The EB-5 investor visa program allows a foreign national to obtain a green card if he or she invests money in the United States which creates jobs in the United States. An individual must invest $1 million, or $500,000 in certain rural or high-unemployment areas, and create or preserve at least 10 U.S. Worker jobs. The foreign national can invest directly in his or her own project or in a government approved Regional Center. A Regional Center assembles and manages EB-5 investment projects and an investment in a Regional Center project can count direct and indirect job creation.
Critics of the EB-5 program say that it has fraud and security risks. Without action by Congress, the program will expire on September 30, 2016. The organizations said in their letter to Congress that the program has played an important role in creating jobs in the United States, and allowing it to lapse would have “immediate negative consequences” to U.S. projects and businesses counting on EB-5 funding.
“The EB-5 Regional Center program, while imperfect, has resulted in investments in the United States exceeding $15 billion in the last 10 years which have generated 100,000 U.S. jobs,” said Stewart Rabinowitz, a Dallas immigration attorney with Rabinowitz & Rabinowitz, P.C. “Instead of killing a program with substantial employment impact, Congress should consider integrity and other program improvements.”
An attempt to renew the program failed in the Senate in December, 2015.. Lawmakers agree that stronger national security and anti-fraud provisions are needed, and the organizations said in their letter that they support those reforms. The coalition said that lawmakers and stakeholders should join together to build consensus and create a compromise reform package.
The post Organizations Pressure Congress to Extend the EB-5 Regional Center Program first appeared on SEONewsWire.net.]]>The new AAO decision, In the Matter of Simeio Solutions LLC, holds that if a new Labor Condition Application (LCA) is filed for an H-1B employee to reflect a change in work location that is outside the metropolitan statistical area of the original worksite or worksites set forth on the LCA and in the original H-1B petition, then the H-1B employer must now file an amended petition with a new LCA with USCIS for that worker.
The requirement of an amended petition only applies when the work location is in a different MSA, or metropolitan statistical area, from the original work location. Therefore, an amended petition is not necessary when a worker is moved to a different worksite within the same MSA, although the original LCA must still be posted at the new worksite. Similarly, an amended petition is not needed when a worker is simply traveling to a non-worksite location, such as for a training event. In some circumstances, a worker may also be placed at a new worksite, even in a different MSA, for a short-term placement without the need for an amended petition. This applies when the original worksite is still the employee’s base, but the worker is moved to a different worksite for less than 30 days, or in some cases, 60 days.
Subsequent to the AAO decision, which USCIS considers to apply retroactively, USCIS issued guidance to employers, stating that employers who move H-1B employees to new worksites prior to the issuance of the decision have until August 19, 2015 to file amended petitions.
Stewart Rabinowitz, Board Certified, Immigration and Nationality Law – Texas Board of Legal Specialization. Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses, families, and individuals.
The post Employers to file amended LCAs and H-1B petitions if H-1B work locations change first appeared on SEONewsWire.net.]]>USCIS conducted a computer-generated random process to select the 65,000 general cap petitions and the 20,000 advanced degree exemption, and on April 13, 2015, selected all petitions for each group. The agency will return to petitioning employers those petitions not selected. USCIS has since announced that the it will begin premium processing the selected H-1B cases who have selected that service on April 27, 2015. It will continue to accept and process H-1B petitions for H-1B workers who have previously been counted against the H-1B cap.
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.
The post USCIS Received an Unprecedented Number of H-1B Petitions for FY 2016 first appeared on SEONewsWire.net.]]>USCIS will use a lottery to decide which cases it will select. It will reject and later return all cases not chosen, including filing fees. USCIS has not announced when it will conduct the “H-1B lottery” nor the total number of petitions it has received since it began accepting H-1B filings on April 1 for the fiscal year beginning on October 1. During the last fiscal year, USCIS received more than 124,000 H-1B petitions.
U.S. employers were further frustrated this year by news that trusted delivery services either delayed or damaged numerous H-1B filings. Many employers learned too late of the delivery fiasco and USCIS provided instructions on how to withdraw the first and re-submit another H-1B petition the day before the cap was reached, which was too late for many employers whose cases arrived late or damaged to timely withdraw and re-file.
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.
The post USCIS Reaches H-1B Cap on April 7, 2015 for FY2016: Delivery Glitches Frustrate Many Employers first appeared on SEONewsWire.net.]]>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.
The post President Takes Executive Action on Immigration first appeared on SEONewsWire.net.]]>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.
The post National Visa Center Changes Document Collection Policy first appeared on SEONewsWire.net.]]>After the trial period ends, USCIS intends to implement an application to replace a Permanent Resident Card through the USCIS ELIS portal in early 2015.
Rabinowitz & Rabinowitz, PC. is a Dallas immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.
The post USCIS Announces a 72 Hour Trial Test of a Web Based Application to Replace a Green Card first appeared on SEONewsWire.net.]]>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.
The post USCIS Reports on November 2014 EB-5 Processing Times first appeared on SEONewsWire.net.]]>Rabinowitz & Rabinowitz, PC. is a Dallas immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.
The post China and the U.S. Agree to Lengthen Visitor and Student Visa Validity Periods first appeared on SEONewsWire.net.]]>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.
The post India EB-2 Visa Numbers Expected to Retrogress first appeared on SEONewsWire.net.]]>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.
The post U.S. Consular Posts in Canada Limit Visa Applications from Non-Canadians first appeared on SEONewsWire.net.]]>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.
The post USCIS H-1B Premium Processing to Begin April 28, 2014 first appeared on SEONewsWire.net.]]>In a press release issued by the White House, the Department of Homeland Security will soon issued regulations permitting employment authorization for H-4 spouses. This is welcome news for many high skilled workers in the U.S. We shall report on the details once the regulations are promulgated.
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.
The post White House Announces Employment Authorization Forthcoming for H-4 Spouses first appeared on SEONewsWire.net.]]>USCIS will conduct its random selection of the advanced degree exemption H-1B petitions first and those not selected will be added to the pool of petitions to be considered for the 65,000 H-1B petition limit. Because of the volume of received H-1B petitions, USCIS has not announced when it will conduct the selection process.
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.
The post H-1B Cap Reached on April 7, 2014 for FY 2015 first appeared on SEONewsWire.net.]]>In the second case, the City of Hazelton, Pennsylvania passed employment and housing ordinances in 2006 aimed at controlling illegal immigration by limiting those who could work and live in that city only to persons who could prove legal status in the United States. The high court let stand a Third Circuit decision finding that the local ordinance was preempted by federal immigration law. Both actions were championed by Kansas Secretary of State Kris Korbach.
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.
The post Supreme Court Bans 3 Municipal Ordinances Aimed at Controlling Illegal Immigration first appeared on SEONewsWire.net.]]>In the second case, the City of Hazelton, Pennsylvania passed employment and housing ordinances in 2006 aimed at controlling illegal immigration by limiting those who could work and live in that city only to persons who could prove legal status in the United States. The high court let stand a Third Circuit decision finding that the local ordinance was preempted by federal immigration law. Both actions were championed by Kansas Secretary of State Kris Korbach.
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.
The post Supreme Court Overturns 3 Municipal Ordinances Aimed at Controlling Illegal Immigration first appeared on SEONewsWire.net.]]>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.
The post U.S. Consulate General in Toronto to Require E Visa Applicants to E-Mail Applications first appeared on SEONewsWire.net.]]>The following chart reflects location, family size, and annual income:
2014 POVERTY GUIDELINES FOR THE
48 CONTIGUOUS STATES AND THE
DISTRICT OF COLUMBIA
Persons in family/household Poverty
guideline
1 …………………………………….. $11,670
2 …………………………………….. 15,730
3 …………………………………….. 19,790
4 …………………………………….. 23,850
5 …………………………………….. 27,910
6 …………………………………….. 31,970
7 …………………………………….. 36,030
8 …………………………………….. 40,090
For families/households with more
than 8 persons, add $4,060 for each
additional person.
2014 POVERTY GUIDELINES FOR
ALASKA
Persons in family/household Poverty
guideline
1 …………………………………….. $14,580
2 …………………………………….. 19,660
3 …………………………………….. 24,740
4 …………………………………….. 29,820
5 …………………………………….. 34,900
6 …………………………………….. 39,980
7 …………………………………….. 45,060
8 …………………………………….. 50,140
For families/households with more
than 8 persons, add $5,080 for each
additional person.
2014 POVERTY GUIDELINES FOR
HAWAII
Persons in family/household Poverty
guideline
1 …………………………………….. $13,420
2 …………………………………….. 18,090
3 …………………………………….. 22,760
4 …………………………………….. 27,430
5 …………………………………….. 32,100
6 …………………………………….. 36,770
7 …………………………………….. 41,440
8 …………………………………….. 46,110
For families/households with more
than 8 persons, add $4,670 for each
additional person.
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.
The post HHS Issues 2014 Poverty Guidelines first appeared on SEONewsWire.net.]]>As background, a foreign national spouse in the U.S. in H-4 status is authorized to stay in the U.S. only so long as the principal alien. There are time limits on most nonimmigrant stays in the U.S. If the foreign national dependent spouse later seeks to be re-classified as a principal alien in certain non-immigrant classifications, the question remains whether previous time in dependent H-4 status will count against future time limits as a principal alien. In December, 2006, USCIS determined that time in H-4 status spent by a spouse of an H-1B nonimmigrant does not count toward future time limits if the dependent spouse seeks to become a principal alien in H-1B status, nor does time spent by a spouse in L-2 status count against future time limits if the dependent spouse seeks to become a principal alien in L-1 status. USCIS had been silent about whether the same rule applied to H-4 status if the dependent spouse seeks to become a principal alien in H-2 or H-3 status.
Now USCIS has supplemented and extended its policy to include future time H-2 and H-3 status. USCIS states that these changes are appropriate because they are consistent with overall statutory authority and because they promote family unity, resulting in a harmonious application of law. Thus, a foreign national spouse in the U.S. in H-4 status eligible to be granted H-2 or H-3 status, can remain in the U.S. for the maximum time permitted by each respective classification without subtracting time previously spent in H-4 status.
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.
The post USCIS States that Time Spent in H-4 Status Does Not Count Towards Future Time in H-2 or H-3 Status first appeared on SEONewsWire.net.]]>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.
The post House Republican Plan on CIR: Proceed Slowly Until Other Events Consume Bandwidth first appeared on SEONewsWire.net.]]>Should there be an issue requiring correction, a foreign national can take the I-94 printout and other documentation to the nearest CBP Deferred Inspection office for resolution. Finally, despite CBP’s efforts to advise all state departments of motor vehicles of the paperless I-94 process, some offices still expect to see an I-94 as part of issuance of a state drivers license to a foreign national traveler.
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.
The post Paperless I-94 Processing: Some Bumps Along the Road first appeared on SEONewsWire.net.]]>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.
The post BIA Holds Same Sex Marriage Valid for Immigration Purposes if Valid Under State Law first appeared on SEONewsWire.net.]]>Rabinowitz & Rabinowitz, PC. is a Dallas immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.
The post Senate Passes Comprehensive Immigration Reform: House Fate Uncertain first appeared on SEONewsWire.net.]]>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.
The post DHS Continues Employment Authorization for Certain Syrian F-1 Students to 2015 first appeared on SEONewsWire.net.]]>The CBO stated that while the effects of immigration policies on the federal budget are uncertain and complicated especially when extended well into the future, the estimates make assumptions regarding the legislation’s stated increases in nonimmigrant and immigrant categories, together with projections on the number of persons who may obtain legalized status under the bill’s proposed provisions.
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.
The post CBO Estimates $175 Billion Savings if Senate Bill Enacted first appeared on SEONewsWire.net.]]>The ELIS system permits an applicants to make a payment, file an application, and submit electronically scanned evidence directly to USCIS. It also permits an applicant to gain real-time information about his or her case and receive USCIS notices electronically. Despite substantial investment by USCIS in ELIS, it covers only a single form: An application used by certain foreign nationals who seek to change or extend their visitor, or student stay. Now ELIS is also to be used by immigrants abroad to pay a Immigrant Fee to USCIS before departing for the U.S. instead of making payment on pay.gov. Starting February 1, 2013, USCIS began collecting a $165.00US fee for each immigrant who receives an immigrant visa package from a U.S. consulate or embassy abroad to receive a green card in the U.S. The fee reimburses USCIS for the cost of immigration processing after an immigrant surrenders his or her visa package to USCIS.
USCIS has not stated when ELIS will be expanded to process any of the other dozens of paper forms which USCIS requires of immigrants and non-immigrants alike.
Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.
The post US Electronic Immigration System Expands to Cover Immigrant Fee first appeared on SEONewsWire.net.]]>While there is no guidance directly on point, in a policy Memorandum issued on April, 2010, Immigration and Customs Enforcement (“ICE”) advises against travel for an F-1 student whose H-1B change of status petition has not yet been decided. It bases its reasoning on USCIS policy that considers the change of status portion of an H-1B petition as abandoned if the H-1B beneficiary departs the U.S. before USCIS decides the case. The Memorandum is silent regarding cap-gap travel if the H-1B petition is already approved. To be safe, H-1B cap gap beneficiaries should remain in the U.S. during the cap-gap interval and those considering travel abroad should consider making an H-1B visa application in September. H-1B visa status holders can enter 10 days in advance of their start date but can only begin work on October 1.
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.
The post F-1 to H-1B Lottery Winners: Travel Before October 1 is Risky first appeared on SEONewsWire.net.]]>Travel and tourism supports almost 8 million U.S. jobs and recent increases in tourism account for strong job growth in the leisure and hospitality sector. The Administration has a strategy in place to increase travel and tourism to attract more than 100 million international tourists who may spent up to $250 billion per year and expand economic growth throughout the country. The Administration’s goal is to maintain and improve national security through better law enforcement cooperation in the Visa Waiver program, together with enhancements to visa and visitor processing, and processing at U.S. ports of entry while making the U.S. a destination of choice worldwide. The sheer size and significance of the travel and tourism sector of the U.S. economy and long term U.S. concerns regarding terrorism and national security underscore the difficulty in balancing these interests. But balancing them is what the Administration must do.
Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.
The post International Travelers Injected $14.4 Billion Into the U.S. Economy in March, 2013 first appeared on SEONewsWire.net.]]>First, a traveler can check admission class and validity period to see that they match the CBP passport stamp and annotation. Second, having an I-94 paper printout can assist a foreign national in obtaining a state driver’s license as well as in obtaining a U.S. Social Security number. Finally, an employment authorized foreign national can furnish an I-94 printout to an employer in completing Form I-9 Employment Eligibility Verification. Foreign nationals can go online to www.cbp.gov/i94 and print out their I-94 record.
Rabinowitz & Rabinowitz, PC. is a Dallas immigration law firm representing businesses, families, and individuals. To learn more or to contact an attorney, click here to visit http://www.rabinowitzrabinowitz.com.
The post Paperless I-94 Processing Goes Into Effect first appeared on SEONewsWire.net.]]>