring plans for pilot programs to capture applicant biometrics.  It also seeks to identify which countries whose citizens can participate in the VWP are deficient in screening and sharing information with the United States.  Coordination and sharing of information between the National Intelligence Director, the FBI, DHS, the Department of State are now in high gear.  These efforts are targeted towards making current information available on each VWP applicant to keep the U.S. safe from terrorist threats by making the VWP defensively robust.

Citing a global threat environment as a reason to know more about those persons using the VW program, DHS announced three new security requirements: (1) VW Program travelers now must use e-passports; (2) DHS will use the INTERPOL Lost and Stolen Passport Database for VW travelers; and (3) DHS will seek to expand its use of U.S. air marshals on flights from VW countries to the United States.

DHS considers these changes as part of is commitment to do more to address a growing threat of foreign terrorists, without impeding international travel to the United States.

Hire a Medicaid Planning Lawyer

Having a Certified Elder Law Attorney on your side makes the process of filing for nursing home medicaid so much easier.  There are many pitfalls for those unaware.  If the nursing home Medicaid application isn’t completed properly then your loved one could either be turned down for Medicaid or sacrifice assets that wouldn’t need to be spent down if working with an elder law attorney who is an expert on Michigan Medicaid planning.

What’s Required to Apply for Medicaid in Michigan

There really are only two things necessary to apply for Medicaid in Michigan.  First you need to fill out the actual Medicaid application.  Next you need to provide documentation to verify general and financial requirements.

Sounds simple, right?  If only it was that easy.  There is an art and science to putting together a Medicaid application that is accepted by the Department of Human Services (DHS)

Once you’re found eligible medically for nursing home Medicaid, then you must pass the financial asset test as well.  For a single individual you can only have $2,000 in countable assets to qualify for Medicaid.  A Michigan elder law attorney can help you protect more than the $2,000 through proper Medicaid planning.

Some of the documents DHS may ask to help prove financial eligibility include current tax bills, real estate appraisal, copies of mortgage, bank statements and even bank statements from the previous 5 years.

Married Couples Qualifying for Medicaid

If you’re married and have a loved one in a nursing home and you’re looking to qualify for Medicaid, you will also need to provide a snapshot of your assets upon first entering the hospital or nursing home.  This can help establish how much the community spouse may be able to protect with the help of a Medicaid planning elder law.

Medicaid Planning is Not a Do-It-Yourself Project

It is important to hire a Michigan Medicaid planning lawyer if you’re completing a Medicaid application because there are many dangers to watch out for an opportunities that can be missed.

If you need help with Medicaid for a loved on in Macomb, Oakland, Wayne or Livingston county, contact our office and we’ll be able to offer expert assistance as one of a handful of Certified Elder Law Attorneys (CELA) in all of Michigan.

The post Michigan Medicaid Applications for Nursing Home Care appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

According to a communication from Terrence M. Beurer, Director, Field Operations Administration, all SBO Trust assets are deemed countable pursuant to BEM 401, page 11 regarding Medicaid irrevocable trusts, which states:

Count as the person’s countable asset the value of the countable assets in the trust principal if there is any condition under which the principal could be paid to or on behalf of the person from an irrevocable trust.

This is a huge and disturbing change of policy with zero warning.

This effects married couples where one spouse is health and one spouse is in a nursing home.  As a Certified Elder Law Attorney, we have other planning strategies that are available to protect the assets, however, for Michigan married couples who have SBO Trust currently in process with DHS looking to protect their assets from nursing home spend down, this will be a huge problem and will most likely result in a bunch of denials.

According to a communication from Terrence M. Beurer, Director, Field Operations Administration, all SBO Trust assets are deemed countable pursuant to BEM 401, page 11 regarding Medicaid irrevocable trusts, which states:

Count as the person’s countable asset the value of the countable assets in the trust principal if there is any condition under which the principal could be paid to or on behalf of the person from an irrevocable trust.

This is a huge and disturbing change of policy with zero warning.

This effects married couples where one spouse is health and one spouse is in a nursing home.  As a Certified Elder Law Attorney, we have other planning strategies that are available to protect the assets, however, for Michigan married couples who have SBO Trust currently in process with DHS looking to protect their assets from nursing home spend down, this will be a huge problem and will most likely result in a bunch of denials.

The post Massive Changes to Medicaid Planning in Michigan For Married Couples using Sole Benefit Trusts appeared first on Elder Care Firm.

As background, DHS can authorize employment authorization while school is in session to students from countries DHS deems to be experiencing civil unrest. The authorization once approved for each student, means that an F-1 student whose country of citizenship is Syria and who faces severe economic need is deemed to be engaged in a full course of study while being able to work increased hours and maintain a reduced course load.

The measure will assist Syrian students who rely mainly on funds from Syria to continue their students and support themselves when funds from Syria may no longer be available to them.

Rabinowitz & Rabinowitz, PC. is an immigration law firm in Dallas Texas representing individuals and family members in lawful permanent resident and U.S. Citizenship cases. To learn more visit http://www.rabinowitzrabinowitz.com.

On the nonimmigrant visa side, S.744 both provides for additional nonimmigrant visa categories and additional H-1B visa numbers. It also includes additional restrictions on H-1B and L-1 visa classifications further burdening employers who need foreign talent with additional fees and additional requirements to thwart fraud. As of this writing, the Senate has had 3 days of mark up on S.744.

In this article, we shall examine a summary of the starting point of S. 744 affecting nonimmigrant visa classifications.

A. F-1 Students:

* Dual intent recognized for F-1 students in bachelor’s or graduate degree programs.

B. New E Specialty Workers:

* Permits citizens of countries with whom the U.S. has Bi-Lateral Investment Treaties or Friendship, Commerce and Navigation Treaties to enter the U.S. as specialty occupation workers to work for a U.S. employer offering specialty occupation employment.

* Requires the employer to file and obtain a certified a Labor Condition Application (“LCA”) from the U.S. Dept. of Labor.

* Also provides this benefit specifically to citizens of South Korea.

* Limit is 5,000 visas per year per country.

C. E-3 Visas for citizens of Ireland:

* Irish citizens who seek E-3 status to perform services as an employee must have at least a high school education or its equivalent, or has, within 5 years, at least 2 years of work experience in an occupation which requires at least 2 years of training or experience.

D. Nonimmigrant Visa Portability:

* Both H-1B status holders and now O-1 status holders can begin work with a new H-1B or O-1 employer upon the filing of a new, respective H-1B or O-1 petition provided the new petition is non-frivolous, the H-1B or O-1 status holder has not worked without authorization, and such person has been lawfully admitted.

E. Deference to Previously Approved H-1B and L-1 Petitions:

* If the prior petition does not have material error, a substantial change in circumstances, or adverse newly discovered information, USCIS to defer to the prior petition in exercising its discretion.

F. Nonimmigrant Visa Revalidation Within the U.S:

* Dept. of State to allow visa revalidation in the U.S. for A, E, G, H, I, L, N, O, P, R, or W for otherwise eligible and qualifying applicants.

G. Nonimmigrant Stay and Employment Authorization Extensions:

* Nonimmigrants in employment authorized A, E, G, H I, J, L, O P, Q, R and TN whose employers have filed a timely extension maintain status and employment authorization until the extension is adjudicated.

H. H-1B Specialty Occupation Workers:

* Range of H-1B visa numbers between 110,000 and 180,00 using a High Skilled Demand Index to vary the number. Cap limited to changes of 10,000 visas per year.

* The exemption for foreign nationals with U.S. earned Masters Degree or higher increases to 25,000 but it is limited to STEM occupations, including biological and biomedical sciences.

* Spouses of H-1B will have employment authorization eligibility.

* H-1Bs have a 60 days grace period after termination of employment to depart the U.S. During that period the H-1B considered in status for purposes of filing to extend, change, or adjust status.

* Change to the DOL wage determinations from 4 wage levels to 3. Level 1 = mean of the lowest 2/3 of all surveyed wages in an MSA. Level 2 = mean of all wages. Level 3 = mean of the highest 2/3 of all wages. Employer must pay 100% of prevailing wage.

* 4 level DOL wage determinations remain for nonprofit higher education institutions.

* Employers must recruit for H-Bs by posting notice on a to-be-created DOL H-1B web site for 30 days before filing an LCA. Employer must offer position to a U.S. worker equally or better qualified.

* H-1B employers must attest that they have not and will not displace a U.S. worker for 90 days after the date of filing an LCA. Exempts employers whose number of employees in the same job classification has not changed in the past year. For H-1B dependent employers, the non-displacement period forward and back is 180 days.

* H-1B employers who outsource, lease otherwise contract for placement of services must pay a $500.00 fee. Prohibition on outsourcing for H-1B dependent employers.

* New H-1B or L-1 Fee: In addition to existing H-1B fees, DHS is to collect a new fee from an employer using the H-1B or L-1 program. The fee is $1,250.00 per H-1B petition provided the employer has not more than 25 full time or full time equivalent employees. For employers with 26 or more employees, the fee is $2,500 for an H-1B or L-1 petition. Nonprofit research institutions and nonprofit educational institutions are exempt from these fees.

* Nonprofit institution of higher education, nonprofit research organization, and employers engaged in healthcare who file for a nurse, physician, physical therapist or similar position care not H-1B dependent notwithstanding the number of H-1B workers.

* New definition of “intending immigrant:” A foreign national who intends to live and work in the U.S. for whom a labor certification for 1 year or a filed employment based immigrant visa petition. An intending immigrant is not counted as an employee in H-1B or L status in calculations required under the bill.

* DOL to conduct annual compliance audits of employers who have more than 100 employees if more than 15% of such workforce is in H-1B status.

* H-1B employers to provide H-1B foreign nationals with a copy of the entire H-1B petition within 30 days of filing the LCA. Employer can redact proprietary or financial information.

* USCIS or DOL to provide H-1B or L-1 foreign national with information on employee rights, employer obligations, and government agency contact information.

* H-1B Dependent Employer Fees Increase:

1. In fiscal years 2014-2024, a $5,000 fee for an employer who employs 50 or more employees if more than 30 percent and less than 50 percent of the applicant’s employees are H–1B nonimmigrants or L nonimmigrants.

2. In fiscal years 2015-2017, a fee of $10,000 for an employer who employs 50 or more employees if more than 50 percent and less than 75 percent of the applicant’s employees are H–1B nonimmigrants or L nonimmigrants.

* Nonprofit institutions of higher education are exempt from these fees and intending immigrants do not count as H-1B or L-1 employees.

* Increases penalties for LCA violations to $2,000. Exposes employers to liability for any employee harmed by the violation as to lost wages and benefits.

* In determining prevailing wage level for an employee of an institution of higher education, or a related or affiliated nonprofit entity or a nonprofit research organization or a governmental research organization, the prevailing wage level only takes into account employees at such institutions and organizations in the area of employment.

* H-1B employers cannot

1. Advertise any as only available to F-1 OPTs or H-1B nonimigrants;
2. Advertise that F-1 OPT or H-1B will receive preference in the hiring process;
3. Solely recruit individuals who are or who will be F-1 OPT or H–1B

* Limitation on total H-1B and L-1 nonimmigrants for a specific employer: Employers with 50 or more employees must sum the number of H-1B and L-1 employees.

1. For FY 2015, that sum cannot exceed 75% of the total number of employees;
2. For FY 2016, that sum cannot exceed 65%;
3. After FY2016, that sum cannot exceed 50% of the total number of employees;

* DOL standard of review for LCA to include “completeness and evidence of fraud or misrepresentation.”

1. DOL has 14 days to certify LCA instead of 7;
2. Employer can file H-1B petition without LCA, but USCIS cannot approve petition until DOL certifies LCA;
3. DOL can investigate if DOL finds evidence of fraud or misrepresentation.

* H-1B or L visa or status holder to receive a brochure of employer’s obligations and employee’s rights, and federal agency contact information which can provide additional information. If visa issued abroad, DOS to provide; if change done in the U.S. by USCIS, USCIS to provide.

I. L-1 Intra-company Transferees

* Employer cannot place, outsource, lease or otherwise contract an L-1′s services unless L-1 would not be supervised by outplaced entity, the placement is not essential labor for hire, and other employer attests that it has not displaced and will not displace a United States worker during the period beginning 90 days prior to and 90 days after the date the employer files L petition.

* New Office L-1s: Petition can be approved for up to 12 months if:

1. Nonimmigrant has not been the beneficiary of 2 or more petitions during the immediately preceding 2 years;
2. The employer operating the new office has an adequate business plan, sufficient physical premises to carry out the proposed business activities; and
3. The financial ability to start doing business immediately upon the approval of the petition.

* Extension approval requires:

1. A statement summarizing the original petition; evidence that the employer has complied with the business plan;
2. Evidence of the truthfulness of statements in the original new office petition;
3. Evidence that the employer has been doing business at the new office through regular, systematic, and continuous provision of goods and services;
4. Statement of the duties the nonimmigrant has performed at the new office during the new office approval period;
5. Duties the nonimmigrant will perform at the new office during the extension period;
6. Statement describing the staffing at the new office, including the number of employees and the types of positions held by such employees;
7. Evidence of wages paid to employees;
8. Evidence of the financial status of the new office;

* Limitation on total H-1B and L-1 nonimmigrants for a specific employer: Employers with 50 or more employees must sum the number of H-1B and L-1 employees.

1. For FY 2015, that sum cannot exceed 75% of the total number of employees;
2. For FY 2016, that sum cannot exceed 65%;
3. After FY2016, that sum cannot exceed 50% of the total number of employees;

* In FY 2014, employers with 50 or more U.S. based employees must pay an L-1 filing fee of $5,000 if more than 30% and less than 50% of the employer’s employees are in H–1B or L-1 status.

* For each FY 2014-2017, employers with 50 or more U.S. employees must pay an L-1 filing fee of $10,000 if more than 50% and less than 75% the employer’s employees are in H–1B or L-1 status.

* DHS can investigate L-1 employers for violations of L-1 requirements based on specific, credible information. DHS can withhold identity of complaining witness. 24 month window. Employer may request a hearing if DHS finds a reasonable basis for employer’s failure to comply and DHS must make a finding within 120 days after hearing.

1. No federal court review of finding permitted.

* DHS may conduct voluntary surveys regarding employer compliance.

* DHS to conduct annual compliance audits of employers with more than 100 U.S. employees if more than 15% such employees are in L-1 status.

* DHS penalties up to $2,000 fine, debarment of 1 year for misrepresentation or failure to comply; up to $10,000 and 2 year debarment for willful failure.

* Employer can be liable to employees for lost wages and benefits harmed by each violation.

Rabinowitz & Rabinowitz, PC. is a business immigration firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration attorney, visit http://www.rabinowitzrabinowitz.com.