Immigration Visa Attorney Blog

Last week the Department of Homeland Security announced that it had designated the nation of Syria for Temporary Protected Status (TPS). This will be in effect for 18 months and will be reviewed again before the end of that period.

Additional details will be forthcoming from Homeland Security as to who qualifies and exactly how to work through the application process. In the meantime this would be an ideal time for Syrians in the Columbus, Ohio area to seek out assistance from an experienced immigration attorney.

Homeland Security uses the TPS designation in situations where conditions in a foreign country make it unsafe for a foreign national to return safely. Cases like civil war and environmental disaster are common reasons the designation is used by the U.S. government. If foreign nationals are found eligible for TPS they can obtain employment authorization (EAD), can be granted traveling privileges and are not removable from the U.S.

In the case of Syria, the concern is over a citizen uprising related to President Bashar al-Assad. According to the United Nations, more than 9,000 people have died since the so-called Arab Spring made its way to the country in 2011. Currently there are concerns about military snipers targeting unarmed civilians including small children.

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The Employment-Based, category 5 or EB-5 Visa classification established by the U.S. government in 1990 has succeeded in providing thousands of jobs for Americans at no cost to the American taxpayer. An EB-5 visa wherein "Immigrant Investors" can earn lawful permanent resident status by investing in job creating American enterprises has even found it's way onto the silver screen.

The Hollywood Reporter noted on 1/23/12 that the EB-5 program has apparently become a consideration for film financing. Time Warner borrowed $100 million in EB-5 funds and $47.5 million in two separate offerings to underwrite movie and TV production while Lionsgate Studios borrowed $66 million in EB-5 funds and $50 million in two separate offerings to underwrite movie production. Comcast Corporation borrowed $26 million to finance the construction of its headquarters. Independent investors outside of the studio system have also begun considering EB-5 opportunities to fund their slates.

EB-5 funds have also created jobs in the construction of commercial real estate, healthcare facilities and agriculture projects.

US Citizenship and Immigration Services recently reported 2,364 EB-5 visas issued in the first three months of the current federal fiscal year. This equates to at least 10,000 new jobs for American workers. Immigrant Investors may fund and operate their own businesses or channel their investment through a certified "regional center."

The complexities of the program make it essential to contact someone qualified in Immigration Law. Sam Shihab and Associates have the experience to assist in the application and execution of the EB-5 process, providing an extremely effective way for a foreign national to obtain residency in a short period of time.

Attorney Sam Shihab of Sam Shihab & Associates has been awarded the highest possible rating in a recent peer review from Martindale-Hubble, one of the country's oldest and most respected legal directories.

Shihab was rated "AV Preeminent," receiving a score of 4.9 (out of 5). According to Martindale-Hubble's criteria, AV Preeminent "is a testament to the fact a lawyer's peers rank him or her at the highest level of professional excellence."

Said one lawyer who contributed to Shihab's peer rating: "Sam is an excellent and experienced immigration lawyer with high ethical standards." A reviewer stated that Shihab's "professionalism and ethics are beyond reproach."

Martindale-Hubble reviews attorneys who have been admitted to the bar in the U.S. or Canada in good standing. The review is conducted in full anonymity by attorney peers who have worked or dealt with attorney Sam Shihab; as such it reflects the opinion of members of the bar in various jurisdictions.

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A report issued last month by the National Foundation for American Policy reveals startling numbers related to the rate at which Indian visas are being denied for the H-1B and L-1 categories. The study indicates it has become far more difficult for Indian-born workers to be approved for those visas by United States Citizenship and Immigration Services.

The raw numbers are alarming:

-H-1B denial rates for Indians rose from 2.8 percent in FY 2008 to 22.5 percent in FY 2009.

-The rate of "Requests for Evidence" (RFEs) rose from 4 percent in FY 2004 to 35 percent in FY 2008. In FY 2011 the percent of RFE was at 26 percent.

The NFAP points out in its conclusion that USCIS "adjudicators and/or others at the agency have made it far more difficult for skilled foreign nationals to work in America." The result, of course, is that "this is causing companies to consider moving more work out of the United States to ensure more predictability and avoid the difficulties of the U.S. immigration system."

Continue reading "Study Reveals Sad State of Indian H-1B Visa Approval" »