Jul
27

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USCIS Clarified Guidance on Deployment of EB-5 Investment Capital

Category: Uncategorized

USCIS has updated its Policy Manual with clarifying guidance on the deployment of investment capital under the EB-5 Immigrant Investor Program. It addresses the deployment of capital by a new commercial enterprise before and after jobs have been created.

Before the job creation requirement is met, a new commercial enterprise may deploy capital directly or through any financial instrument so long as applicable requirements are satisfied. The purchase of financial instruments traded on secondary markets generally does not satisfy these requirements.

USCIS further clarifies that once the job creation requirement has been met and the investment capital is returned, the new commercial enterprise may further deploy such capital within a reasonable amount of time (12 months or longer) into any commercial activity that is consistent with the purpose of the new commercial enterprise. Further deployment must continue to meet all applicable eligibility requirements within the framework of the initial bases of eligibility and must occur within the regional center’s geographic area, including any amendments to its geographic area approved before the further deployment. The further deployment, however, does not need to remain with the same (or any) job creating entity or in a targeted employment area.

For more information about EB-5 program, click here. If you would like to discuss if you qualify for an investor green card based on EB-5 category, call an experienced immigration attorney at 480-425-2009 or schedule your consultation online.

Jul
27

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Proposed USCIS filing fee increase

Category: Adjustment of status, Asylum, Best immigration attorney, E-2 visa, EB-1 Visa, EB-5 visa, EB-5 visa attorney, Employment authorization, Green card, Green Card based on Marriage, L visa, Legal Permanent Resident Status Tags: ,

In November 2019, the Department of Homeland Security proposed to adjust USCIS fees by a weighted average increase of 21 percent, add new fees, and make other changes, including form changes and the introduction of several new forms. For example, the filing fee for the application for naturalization is proposed to increase by 83% to $1,170, petition for H-2A non-immigrant worker by 87% to $860 (named worker), petition for L non-immigrant worker by 77% to $815 and petition for O non-immigrant worker by 55% to $715.

On July 22, 2020, the Office of Information and Regulatory Affairs completed review of a final rule increasing USCIS filing fees. The Federal Register will post a copy of the final rule for public inspection before publishing it officially. In the proposed rule, DHS noted that once the rule was finalized, it would not take effect for at least 60 days after publication.

If you are considering applying for a naturalization, green card or non-immigrant status, call an experienced immigration attorney at (480) 425-2009 or contact us through our website to schedule a consultation
before the filing fees increase.

Jul
27

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Why hire an Immigration Attorney?

Category: Best immigration attorney, Best Investor visa attorney in Phoenix, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Marriage Green Card, Top immigration attorney, Uncategorized, Work authorization Tags: ,

Because so much information is available online, you may feel that you can figure out what you need to do using Google and other online resources. Also, there is a misperception that immigration is about filling forms and submitting simple paperwork. While you can certainly gain knowledge of different visa and green card categories and forms to fill, keep in mind that there is lots of misinformation on the Internet, some information may be outdated or would not apply in your case. Immigration law is constantly changing. Even a minor regulatory or policy adjustment affects thousands of people. You may not be aware how the latest policy change, order or decision affects your case.

An experienced immigration attorney is up-to-date with all the government rules, policies, regulations, and various other local laws that may affect your case. His or her extensive experience and holistic view of even complex situations make him or her the best asset for you and can make a profound difference for you and your life.

We regularly advise clients who have already filed applications on their own with inadvertent mistakes that caused serious consequences. They may have filed a wrong form, missed a deadline, received a denial following a Request for Evidence that could have been easily addressed, or filed for visa, green card or naturalization when they were ineligible and face the threat of removal. One simple mistake on the form may be interpreted by the US Citizenship and Immigration Services as misrepresentation or fraud with serious consequences. Your one mistake can make the process more complex and can even prevent your from ever achieving what you were trying to apply on your own (e.g., children may reach certain age, deadline is missed, etc.).

An experienced immigration attorney can get you the result that sometimes you would not be able to get on your own. An experienced immigration attorney can save you money, time, frustration, and anguish in dealing with a much harder case on your own. You have someone on your side ready to answer your questions, guide you and help you in every step of sometimes long and complex immigration process.

An experienced immigration attorney evaluates your situation, determines your eligibility and the best process to take to achieve your immigration goal, knows what forms you will need, how to fill the forms accurately, what documents to submit and how to best present your case . Therefore, when you hire an experienced immigration attorney, you will have peace of mind that this life-changing immigration process will be achieved successfully without unnecessary delays. In addition, unlike document preparers and various online immigration service providers, immigration lawyers have a professional and ethical obligations to ensure that they
competently provide legal services to you.

If you would like to discuss how we can help you achieve your dream of legally living and working in the U.S., call an experienced immigration attorney at (480) 425-2009 or contact us through our website to schedule a consultation.

Jun
29

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H-2B application filing window opens on July 3, 2020

Category: Best immigration attorney, H-2B lottery, H-2B status, H-2B visa, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Top immigration attorney Tags: , , ,

The Office of Foreign Labor Certification (OFLC) announced that the filing window to submit H-2B Application for Temporary Employment Certification (Form ETA-9142B) requesting work start dates of October 1, 2020, or later, will open on July 3, 2020, at 12:00 a.m. Eastern Time. Such applications will be denied if they are filed before July 3, 2020, at 12:00 a.m. Eastern Time. OFLC will randomly order for processing applications filed during the initial three calendar days (July 3-5, 2020) will be selected using the randomization procedures.

H-2B visa category is for workers performing temporary non-agricultural service or labor.   The employer petitioning for H-1B status for a foreign worker must establish that the need for the employee will end in the near, definable, future.  The request for labor must be a one-time occurrence, a seasonal need, a peak load need, or an intermittent need. For more information about H-2B status, click here.

Please note that this articles does not constitute a legal advice.  We showed only a procedural step and deadline of the H-2B process.  If you would like to discuss if you may qualify for H-2B status, call our experienced H-2B visa attorney at 480-425-2009 or contact an experienced H-2B attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your H-2B visa.

Jun
29

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Treaty investor (E-2) visa for Czech dealer of motorized surfboard

Category: Best E-2 attorney in Phoenix, Best immigration attorney, Best Investor visa attorney in Phoenix, Czech investors, E-2 attorney, E-2 visa, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investment visa, Investor visa, Investor Visa Attorney, Top immigration attorney, Treaty investor (E-2) visa for investors from Czech Republic Tags: , , ,

My client, a Czech entrepreneur, formed a US company that entered into a dealer agreement with importer of motorized surfboard manufactured in the Czech Republic. Motorized surfboard is an ultra-light high tech personal watercraft and MotoSurf is one of the fastest growing sports.

My client’s company focuses on marketing, sales and service of motorized surfboards boards. The investment was “substantial” and consisted with showroom construction, furniture, equipment, tools, event expenses, payroll and other related expenses. The company started with just four employees and is expanding quickly.

The investment is not marginal and the enterprise is real and doing business. The treaty investor (E-2) visa was approved pursuant to bilateral treaty between the US and the Czech Republic.

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline the treaty investor (E-2) visa requirements.  If you would like to discuss if you may qualify for treaty investor (E-2) visa, call our experienced treaty investor (E-2) visa attorney at 480-425-2009 or contact an experienced treaty investor (E-2) attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your treaty investor (E-2) visa.

Jun
29

By

Characteristics of H-1B Specialty occupation workers

Category: H-1B, H-1B attorney in Phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Top immigration attorney, Uncategorized Tags: , , , , ,

The U.S. Citizenship and Immigration Services released its Fiscal Year 2019 (FY 2019) Annual Report to Congress. Among other things, the report shows that the number of H-1B petitions filed increased by 0.4 percent from FY 2018 to 420,549. The number of H-1B petitions approved increased 16.9 percent from FY 2018 to 388,403.

Of the H-1B petitions approved in FY 2019, 71.7 percent reported that the beneficiary was born in India. The second most prevalent country of birth of H-1B beneficiaries was the People’s Republic of China, representing 13.0 percent of all beneficiaries. The third most prevalent country of birth of H-1B beneficiaries was Canada, representing only 1.2 percent of all beneficiaries. The beneficiaries from each other country represent less than 1% of all beneficiaries. The number of beneficiaries from India approved for initial employment increased by 54.7 percent in FY 2019

At the time their petitions were approved, 62.4 percent of workers granted H-1B status during FY 2019 were between 25 and 34 years of age and 85.9 percent of workers between 25 and 39 years of age.

The breakdown of the highest level of education achieved by H-1B beneficiaries shifted to upward trend towards master’s degree in recent years. The report shows that 54 percent of all H-1B petitions approved for workers in FY 2019 reported that the highest degree achieved by beneficiary was the equivalent of a master’s degree, 36 percent a bachelor’s degree and 8 percent a doctorate degree.

The reports shows the distribution of beneficiaries by occupational category. The category of computer-related occupations was the largest occupational category in 2019 representing 66.1 percent of approved petitions. The second largest category was category of occupations in architecture, engineering and surveying representing 10.1 percent of approved petitions, followed by categories in administrative specializations (5.5%), education (5.1%), medicine and health (3.9%), mathematics and physical sciences (3%), life sciences (1.6%) and managers and officials (1.2%), etc.

The corresponding shares for initial employment in computer-related occupations were 56.3 percent and 71.6 percent for continuing employment. The number of H-1B petitions approved for workers in computer-related occupations increased by 16.3 percent. The number of H-1B petitions approved for all other known occupation groups increased by 18 percent. USCIS found that the median salary of beneficiaries for FY2019 was $98,000 and 54% held a master’s degree.

Please note that this articles does not constitute a legal advice.  We showed only some data from the report to outline some characteristics of H-1B visa/status recipients.  If you would like to discuss if you may qualify for H-1B status, call our experienced H-1B visa attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your H-1B visa.

Jun
29

By

Treaty investor (E-2) visa for Czech real estate investor

Category: Best E-2 attorney in Phoenix, Best immigration attorney, Best Investor visa attorney in Phoenix, Czech investors, E-2 attorney, E-2 visa, Treaty investor (E-2) visa for investors from Czech Republic Tags: ,

My clients, a married couple from the Czech Republic, formed an LLC where each have 50% ownership. The Company was formed as a real estate investment company to buy distressed properties at a discount price, holding for a year and remodeling and selling them for a profit or renting them as income generating real estate.  At the time we filed the investor visa application, Company has bought a total of 11 properties. Out of these properties, six were for resale and already two were sold at a considerable profit, the other five properties are currently rented generating healthy revenue. 

The Company has four employees, one full time and three part-time employees: a full time maintenance technician, handyman and electrician, a part-time bookkeeper) and two part-time secretaries.   The enterprise is real and doing business and investment is “substantial” and not marginal. My clients have extensive experience in real estate. Their treaty investor visas were approved without any problems for five years.

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline the treaty investor (E-2) visa process.  If you would like to discuss if you may qualify for treaty investor (E-2) visa, call our experienced treaty investor (E-2) visa attorney at 480-425-2009 or contact an experienced treaty investor (E-2) attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your treaty investor (E-2) visa.

Jun
29

By

Supreme Court Rules Asylum Seekers Cannot Seek Federal Court Review of Expedited Removal Orders

Category: Asylum, Best immigration attorney, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona Tags: , , ,

A citizen of Sri Lanka attempted to enter the US illegally. He was apprehended just 25 yards from the border, and put in an expedited removal process. He did not show “credible fear” of persecution to avoid expedited removal. He invoked the writ of habeas corpus to obtain additional review of his asylum claim and ultimately to obtain authorization to stay in the US. Habeas has traditionally been a means to secure release from unlawful detention.

The US Supreme Court ruled that neither the Suspension Clause nor the Due Process Clause of the Fifth Amendment requires any further review of his claims, and IIRIRA’s limitations on habeas review are constitutional as applied.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the latest US Supreme Court decision and its application to review or expedited removal orders.  If you would like to discuss if you may qualify for asylum, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation.

Jun
28

By

Changes in employment authorization for asylum seekers

Category: Asylum, Employment authorization, Immigration attorney Phoenix, Immigration Lawyer Scottsdale, Regulation changes, Work authorization Tags: , ,

On August 25, 2020, new changes to the regulations governing asylum seekers and their eligibility for employment authorization will become effective. New regulations extend the wait time before the asylum seeker can apply for employment authorization from 150 days to 365 days. Asylum seekers who have failed to file for asylum within one year of their last entry won’t be eligible to apply until exception to the one-year requirement is approved.

The regulations prevent asylum seeker who, absent good cause, illegally entered the United States from obtaining employment authorization. In addition, regulations define new bars and denials for employment authorization, such as for certain criminal behavior; limit the employment authorization validity period to a maximum of two years; and automatically terminates employment authorization when an applicant’s asylum denial is final.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the latest changes to employment authorization process for asylum seekers.  If you would like to discuss if you may qualify for asylum and associated work authorization, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation.

Jun
26

By

What does the US Supreme Court latest decision mean for DACA recipients

Category: DACA, Dreamer, immigration Attorney in phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, immigration lawyers phoenix Tags: , ,


On June 18, 2020, the U.S. Supreme Court ruled that Department of Homeland Security’s (DHS) decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious under the Administrative Procedures Act because the DHS failed to consider important aspects of the problem – whether to continue only the deferred action part of the DACA program. DHS failed to provide a reasoned explanation for its action and also failed to address the considerable reliance interests created by the DACA program, such as the impact on Dreamers and their families, if the agency terminated DACA.
The parties agreed that DHS may rescind DACA. The Court remanded the case for further consideration.

Under the US Supreme Court decision, USCIS must continue to process the following types of DACA requests:

  • Current DACA recipients can file a renewal DACA request.
  • Recipients whose previous DACA expired one year ago or less may still file a renewal DACA request.
  • DACA Recipients whose previous DACA expired more than one year ago cannot file a renewal DACA request but may file an initial DACA request.
  • DACA recipients whose previous DACA was terminated at any point cannot request DACA as a renewal but may file an initial DACA request.

In order to comply with the Court’s order, USCIS will have to publish guidance on processing the applications of applicants who have not previously been granted DACA and advance parole requests that were suspended under prior court orders.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the latest DACA developments.  If you would like to discuss if you may qualify for DACA or the best strategy after the US Supreme Court decision, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation. We look forward to discussing how we can help you with DACA application.

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