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USCIS Reports on November 2014 EB-5 Processing Times

admin — Wed, 12 Nov 2014 16:58:18 +0000

In its November 10, 2014 Processing Time Information, USCIS reports processing initial EB-5 investor immigrant petitions within 14.3 months of filing. For EB-5 investors seeking to remove conditions on their residence, USCIS reports a 6.8 months adjudication time frame from filing date, and for new regional center applications, USCIS reports a 8.5 month adjudication time frame from filing. Compared to the October, 2014 USCIS EB-5 report, initial EB-5 investors have about a month longer to wait, investors seeking to remove conditions have about a month less to wait, and initial regional center applicants have a few weeks longer to wait for case adjudication.

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.

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India EB-2 Visa Numbers Expected to Retrogress

admin — Fri, 12 Sep 2014 23:48:59 +0000

The October, 2014 Visa Bulletin advises that the current high level of EB-2 demand from India could push back Indian EB-2 priority dates from its current May 1, 2009, to early 2005. In fact, this retrogression could occur as early as November, 2014, reflecting the large number of filings in behalf of Indian EB-3s who sought a re-filling as an EB-2 to shorten the wait for visa availability. Eligible Indian EB-2s are urged to file for adjustment of status before the end of October, 2014 while visa numbers remain available.

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

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White House Remains Steadfast in Support of Senate Immigration Bill

admin — Thu, 16 Jan 2014 00:20:53 +0000

Many U.S. companies — dependent on a relatively unrestricted granting policy for H-1B visas — are nervous over a U.S. Senate bill that would make the visas more costly.

The Obama administration hopes to make the Senate measure the heart of its immigration reform proposals. As such, the White House has been trying to make the case that the legislation would prove beneficial to work-related immigrants in the United States, particularly to those from India.

When he met with President Obama in September, Indian Prime Minister Manmohan Singh signaled his nation’s concern that Congress might restrict immigration from India, particularly that of Indian businesspeople and their capital. With India among the top 10 origins of immigrant entrepreneurs to the United States, it is not difficult to see why the prime minister brought up the issue.

But in throwing his weight behind the Senate-crafted immigration measure, Obama referenced the issue Singh raised (albeit without directly addressing the latter’s constituent concerns).

“The Senate bill would create new pathways for immigrant entrepreneurs and investors and make key improvements to the H-1B program,” reads a White House fact sheet.

Petitioners from India constitute a hefty 64 percent of all workers who come to the United States on H-1B visas, so the White House has also pointed out that the new Senate legislation would increase the number of available H-1B visas from 65,000 to 115,000 each year.

The White House has also emphasized that much-in-demand science, technology, engineering and mathematics doctoral and master’s degree graduates would be exempt from the annual 140,000 visa cap. This exemption for STEM graduates could prove significant to Indian students, as Indian immigrants constitute 56 percent of all immigrant students pursuing a master’s degree in computer science and engineering in the United States.

In addition, the White House has stressed the expanded business opportunities it foresees for foreign investors as a result of the Senate measure, which would bump the number of EB-5 visas up from 10,000 to 14,000 per year.

However, resistance to some of the Senate’s key proposals from domestic labor groups (among other interests) block any guarantee that the upper chamber’s measure will survive through the next session, much less emerge unchanged from the House of Representatives.

Still, the language from 1600 Pennsylvania Avenue remains supportive of the Senate measure.

“The Senate bill would eliminate the existing backlogs for employment-based green cards, exempt certain employment-based categories from the annual cap and remove annual country limitations altogether,” the White House said.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

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H-1B vs EAD

admin — Thu, 30 May 2013 18:04:00 +0000

Question: I have filed my I-485 petition and have my work and travel permit. Do I still need to continue my H-1B?

I get asked the above question a lot. And the answer like most things is, “it depends.”

Since the Department of State advanced the current dates for Indian and Chinese individuals in 2007 and then EB-2 towards the end of 2011, a lot of people filed for adjustment of status (I-485). Along with that filing they got the initial Employment Authorization Document and advance parole (travel document). Those documents can be extended yearly until one gets the Green Card (Permanent Resident Card). So technically one does not need the H-1B

Please note though that once you don’t extend the H after 6 years of being in H status, it disappears. You cannot extend it anymore. If you want to get back to the H quota, you will have to go back for one year, then you will have to wait for the next fiscal year, and might have to get into the lottery which happens some years, including this year. In other words its close to impossible to get back the H status if you don’t keep extending beyond 6 years.

The work and travel permits are dependent on the I-485. This is applicable to the principal alien filing the I-485, ie the person for whom the employer filed the Labor Certification. As long as the I-485 is valid (ie the Employer still wants to continue the process) there should be no problem. The problem arises though when the sponsoring employer does not want to sponsor anymore.

However if the principal alien has a new employer after 180 days of filing the I-485, that new employer can transfer the Green Card (Permanent Resident Card) process through AC-21. The job has to be “same and similar” to the job described in the labor certificate. In this situation, the I-485 will be valid for the principal and the dependent aliens as well.

If it happens to be a job in a completely different area, the new employer can start a whole new process of PERM- Labor Certification. The principal alien will still get the old Priority Date, but in this case the I-485 will no longer be valid. And if the principal and dependent aliens don’t have a valid H-1B visa, they cannot do this.

The bottom line: The H-1B visa provides a second layer of security and should be extended if cost is not a consideration. However if cost is a factor, one needs to do a cost-benefit analysis.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information

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