Oct
28

By

How will new H-1B prevailing wage increase effect H-1B eligibility?

Category: Best immigration attorney, Best immigration attorney in Scottsdale, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B prevailing wage rules, H-1B status, H-1B visa, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, New H-1B rules, Prevailing wage, Top H-1B attorney, Top immigration attorney, Top immigration attorney in Phoenix Tags: , , , , , , , , , , , ,

On October 8, 2020, Department of Labor (“DOL”) published an interim final rule changing its method for calculating the prevailing wage rates in the H-1B program. DOL altered the level 1 prevailing wage from the 17th percentile of the OES wage distribution to 45th percentile on the false
assumption that the wages paid to individuals with a master’s degree represent the entry level wages for H-1B workers. Based on that upward adjustment, DOL increased the level 2 prevailing wage rate from 34th to the 62nd percentile, the level 3 prevailing wage from the 50th to the 78th percentile and the level 4 prevailing wage from the 67th percentile to the 95th percentile.

The upward adjustment of prevailing wage rates results in an overnight increase in wage rates and may likely result in many employers not hiring foreign workers. Lawsuits were filed seeking injunction to stop the DOL interim final rule.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only some proposed changes to H-1B rules. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.

Sep
27

By

Is US-Canada border still closed for non-essential travel?

Category: Best E-1 visa attorney in Phoenix, Best E-2 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, Best Investor visa attorney in Phoenix, Canadian investors in Phoenix, Canadians in Arizona, Canadians in Phoenix, E-1, E-1 visa attorney, E-2, E-2 attorney, E-2 visa, Essential travel, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, Immigration Lawyer Scottsdale, Investor Visa Attorney, Non-essential travel, Top immigration attorney, Top immigration attorney in Phoenix, Travel Ban, Treaty trader visa, Uncategorized, US-Canada Border Tags: , , , , , , , , , , ,

The land border between the US and Canada remains closed until October 21, 2020 for “non-essential” travel. The travel restrictions do not apply to travel by air, sea and to freight rail. The “essential travel” includes but is not limited to: (i) U.S. citizens and legal permanent residents, (ii) international students, (iii) people traveling to receive medical treatment, (iv) emergency responders and public health officials, (v) truck drivers moving cargo or other individuals engaged in international trade, (vi) official government and diplomatic travel, and (vii) members of the U.S. armed forces and their spouses and children.

Most U.S. ports of entry interpret the restrictions that only B1/B2 travel is prohibited, while other ports of entry interpret the restrictions more narrowly and require proof of “essentiality”. The Customs and Border Protection is still performing routine adjudications of TN and L-1 petitions at the land ports of entry, although some land ports are requiring proof that the proposed employment is “essential”.

Canada’s Quarantine Act requires anyone who is permitted to enter Canada to self-isolate for 14 days following entry to Canada (unless they are flag-poling).

Please note that this article does not constitute legal advice.  We simplified the law to outline the law. If you to schedule a consultation, call our experienced immigration attorney at 480-425-2009 or schedule your consultation online.

Sep
26

By

Does a position shared by several employees count as one full-time job for EB-5 job creation?

Category: Best EB-5 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, Best Investor visa attorney in Phoenix, EB-5 job sharing, EB-5 visa, EB-5 visa attorney, Green card, Green card through investment, immigration Attorney in phoenix, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investor visa, Legal permanent residency, Top EB-5 attorney in Phoenix, Top immigration attorney, Top immigration attorney in Phoenix Tags: , , , , , , , ,

In order to get an EB-5 green card through investment, the investor has to create at least 10 full-time jobs. A client wanted to invest in a restaurant where several employees would share some positions. Does that qualify?

To be considered a full-time job, it requires 35 hours a week. Where two or more employees share a full-time position it counts as one-full time job if they combine at least 35 hours per week. To demonstrate a full-time position is shared by more than one employees, the investor may should a written job-sharing agreement, we weekly schedule or evidence of the sharing of the responsibilities or benefits of a permanent full time position. However, two part-time jobs do not count.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the EB-5 green card process. If you would like to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

Sep
26

By

What happens to the conditional (EB-5) green card of the investor’s wife in case of divorce?

Category: Best EB-5 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, Conditional EB-5 and divorce, EB-5 and divorce, EB-5 job sharing, EB-5 visa, EB-5 visa attorney, Immigration attorney in Scottsdale, Top EB-5 attorney in Phoenix, Top immigration attorney, Top immigration attorney in Phoenix

One way to obtain a legal permanent resident status in the US is through investment (under EB-5 category). The first step is to file a petition for classification as an alien entrepreneur. The petition must be accompanied by evidence that the investor has invested or is actively in the process of investing lawfully obtained capital in a new commercial enterprise in the U.S. which will create at least 10 full-time jobs. One the petition is approved, the investor can obtain an immigrant visa or adjust his or her status to the conditional resident.

If the spouse of the principal EB-5 investor obtains a divorce after the conditional EB-5 resident status is granted, the ex-spouse may still file the petition to remove conditions, and if it is approved, the ex-spouse becomes a legal permanent resident (green card holder).

The petition to remove conditions in conditional resident status must be filed within 90 days before the second anniversary of the conditional status. The petition must document that the conditional resident (i) invested or was actively investing the required capital that (s)he continuously maintained the capital investment over those two years, (ii) created or can be expected to create within a reasonable time ten full-time jobs.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the EB-5 green card process. If you would like to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

Sep
25

By

Can E-2 investment “count” toward EB-5 investment?

Category: Best EB-5 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, E-2, E-2 to EB-5 transition, E-2 visa, EB-5 visa, EB-5 visa attorney, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, Immigration Lawyer Scottsdale, Top EB-5 attorney in Phoenix

E-2 visa is for investors from treaty countries who invest “substantial” amount of capital into a US business. E-2 visa allows them to manage that business. E-2 visa has to be renewed every few years, depending on the treaty. A major downside of E-2 visa and a significant motivator for converting to the EB-5 green card is the problem of children of E-2 investors who are not eligible for E-2 dependent visas once they turn 21.

While there is no dollar amount for E-2 visa, in order to get EB-5 green card, the investor has to invest at least $900,000 in certain targeted employment areas or $1,800,000 anywhere else. While the E-2 capital investment may be counted towards the EB-5 investment, retained earnings or revenue generated by the E-2 investment may not be counted toward EB-5 investment. The investor must draw funds from the E-2 business and invest personal funds in order to “count” towards EB-5 investment.

In addition, the business must already have created the requisite ten jobs, or demonstrate that it will create the remaining jobs needed to meet the ten-job threshold within two years of the grant of conditional permanent resident status.

Planning and navigating the transition from E-2 to EB-5 can be a complicated process. If you would like to transition from E-2 investment to EB-5 investment and obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the transition from E-2 visa to EB-5 green card.

Aug
30

By

Can you get a permanent marriage green card if you get divorced?

Category: Best immigration attorney in Scottsdale, Divorce, Immigration attorney in Scottsdale, Marriage Green Card, Marriage green card attorney in Phoenix, Marriage green card attorney in Scottsdale, Permanent green card, Removal of conditions on residence, Top immigration attorney in Phoenix, Uncategorized Tags: , , , , ,

?I am seeing this question often.   Sometime after the marriage green interview, the conditional green card holder contacts my office and tells me that the marriage is not working out for numerous reasons.  It may be a physical or emotion abuse, infidelity, etc.   The conditional green card holder is worried what will happen with his or her permanent green card.

One example is a client of mine who was planning to relocate to live with her new husband in his city of residence.   Having three children, this move required a lot of coordination – finding a job, schools for her kids, saving money, etc.  When she was finally ready to move, she found out that her husband found someone else.  At the end, I was still able to get her the permanent green card because she entered into a marriage in good faith.

As long as the marriage was entered in good faith, the conditional resident may have her or his conditions removed and get her or his permanent green card. 

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of the marriage green card process and removal of conditions on residence.  If you would like us to obtain a marriage green card or need help with the removal of conditions on residence, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Newer Posts »