IMMIGRATIONLAWYERBLOG.US

Syrian Nationals Get Safety

ImmigrationLawyerBlog.us — Mon, 02 Apr 2012 18:43:53 GMT

The Department of Homeland Security has designated Syria for Temporary Protected Status (TPS) for a period of 18 months, effective March 29, 2012 through September 30, 2013.The Immigration Service is authorized to grant TPS to eligible Syrian nationals.

This designation allows eligible Syrian nationals, who have been continuously physically present in the United States since March 29, 2012 to be granted TPS.

Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on March 29, 2012. They may also apply for Employment Authorization Documents (EADs) and for travel authorization.

DATES: This designation of Syria for TPS is effective on March 29, 2012 and will remain in effect through September 30, 2013. The 180-day registration period for eligible individuals to submit TPS applications begins March 29, 2012, and will remain in effect through September 25, 2012

Syria joins some other countries, whose citizens are eligible for TPS status: El Salvador, Sudan, Nicaragua Honduras, Somalia and South Sudan.

Applying for Waivers from 3 year/10 year Bar inside the USA

ImmigrationLawyerBlog.us — Wed, 14 Mar 2012 23:16:00 GMT

On January 9, 2012 the USCIS indicated that it was considering permitting immediate
relatives to apply for provisional unlawful presence waivers inside the USA.

(The procedure for regular spousal petitions is discussed at the following link:
http://snaid.com/Marriage-Green-Cards.html )

Currently people can only apply for such waivers at the time of their interviews at the
consulate. This has created huge delays, where husbands, wives, and/or parents are
stuck outside the USA for months, before they receive a response to their applications.
On February 24, 2012 the American Immigration Lawyers Association and many other
non-profit organizations sent a letter to the USCIS applauding it for taking steps to
ameliorate the hardships faced by U.S. citizens and their families in using the current
method of applying for waivers.

Obviously the new system will encourage people, who are entitled to apply for
waivers, to apply for permanent residence, because they will be allowed to file the
waivers, without the extreme hardships that occur, when bread winners or child-care
homemakers are separated from their families for lengthy periods of time.

At the moment the provisional waiver process will be limited to "immediate relatives."
The various organizations asked to USCIS to expand the benefit of provisional stateside
waiver processing to other preference categories like unmarried and married children of
U.S citizens, spouses and children of permanent residents and brothers and sisters of
US citizens.

The organizations also requested that the new procedure apply to other types of
waivers that would otherwise bar people from entering the USA.

“New” L-1 and other Business Visas?

ImmigrationLawyerBlog.us — Wed, 14 Mar 2012 19:10:46 GMT

Perhaps the best news in the business visa arena in years is that the USCIS is considering different business models for business visas in their new initiative entitled “Entrepreneurs in Residence.”

When I started practicing immigration law 30 years ago, it was possible for an owner (“manager”) of a foreign corporation, which had a couple of employees to transfer himself/herself to a subsidiary in the USA with an intra-company (L-1) visa. After a year, if the U.S. subsidiary corporation was viable, it was possible to petition for permanent residence for the owner.

Today this business model would not qualify for an L-1 visa.

Today the definition of a “manager” is more in-line with a “manager” is in a government
department. The USCIS requires the manager to manage supervisors, who in turn supervise
other workers. This three-tier “vertical” business model is antiquated. Sure you will still find this model in large businesses, but it fails to take into account the enormous changes that have taken place in all areas of business. Today businesses are outsourcing many aspects of their businesses.

Independent contractors, consultants, commissioned agents, internet marketers to mention just a few groups are all over the business landscape. Outsourcing business activities makes good sense in so many ways to businesses. This “horizontal” distribution of duties saves money and avoids burdensome regulations that are strangling businesses.

While the business world has changed, the interpretation of immigration laws and regulations are based on a business model that is antiquated.

Many foreign corporations with sensible business models for the USA are stopped from coming to the USA, so potential jobs in new U.S. ventures are lost. Why? Because their business models do not comply with the standard business model that is required by the USCIS for the L-1 visa. See: snaid.com/Intracompany-Transferee-L-1-Visa.html

Last year the Administration wanted to encourage new investment in the USA by foreign
businesses. More businesses mean more jobs. The idea was to make it easier for foreigners to
invest in the USA.

Earlier this month the USCIS created a tactical team of USCIS staff, external business experts and immigration lawyers, who will provide the USCIS with unconventional business models that can benefit the U.S. economy and ensure that the interpretation of the immigration laws will be clear and consistent to accommodate these new models.

While the laws relating to L-1visas may not change, the interpretation of the laws could result in a “new” L-1 visa.

While it unlikely that new visas will be created by ‘Entrepreneurs in Residence,” it is possible that the USCIS will become more accommodating and flexible in their interpretation of the laws. Such a move would be tantamount to creating “new” business visas.

Waivers for Illegal Aliens Married to U.S. Citizens

ImmigrationLawyerBlog.us — Mon, 23 Jan 2012 18:49:51 GMT

People who enter the U.S.A. illegally or overstay the time that they are allowed to be in the USA by 180 days or more and who leave the country are barred from reentering the USA for 3 years if they did not overstay by more than 1 year or barred from reentering for 10 years, if they were illegally in the country for more than 1 year. The act of leaving the USA is what triggers the bar to reentering.

Example: Anna, a citizen of Mexico, who came to the USA illegally. She is now 25 and is married John, a U.S citizen. If John petitions for Anna for permanent residence, it will not be possible for her to adjust her status to permanent residence inside the USA, since she does not have legal status inside the USA. Anna will be obliged to leave the USA to be interviewed at a Consulate in Mexico. The moment she leaves the USA, she is barred from returning for 10 years, UNLESS John can prove that it would be an exceptional hardship for him to live in Mexico for 10 years or wait for Anna to join him in the USA after 10 years. This is known as a "waiver." (Please note that there are exceptions. Where someone entered the country with a visa, overstayed and marries a U.S citizen. In that case it is possible to adjust status to permanent residence in the USA. There are some other exceptions, so check before you leave the country)

The present procedure requires John to wait until Anna is called for her interview in Mexico before he can submit his request for an exceptional hardship waiver. The consulate will then submit the waiver application to the Immigration Service for consideration.

It can take months before a decision is made by the Immigration Service, but Anna is required to wait in Mexico during this time. This waiting time can present serious challenges. For example, if they have children and John is working, who will care for the children?

U.S. Citizenship and Immigration Services (USCIS) intend to change its current process for filing and adjudication of certain applications for waivers of inadmissibility filed in connection with an immediate relative immigrant visa application. Specifically, USCIS is considering regulatory changes that will allow certain immediate relatives of U.S. citizens to request provisional waivers, prior to departing the United States for consular processing of their immigrant visa applications. An alien would be able to obtain such a waiver only if a Petition for Alien Relative, Form I-130, is filed by a U.S. citizen on his or her behalf and that petition has been approved.

This revised process, which eliminates the time-consuming interchange between the Department of State and USCIS, would significantly reduce the amount of time that American families will be separated from their immediate relatives. USCIS also believes that efficiencies can be gained through this revised process for both the U.S. Government and most applicants.

USCIS would grant a provisional waiver if the alien meets the eligibility requirements, including demonstrating that the applicant's qualifying U.S. citizen spouse or parent would suffer extreme hardship. The provisional waiver would be granted before the alien leaves the United States to attend his or her immigrant visa interview with a consular officer. The provisional waiver, however, would not become effective unless and until the alien departs from the United States. If the alien is otherwise eligible for the immigrant visa, the consular officer may then approve the issuance of the visa so that the alien may proceed to immigrate to the United States for permanent residence.

The new process will reduce the movement of the case back and forth between the Department of State and USCIS, which significantly prolongs the overall process and increases the time that U.S. citizens are separated from their immediate family members.

USCIS will issue a proposed rulemaking that will explain the proposal in further detail and that will invite comment from all interested parties. Note: Do not send an application requesting a provisional waiver under the procedures under consideration in this notice. Any application requesting this new process will be rejected and the application package returned to the applicant, including any fees, until a final rule is issued and the change becomes effective.

“New” Business Visas in the Pipeline?

ImmigrationLawyerBlog.us — Thu, 29 Dec 2011 16:25:00 GMT

Recently the U.S. Citizenship and Immigration Services (USCIS) announced a new initiative, Entrepreneurs in Residence (EIR), with the immediate goal of recruiting a small “tactical team” of business experts to work with USCIS staff to help streamline operations and enhance pathways within existing immigration law to help immigrant entrepreneurs start and grow businesses in the United States

This intensive 90-day project is a major priority for USCIS, the Department of Homeland Security, and the White House Startup America initiative.

USCIS just posted the job announcement to recruit external business experts for this tactical team, and applications will be accepted through December 31, 2011.

What is the goal of the USCIS EIR team?

The purpose of this tactical team is to bring business experts in-house to work alongside USCIS staff with the goal of more fully realizing the potential of current immigration law to attract foreign entrepreneurial talent. This means optimizing the range of existing visa categories already used by entrepreneurs to provide a pathway to success that is more clear, consistent, and aligned with business realities.

Immigration Service is “Spying”

ImmigrationLawyerBlog.us — Tue, 27 Dec 2011 19:24:14 GMT

While most immigration petitions are genuine, the Immigration Service is constantly looking out for the scams.

In fact, the Immigration Service (“USCIS”) charges a Fraud Fee in some petitions, but the investigation of fraud in immigration cases is not only limited to those particular petitions.

The Office of Fraud Detection and National Security (“FDNS”) at the USCIS has been browsing the social network sites to root out fraud. The FDNS released a memo entitled “Social Networking Sites and their Importance to FDNS,” which makes it clear that the USCIS is investigating people, who apply for immigration benefits. This memorandum was obtained through a Freedom of Information Act demand on the government.

The memo does not say what level of suspicion is required before FDNS will investigate a person on the social media pages.

The memo even guides investigators on how to make “friends” with people on these sites so that they can get access to those restricted personal pages.

A social networking site can reveal a bogus marriage, where someone is listed as “single.” An H-1B professional who is supposed to be working for a software developer may be exposed as working as a bar tender. The solemn religious worker, who is seen chugging spirits at a wild beach party, will have no chance in arguing that “spirits” and “spiritual” are the same.

Kind-hearted U.S. citizens, who are only “trying to help” someone stay in the country can find themselves in federal criminal courts for fraud. Remember Uncle Sam is watching.

Death of Spouse within 2 years of Marriage

ImmigrationLawyerBlog.us — Fri, 14 Oct 2011 16:37:00 GMT

If you are the widow(er) of a U.S. citizen who died before October 28, 2009 you may be eligible to immigrate to the United States if:

You and your deceased spouse were married for less than 2 years when your spouse died and
You file Form I-360 for Special immigrant classification as a widow/widower by October 28, 2011. See section 568(c) of Public Law 111-83 for more information.

DHS Comment Request on a Proposal Impacting Certain EB-5 Applications Approved Between 1995 and 1998

ImmigrationLawyerBlog.us — Thu, 13 Oct 2011 17:11:00 GMT

The Department of Homeland Security (DHS) is proposing to amend its regulations governing the employment creation (EB-5) immigrant classification. This rule only proposes requirements and procedures for special determinations on the applications and petitions of qualifying aliens whose employment-creation immigrant petitions were approved by the former Immigration and Naturalization Service (INS) after January 1, 1995 and before August 31, 1998. This rule would implement provisions of the 21st Century Department of Justice Appropriations Authorization Act.

The Regulations can be found at: Federal Register Vol. 76, Number 192, October 4, 2011 modifying Federal Register Vol. 76, Number 188, September 28, 2011 from page 59927 onwards.

Anyone wishing to comment on these regulations must submit them in writing on or before November 28, 2011.

Green Card Lottery Starts October 4, 2011

ImmigrationLawyerBlog.us — Wed, 12 Oct 2011 18:20:00 GMT

The Department of State administers the congressionally mandated Diversity Immigrant Visa Program, which is conducted on an annual basis. The Lottery provides a maximum of 55,000 Diversity Visas each fiscal year to be made available to persons from countries with low rates of immigration to the United States. Since DV-1999, Congress has set aside 5,000 of this annual allocation to be made available for use under the Nicaraguan and Central American Relief Act (NACARA).

The 2013 Diversity Visa Program (DV-2013) will open at noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2011, and will close at noon, EDT, Saturday, November 5, 2011. Applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV) at www.dvlottery.state.gov. Paper entries will not be accepted. We strongly encourage applicants not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon, EDT, on November 5, 2011.

The annual program makes visas available to persons meeting the simple, but strict, eligibility requirements. A computer generated, random drawing chooses selectees for Diversity Visas. The visas are distributed among six geographic regions, with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the United States over the period of the past five years. No single country may receive more than seven percent of the available Diversity Visas in any one year.

For DV-2013, natives of the following countries are not eligible to apply because the countries sent more than 50,000

immigrants to the United States in the previous five years:

BANGLADESH, BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL

SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, SOUTH KOREA,

UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.

A native ordinarily means someone born within a particular country, regardless of the individual’s current country of

residence or nationality. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

Beginning with DV-2005, the Department of State implemented an electronic registration system in order to make the

Diversity Visa process more efficient and secure. They utilize special technology and other means to identify those who commit fraud for the purposes of illegal immigration, or those who submit multiple entries.

For DV-2013, the Department of State will once again implement an online process to notify entrants of their selection, and to provide information about the immigrant visa application and interview. Beginning May 1, 2012, DV-2013 entrants will be able to use their unique confirmation number provided at registration to check online through Entry Status Check at http://www.dvlottery.state.gov to see if their entry was selected. Successful entrants will receive instructions for how to apply for immigrant visas for themselves and their eligible family members. Confirmation of visa interview appointments will also be made through Entry Status Check.

For detailed information about entry requirements, along with frequently asked questions about the DV program, please see the instructions for the DV-2013 Diversity Visa program available at

http://travel.state.gov/visa/immigrants/types/types_1318.html.

Entrepreneurs may get Green Cards if they are Exceptional and will Benefit the U.S. National Interest.

ImmigrationLawyerBlog.us — Tue, 11 Oct 2011 18:01:54 GMT

The usual path to a green card based on an alien’s occupation requires a U.S. employer to petition for the alien for a green card. Before the U.S. employer can do so, it is necessary for the employer to prove that there is a shortage of U.S. workers for that job. This process is known as applying for a Labor Certification.

The exception to this rule allows aliens to petition for themselves and avoid the labor certification process, if they are exceptional in their field and they will benefit the U.S. national interest. In other words, the labor certification requirement is waived, if the alien’s occupation will benefit the national interest of the U.S.A., hence it is known as a “national interest waiver. (NIW)”

An entrepreneur can qualify if the:

Entrepreneur will be working in the sciences, arts, or business;
Entrepreneur has exceptional ability in the sciences, arts, or business; and
Entrepreneur will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States

How does an entrepreneur show that he or she will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States?

Entrepreneurs should discuss in their petitions, which element(s) (national economy, cultural or educational interest, or welfare of the United States) the entrepreneurial enterprise is claimed to benefit. For example, the educational interests of the United States may be met by an entrepreneurial enterprise that establishes tutoring instruction learning centers throughout the United States.

As another example, the entrepreneur could demonstrate that at least one aspect of the welfare of the United States will be “substantially” better off were the entrepreneurial enterprise to be located in the United States. It should be noted that the term “welfare” as used by the statute is a broad concept and could refer to any number of areas.

NATIONAL INTEREST WAIVER

The term “national interest” is not defined in the statute or the regulations, andCongress did not specifically define the phrase in the relevant legislative history.

However, USCIS issued a precedent decision concerning NIWs, Matter of New York

State Dept. of Transportation, 22 I&N Dec. 215 (Comm. 1998) (NYSDOT).

While NYSDOT does not involve an entrepreneur, the decision contemplates that entrepreneurial or self-employed beneficiaries may qualify for the NIW under limited circumstances.

NYSDOT lays out a three pronged test for NIW applicants to qualify for a waiver of the job offer requirement:

1. The waiver applicant must seek employment in an area that has substantial intrinsic merit.

2. The waiver applicant must demonstrate that the proposed benefit to be provided will be national in scope.

3. The waiver applicant must demonstrate that it would be contrary to the national interest to potentially deprive the prospective employer of the services of the waiver applicant by making available to U.S. workers the position sought by the waiver applicant.

Stated another way, the petitioner must establish that the entrepreneur will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.

For more on this green card :

http://snaid.com/National-Interest-Waiver-and-Exceptional-Ability-Waiver.html

USCIS Proposing Three Fundamental Changes to the Way it Processes EB-5 Regional Center filings

ImmigrationLawyerBlog.us — Mon, 08 Aug 2011 17:54:08 GMT

First, USCIS proposes to accelerate its processing of applications for job-creating projects that are fully developed and ready to be implemented. USCIS will also give these EB-5 applicants and petitioners the option to request Premium Processing Service, which guarantees processing within 15 calendar days for an additional fee.

Second, USCIS proposes the creation of new specialized intake teams with expertise in economic analysis and the EB-5 Program requirements. EB-5 Regional Center applicants will be able to communicate directly with the specialized intake teams via e-mail to streamline the resolution of issues and quickly address questions or needs related to their applications.

Third, USCIS proposes to convene an expert Decision Board to render decisions regarding EB-5 Regional Center applications. The Decision Board will be composed of an economist and adjudicators and will be supported by legal counsel.

These are only proposals at this time.

Marriage and adjustment of status after entry on Visa Waiver

ImmigrationLawyerBlog.us — Wed, 27 Apr 2011 17:22:00 GMT

It is possible to adjust the status of a spouse to permanent residence, if that spouse entered the USA on the visa waiver program (“VWP”) provided the application is filed within the 90-day admission period.

It also seems clear that it is not possible to file for adjustment of status if a person is already in removal (deportation) proceedings.

There was a time, when field officers at the USCIS were approving adjustment of status in VWP cases even if the applicant had passed the 90-day authorization period of stay, when the application was filed.

Later many USCIS officers refused to adjust the status for people beyond the 90 day authorized period of stay. This all created great confusion. The American Immigration Lawyers Association has now received notification that USCIS headquarters has been instructed to adjudicate adjustment applications, which were filed by individuals, who last entered the U.S. under the visa waiver program and overstayed unless the potential beneficiary is subject to an I-9A Section 217 removal order. Immigration headquarters are currently drafting final guidance including an adjudicator’s field manual update on this topic. Obviously these cases will be adjudicated on their merits.

Applicants must be aware of the issues of preconceived intent, when entering the USA on the VWP. http://snaid.com/spouse.html

H-1B Filing

ImmigrationLawyerBlog.us — Tue, 26 Apr 2011 21:19:00 GMT

U.S. Citizenship and Immigration Services (USCIS) announced on April 8, 2011 that it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2012 cap. The agency began accepting these petitions on April 1, 2011.

USCIS is monitoring the number of petitions received that count toward the congressionally mandated annual H-1B cap of 65,000 and the 20,000 U.S. master’s degree or higher cap exemption.

USCIS has received approximately 5,900 H-1B petitions counting toward the 65,000 cap, and approximately 4,500 petitions toward the 20,000 cap exemption for individuals with advanced degrees.

San Diego Immigration Lawyer - Treaty Investor (E-2) visas

ImmigrationLawyerBlog.us — Wed, 18 Aug 2010 23:47:57 GMT

The U.S. has treaties with certain countries , whichallow citizens of those countries to make a substantial investment in a U.S.business and to receive E-2 Treaty Investor visas .Canada and Mexico are among the countries whose citizens are eligible.

The investment must give the investor control of the business.

The term "Substantial" is not defined as a dollar amount in the E-2 visalaws. There is what is known as the "proportionality test", which considersvarious factors. In simple terms: Is the amount of the investment substantial inrelation to the type of business? A business that requires machinery andinventory will require a larger investment than a service type business, whichdoes not require significant equipment.

A foreign corporation in a country that qualifies for E-2 visas may sendcitizens of that country to the USA on E-2 visas , provided the majority of thestockholders in the foreign corporation are citizens of that treaty country.

An E-2 country citizen need only own 50% of the stock in the U.S.corporation, which he/she intends to direct and develop. This control allows theE-2 visa holder to veto any decisions and this negative control constitutescontrol.

The investment may not be "marginal." The business must have a present andfuture ability to generate more than a minimum living for the investor, while atthe same time the purpose of the business may not merely be intended to providethe investor with a good living. An important factors to consider in evaluatingthe marginality of the business are whether the business will create and expandjobs for U.S. workers and will it generate more income than would be considereda good living.

The money that is invested must be "at risk." It is not sufficient todeposit a substantial amount of money in the corporation's banking account. "Atrisk" means that the funds are no longer under the investors control. It ispossible to buy a business, deposit the funds in an escrow account and agreethat the money will only be handed to the seller if the E-2 visa is granted.

Money is not the only form of investment that is permitted. Inventory andequipment may be imported and considered in the investment.

The investor's spouse and children under the age of 21 are also eligible toreceive E-2 visas, even if they are citizens of a non-treaty country. The E-2visa holder's spouse is entitled to receive work authorization and may work forany employer.

San Diego Immigration Lawyer: J-1 Final Rule

ImmigrationLawyerBlog.us — Tue, 17 Aug 2010 22:21:00 GMT

The Department of State published an interim final rule amending its regulations regarding Trainees and Interns for J-1 Visas . It eliminates the distinction between "non-specialty occupations" and "specialty occupations," establish a new internship program, and modifies the selection criteria for participation in a training program .

It amends the requirements to permit the use of telephone interviews to screen potential participants for eligibility, to remove the requirement that sponsors secure a Dun & Bradstreet report profiling companies with whom a participant will be placed and also amends this provision to provide clarification regarding the verification of Worker's Compensation coverage for participants and use of an Employer Identification Number to ascertain that a third-party host organization providing training is a viable entity, and to clarify that trainees and interns may repeat training and internship programs under certain conditions.

Investor Green Card Popularity Surges

ImmigrationLawyerBlog.us — Mon, 12 Jul 2010 23:00:00 GMT

Filings Almost Double for EB-5 visas

By Leon Snaid*

The EB-5 visa program gives green cards to foreign investors who invest $1m in a commercial enterprise that will create jobs for 10 people. The amount is reduced to $500K in rural and high unemployment areas.

Regional Centers are investment opportunities that are approved by the USCIS for such investments. When people hear that the Immigration Service first must approve the investment opportunity before it is designated as a Regional Center for EB-5 visa petitions, they assume that their investment will be safe and that they are guaranteed green cards. In reality, all the Immigration Service is saying by granting Regional Center status is that if everything goes according to the business plan, each investment will generate jobs for 10 workers.

The USCIS disclosed at an EB-5 Visa Stakeholder Meeting in June, 2010 that there were more petitions for green cards through the EB-5 Visa category in the first 7 months of this fiscal year than in the entire 2009 fiscal year. Investments in Regional Centers accounted for approximately 90-95% of these petitions.

According to the USCIS they received 1100 EB-5 visa petitions from October 2009 to May 2010 and approved 955 of such petitions.

The petitioner initially receives a two-year Conditional Green Card and at the second anniversary must prove that the business is operating according to the business plan and the money remains invested.

Choice of Regional Centers Expands

There are now ninety-four Regional Centers in which an investment can lead to EB-5 visa green cards for foreign investors and their families. The Immigration Service recently published their new list, which includes 29 California Regional Centers. In March 2007 there were only 17 active Regional Centers.

An investment in a Regional Center is becoming an attractive way to get permanent residence, if you have the money. The amount of the investment has not increased in 20 years, but potential investors must be careful. An investment in a Regional Center does not guarantee a green card through the EB-5 visa program.

Regional Centers offer flexibility to an investor. For example, a person may invest in one of the California Regional Centers, while operating a business in Vermont or retiring in Florida. Parents may lend money to their children for the initial investment.

“Which are the best Regional Centers to invest in?”

The choice of investment opportunities in Regional Centers has swelled and people should select investments that suit their investment strategies and which they believe will yield the best results. There are many types of Regional Centers, which include investment opportunities in hospitality, warehousing, real estate, agriculture, manufacture and even the motion picture production.

An investor should consider the types of investments that appeal to him or her. Why would someone invest in vineyards or motion pictures if they do not know the first thing about them?

Source of Funds

There are many issues in the EB-5 visa. What is particularly important is the source of the funds. You must be sure that the source of the funds for the investment qualifies for the EB-visa. Money that is borrowed on the security of the investment or cash that comes from an investor’s corporation does not qualify. The investment must be made directly by the investor. The proof of the source of the funds is critical.

It is possible for the funds to pass through various banking accounts, provided it is possible to trace the funds as being from the investor.

Due Diligence

A person must make specific inquiries with the Regional Center that relate to the likelihood of the business being successful and the probabilities of the investment resulting in a green card.

It is essential to use the services of professionals, because once the money is invested, the investor has very little control over the business. While the EB-5 visa requires an investor to have policy-making decisions, an investor’s input is minimal, when there are many investors.

*Author: Leon Snaid is a Certified Immigration Law Specialist, who is certified by the State Bar of California’s Board of Legal Specialization. www.snaid.com

Warning: The information is the above article is not legal advice and should not be acted upon without first consulting with an attorney.

Immigration Lawyer San Diego- Surviving Spouses of Deceased U.S. Citizens and Their Children

ImmigrationLawyerBlog.us — Fri, 31 Jul 2009 20:09:00 GMT

In the past a petition that may have beenfiled by a U.S. citizen forPermanent Residence for his/her spouse was automatically revoked upon the deathof the U.S.citizen. There was certain relief if the parties had been married for more than2 years.

Now the Immigration Service has providedguidance on petitions by deceased U.S. citizens for their spouses.

In future, surviving spouses of U.S.citizens who died before the second anniversary of the marriage, if notremarried and who were not legally separated from the citizen spouse at thetime of the citizen’s death and who are residing in the United States as wellas such surviving spouse’s children will now be entitled to humanitarian reliefin their pursuit for Permanent Residence.

Immigration Lawyer San Diego- Immigration Reform Discussions

ImmigrationLawyerBlog.us — Tue, 30 Jun 2009 19:47:00 GMT

There is no question that ourimmigration laws need overhauling. Many people think that the only area ofimmigration law that is being considered is the “legalization” of illegalaliens. This is not true. There are many areas of immigration law that needreview and changes.

The big question is if and howthe immigration laws will be changed.

On June 25 the President, Vice President, and key cabinetmembers met with a bipartisan group of Senate andHouse leaders representing the different views onimmigration. The White House characterized the meeting as the"launch" of a policy conversation and "an honest discussion aboutthe issues...identifying areas of agreement and areas where we still have workto do, with the hope of beginning the debate in earnest later this year."

President Obama wants the leaders of both parties to get somethingdone soon. He does not want discussions on the issues to be delayed for two,three or five years from now.

The subject is highly sensitive and willdraw inflame opposition to any changes. The good news is that at leastimmigration reform is being discussed.

Immigration Lawyer-San Diego: The U.S. Immigration Quota System.

ImmigrationLawyerBlog.us — Tue, 16 Jun 2009 00:29:00 GMT

On March 20, 2009 the law making Religious Workers eligible for permanentresidence as Special Immigrants was extended to September 30, 2009

PriorityDates and How they Work

The USA has an annual quota on thenumber of green cards it gives out to immigrants in the various categories thatqualify for green cards. The annual quota is for the fiscal year (“FY”) of the USA, namelyOctober 1- September 30.

There are the family categories (or asthey are known, the Family Preferences e.g. Sons and daughters of U.S. citizens,Spouse of Permanent Residents etc.) and the Employment categories (EmploymentPreferences e.g. People of extraordinary ability in the sciences; Peoplewith Bachelor degrees whose skills are in short supply in the USA etc.)

In most of these “Preferences” there is abacklog, which means that there are more people who are eligible to get greencards, than there are green cards available from the quota each year. So thereare lines in the different categories.

When a person applies for permanentresidence in one of these categories, the date of the application isbasically his/her “priority date.” This is provided that the applicationis ultimately approved.

So a person’s application may beapproved, but because of the backlogged quota system in most of thePreferences, there probably will not be a green card available at that time.

Howdoes a person know, when they are at the front of the line to get their greencards?

Each month the State Department issuesthe Visa Bulletin, which informs the public, which people in the variouspreferences are at the front of the line to get their permanent residency.

The State Department does not mention thepeople by name, but rather gives the priority dates that are “current.”

When a person’s priority date iscurrent, they are entitled tofile for the final processing for their permanent residence (green cards.)

Guestimates on when a person mayexpect his/her priority date to be current

I have carefully used the word“guestimates,” and not “estimates,” because the only information that isavailable in the Visa Bulletin is how long the person, who now at the front ofthe line had to wait to get there.

So if a person’s Priority Date is June 1,2005 and their priority became current on June 1, 2009, they had to wait in theline for 4 years in their preference category. This information does notguarantee that someone, who applies in the exact same preference category onJune 1, 2009, will have to wait the same amount of time. There could be manymore people in front of the person, who applies on June 1, 2009, than were infront of the person who applied in June 2005.

The calculation is further complicated bythe fact that there is a limit on the number of green cards that may be givento any particular country in any given year. For the most part all countriesare equally backed up, except China,India, Mexico and the Philippines, which are backed upfurther.

San Diego Immigration Lawyer

ImmigrationLawyerBlog.us — Fri, 27 Mar 2009 21:31:00 GMT

www.snaid.com

On March 20, 2009 the law making Religious Workers eligible for permanent residence as Special Immigrants was extended to September 30, 2009.