Immigration Visa Attorney Blog

One of the more interesting developments in U.S. immigration over the past few years is that Asians have overtaken Hispanics as the country's largest immigrant population.

Using percentage of foreign-born annual arrivals, the Pew Research Center reported that in the last three years Asia has became the top source of immigrants. 430,000 Asians came to the U.S. in 2010, a number that represents 36 percent of all new legal and illegal immigrants. In the same year there were 370,000 new Hispanics arrivals.

A recent article in Forbes detailed some of the reasons we have seen the shift. High growth rates in Asian countries, along with economic conditions in the U.S. and Mexico/Central America have combined to move the groups in opposite directions.

Continue reading "Asian immigration on the rise" »

A recent CBS report focuses on the small Alabama town of Thomasville. Thomasville could lose out on a multi-million dollar foreign plant and the corresponding jobs it would create because of the state's new immigration law.

A representative of the Chinese company told Thomasville's mayor he thinks Alabama "shot itself in the foot" in terms of foreign investment:

A somewhat unusual idea for sidestepping U.S. visa practice has been making headlines the past few weeks. Regardless of whether it ends up becoming a reality, the existence of the plan does an excellent job of framing the modern immigration debate.

The program in question is called Blueseed. The brainchild of CEO Max Marty and President Dario Mutabdzija, the idea is a living and office space located in a large boat or barge approximately ten miles off the coast of Northern California.

It would house individuals or corporations of all nationalities and provide the ability to take day trips to California using temporary visas. "Existing visa policies were designed for a different era," Marty told the New York Times.

Continue reading "Columbus, OH Attorney on the floating, "technology incubator" " »

Readers of the blog know that reform with respect to the EB-5 Immigrant Investor and H-1B visa programs are topics we touch on rather frequently. (Entries can be found HERE and HERE.)

Which is why we find a recent speech by Michigan governor Rick Snyder incredibly positive in terms of bringing attention to what those at the state level are seeing. His remarks are especially relevant to our friends in Troy, Michigan, given the importance of job creation in the state.

In an address last week at Delta College, Snyder said he would petition Homeland Security to make permanent the EB-5 program, which is set to expire in September of 2012. "The EB-5 foreign investor program provides international investors the chance to live here by investing in Michigan's economy and creating job," he said.

EB-5 grants permanent U.S. residence to foreign nationals investing at least $1 million into a business that creates or maintains ten jobs. Other components of the program include a $500,000 category for investment in designated areas with high unemployment.

Continue reading "Michigan governor to push for EB-5, H-1B reform" »

An immigration case that has been featured prominently in the news over the past week highlights some of the issues currently plaguing our system. This should help illustrate for our readers here in Ohio just how damaged the investor visa program is at this point.

ABC World News last week reported on the story of 22-year old Israeli national Amit Aharoni. Aharoni, a graduate of Stanford Business School, was able to land more than $1.65 million in capital to launch an online company that helped customers book cruises

Aharoni's company, CruiseWise.com, already employed nine Americans and was mentioned by Business Insider as one of the country's hottest startups. Aharoni said his hope was that CruiseWise could create hundred of jobs in the San Francisco area.

Continue reading "Columbus, OH Attorney: A disturbing visa case gets national attention" »

We've discussed the EB-5 visa in this blog on a number of occasions. Since we've recently been receiving calls in our Columbus and Troy, Michigan offices about the investor program we thought it made sense to revisit it again.

First, a refresher about EB-5 for those not familiar with the program: The EB-5 investor visa is an immigration preference, meaning those who qualify are eligible to stay in the United States permanently.

The EB-5 is available to those who invest at last $1 million in a U.S. business that employs at least ten citizens or otherwise authorized workers. The investment amount comes down to $500,000 if the investment is made in a "targeted employment area," which refers to certain economically depressed regions.

Another component of EB-5 is the Regional Center Pilot Program. This is a more hands-off option, allowing the investor to contribute to a center already dedicated to the promotion of economic growth and job creation. The same financial commitment is present, but the requirements in terms of job creation are not in play.

In recent years a bill has been making its way through Congress that would introduce a branch from the EB-5 program. The "Startup Visa Act"
is a law introduced with bipartisan support that would create a new EB-6 category.

Continue reading "Could an off-shoot to EB-5 be on the way?" »

Given the current economic climate, much of the national conversation is about ways to add additional capital and create job opportunities. Central Ohio is one of many communities in need of such economic stimulus. Which is why taking a look at this particular visa seems particularly relevant.

EB-5 is an employment-based preference category that was created by the Immigration Act of 1990. It is a green card issued to foreign nationals who invest capital in "a new commercial enterprise" which the U.S. government feels will help its economy and create at least ten full-time jobs.

The EB-5 classification is not for everyone. The minimum investment needed to qualify is $1 million, or $500,000 if the investment is directed towards a "targeted employment area."

Along with the job creation listed above, the visa holder must be a hands-on part of the venture if they wish to invest in a new business enterprise. At minimum they must be a member of a board or one of the company's corporate officers. There is a category for troubled business, those which have incurred a significant net loss for the last 1-2 years. This category requires no new job creation, only the preservation of the current employees for at least two years.

For most foreign nationals the million dollar price tag may be a bit steep, making the "targeted" option a better one. The U.S. Citizenship and Immigration Services (USCIS) defines the targeted areas as "a rural area or an area that has experienced high unemployment of at least 150 percent of the national average." With the average national rate sitting near 9 percent, that would mean areas with at least 13.5 percent unemployment.

If an investor would like a more hand's-off investment they may want to look into the EB-5's Regional Center Pilot Program. The same financial commitment is involved, but the investor need only contribute to a regional center connected to promoting "economic growth, improved regional productivity, job creation, and increased domestic capital investment."

Continue reading "Columbus, OH Attorney Overview: The EB-5 Category" »

The non-partisan National Foundation for American Policy said in a report this month it believes recent fee hikes by the United States for the H-1B and L-1 visas are in violation of commitments made under the General Agreement on Trade in Services (GATS).

Both H-1B and L-1 visas are temporary non-immigrant visas. H-1B allows U.S. companies to hire foreign workers in specialty fields while L-1 is used by foreign companies which plan to move existing employees to additional offices in the U.S.

Continue reading "H-1B & L-1 Visa Fee Increase by U.S. Violates GATS Commitment" »

For Canadian professionals who qualify, the L visa combines the faster processing of the TN visa with the path to permanent residency provided by the H-1B. As with the TN visa, a Canadian professional can apply for an L visa at a U.S. port of entry. This makes the application process faster than applying for other nonimmigrant employment classifications, such as the H-1B, that must be processed through a USCIS Service Center. Moreover, Canadian professionals working in a managerial or executive capacity do not usually need a labor certification to begin the green card process, which can also significantly expedite the permanent resident process. These benefits make the L visa an attractive option for Canadian professionals, especially those seeking permanent residence in the United States.

The L visa is available for intracompany transferees in either specialized knowledge positions or executive or managerial positions. The intracompany transferee must have worked abroad with a parent, affiliate, subsidiary, or branch of the U.S. employer for one continuous year out of the preceding three years. Interestingly, time spent by the Canadian professional in the United States in lawful status for business or pleasure will not interrupt the continuity of employment abroad; however, such periods will not be counted towards the accrual of one year employment abroad. To qualify as a specialized knowledge individual, the Canadian professional must have special knowledge or expertise regarding their employer's product, service, research, equipment, techniques, management, processes or procedures. A specialized knowledge employee is eligible to hold L status for a maximum of 5 years.

Continue reading "Work Visa Options For Canadian Professionals: L Visas" »