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“Pooled Direct” EB-5 Investment No Longer Allowed

Under the EB-5 Reform and Integrity Act of 2022, any EB-5 project with more than one EB-5 investor must be sponsored by a Regional Center. The “Pooled Direct” investment schemes were thus eliminated.

Those “pool direct” investmet became popular during the eight-month lapse of the Regional Center program (June 30, 2021 – March 15, 2022)

Petitions filed before March 15, 2022 are grandfathered but USCIS is rejecting petitions filed on or after March 15, 2022 based on a pooled, non-regional center investment.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one aspect of EB-5 program.  If you would like to discuss if you are eligible to apply for EB-5 green card or need help obtaining EB-5 green card, schedule a consultation with an experienced EB-5 immigration lawyer in Arizona at www.calendly.com/irena-3 TODAY! We look forward to talking with you and helping you get your EB-5 green card!

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Employ foreign workers under J-1 program

Are you looking for more options to employ foreign workers in the United States?  One of the options may be through the J-1 program.  You can either apply to be designated as a sponsor.  You must have a responsible officer with at least 3 years of experience in international exchange, have experience in operating a successful business, present financial statements, or audit report, meet financial obligations and responsibilities of the exchange visitor program and demonstrate your ability to comply with the regulations of the exchange visitor program.  The processing time is over 4-6 months.  Alternatively, you may participate in the J-1 program as the host organization that conduct training or internship programs according to an agreement with the designated sponsor.

J-1 program is for the following foreign workers: professors and research scholars, short-term scholars, trainees or interns, college and university students, teachers, secondary school students, nonacademic specialists, foreign physicians, international visitors, government visitors, camp counselors, au pair and summer students in a travel and work program.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about J-1 program.  If you would like to discuss if you are eligible to apply for J-1 sponsor designation or need help hiring foreign workers through J-1 program, schedule a consultation with an experienced J-1 immigration lawyer in Arizona at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009! We look forward to talking with you and helping you hire foreign workers through J-1 program!

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EB-5 investment increased

The minimum capital investment amount for EB-5 green card has increased to $1,050,000 and to $800,000 for investments in targeted employment area and infrastructure projects.  The minimum investment amounts will be automatically adjusted for inflation every five years.  The EB-5 Reform and Integrity Act of 2022 brought some other changes and re-authorized the Regional Center Program until September 30, 2027.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about EB-5 green card process.  If you would like to discuss if you are eligible to apply for EB-5 green card or need help obtaining Eb-5 green card, schedule a consultation with an experienced EB-5 immigration lawyer in Arizona at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009! We look forward to talking with you and helping you obtain EB-5 green card!

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Visa for medical researcher or physician’s assistant

Foreign medical graduates may be eligible for H-1B visa if they have an invitation from a public or nonprofit private educational or reserach institution or agency to teach and conduct research, or if coming as a clinical physician and have passed (i) the licensing administered by the Federation of State Medical Boards of the US or an equivalent and (ii) English language proficiency test given by ECFMG.

If the foreign physician is not coming to the U.S. to perform services as a member of the medical profession (e.g., administrator of drug company), the certifying exam is not required. A physician’s assistant or medical researcher are not eligible for H-1B visa if they are involved in any manner whatsoever in direct patient care.

Another option may be J-1 visa or under certain circumstances B-1 visa.

A medical doctor otherwise classifiable H-1 as a member of a profession whose purpose for coming to the United States is to observe U.S. medical practices and consult with colleagues on latest techniques, may be eligible to visit the U.S. as a B-1 visitor for 60-90 days provided no remuneration is received from a U.S. source and no patient care is involved.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about some visa options for foreign medical physicians.  If you would like to discuss what is the best visa option in your circumstances or need help obtaining visa for foreing medical graduate, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009! We look forward to talking with you and helping you obtain visa fro foreign physician!

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Green card lottery registration ends on November 9, 2021, at 12 pm EST

The online registration period for the 2023 Diversity Visa Program (DV-2023) has started on October 6, 2021. For Fiscal Year 2023, up to 55,000 diversity visas (DV) will be available.

You have to be native of a country with historically low rates of immigration to the U.S. and have at least a high school education or its equivalent, or 2 years of work experience within the past 5 years in an occupation that requires at least 2 years of training or experience to perform.

The results will be available on May 8, 2022. All selected applicants must obtain their visa or adjust status by the end of the fiscal year 2023, which is from October 1, 2022, through September 30, 2023.

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E-3 approved in 2 days

My client owns and operates a mine in Arizona and wanted to hire a Senior Vice President and CEO to manage its mine.  This position is a specialty occupation and requires a degree and experience in the industry.  My client located a perfect candidate with an MBA degree and years of experience it this industry.  Since the candidate is Australian citizen, the best option was E-3 status.  We obtained certified labor condition application and filed the petition with request for premium processing.  The petition was approved just in 2 days and the CEO was authorized to start working immediately.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one example of E-3 status.  If you would like to discuss if you qualify for E-3 visa or need help obtaining E-3 visa, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009! We look forward to talking with you and helping you obtain E-3 visa!

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What is “cap-gap”?

Where an employer subject to H-1B cap properly files H-1B petition requesting an October 1 start date and a timely change of status on behalf of an F-1 student, student’s F-1 status and employment authorization (if in Optional Practical Training) is automatically extended until September 30, thus eliminating the “gap” between the time the F-1 status would have expired and the October 1 start date of H-1B status. If the H-1B petition is not filed before the OPT expires, the student may not be empoyed again until October 1. Cap-gap does not apply to cap-exempt H-1Bs.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one aspect of H-1B visa.  If you would like to discuss if you qualify for the cap-gap or need help obtaining H-1B visa, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 TODAY or call our office at 480-425-2009! We look forward to talking with you!

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What is STEM OPT and who qualifies for it?

Foreign students with student visas (F-1) may be eligible for 12 month of standard Optional Practical Training (OPT) at each higher educational level (one 12-month period at BA level then another at MA level). OPT must be directly related to the student’s major area of study. OPT allows F-1 students get a work authorization in the United States.

STEM OPT is a form of OPT after the course of study is completed. Science, technology, engineering, or mathematics (STEM) students can qualify for STEM OPT if they have a degree in a STEM field or as part of a dual-degree program. The STEM subject must be the F-1 student’s major or dual major. A STEM student may be allowed a 24-month extension beyond the initial 12 months of OPT. In order to qualify for the the 24-month STEM extension, the F-1 student’s field of study’s CIP (Classification of Instructional programs) code has to be included on the U.S. Department of Homeland Security STEM Designated Degree program List.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one aspect of employment for F-1 students.  If you would like to discuss if you qualify for STEM OPT or what are employment options in the U.S. you may have, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009! We look forward to talking with you!

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What is PERM?

PERM is the abreviation for the Program Electronic Review Management. It’s a system for processing labor certification application, which is necessary (with some exceptions, e.g., National Interest Waiver, Schedule A precertification) to get a green card through employment. The basic criteria are whether the employer has me the procedural requirements of the regulations, whether there are insufficient U.S. workers who are able, willing, qualified, and available, and whether the employment of the foreing worker will have an adverse effect on the wages and working conditions of U.S. workers similarly employed.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one aspect of the employment based green card process.  If you would like to discuss if you qualify for a green card through employment, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009! We look forward to talking with you!

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PERM for an operations director approved

Our client has a tower crane service company and needed to fill the position of operations director. There are not many people in the world who qualify for this position where safety is at stake. Therefore, the employer was willing to go through a PERM process to advertise the position in the Sunday newspaper, at a job fair, on the employer website and at the job search site according to strict regulations. The employer received over 200 application, but no applicant was willing, able, qualified and ready to take the job.

We submitted the application for permanent employment certification to the US Department of Labor. Originally, the US Department of Labor eroneously concluded that one applicant met the qualification requirements, but we showed that that application had no connection to the US and was not a US worker who this process is designed to protect. The application was certified and we can now file the petition and green card application to complete the green card process through employer.

Please note that this article does not constitute legal advice.  We simplified the law to show a case study about one aspect of the EB-3 process, green card process through employemnt.  If you would like to discuss if you qualify for EB-3 green card based on your employment, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009! We look forward to talking with you!