Watson Law Offices Newsletter
March 2012
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EB-2 India and China Held at May 1, 2010
| |  Rapid movement for EB-2 India and China has stopped The U.S. Department of State has now published the latest Visa Availability dates for April 2012. The April 2012 Visa Bulletin sees movement in some categories, but not as many and not as significant as the last several Visa Bulletins. As predicted, EB-2 India and China have ceased forward movement for the first time since September 2011, remaining at May 1, 2010. We previously reported that Mr. Charles Oppenheim of the Department of State's Visa Office stated that he expected to hold the EB-2 India and China priority date cut-offs where they are over the summer, so that USCIS can process the already filed Adjustment Applications, and then retrogress or advance the numbers if needed.
Watson Law Offices Summary of the April 2012 Visa Bulletin |
Study Finds Dramatic Increase in Denials of L-1 and H-1B Petitions from 2008 to 2011
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|  Without any change in the law or regulation, USCIS increases challenges and denials of L-1 and H-1B petitions
The non-partisan group, National Foundation for American Policy, released a report in February after analyzing new data from U.S. Citizenship and Immigration Services. Their analysis revealed that the agency has significantly increased the denial of L-1 and H-1B petitions in the last four years, "harming the competitiveness of
U.S. employers and encouraging companies to keep more jobs and resources outside the United States." In addition to the increase in denials, the study also showed an increase in the issuance of time-consuming, costly Requests for Evidence.
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Boston Restaurateurs Illustrate Potential Risk in E-2 Investor Visa Applications
| |  U.S. Embassy in Bogota Denies Re-validation of Boston Restaurateurs' Visas
An E-2 Treaty Investor visa can be an excellent vehicle for investing in and/or starting a business in the U.S. One would think that the US Embassies in eligible countries would be happy to grant visas to applicants who have invested thousands, and often millions, of dollars into new businesses in the US. Many of our clients have successfully used their E-2 visas to maintain their businesses and live in the United States for years. However, it is essential for each applicant to realize the importance of maintaining their investment and proving to the Consulate again and again that they and their investment qualifies for the visa.
This became all too clear for a couple who once ran a successful Jamaica Plain restaurant, Bon Savor. The Boston Globe recently published an article about Ibonne Zabala, of Colombia, and Oleg Konovalov, of Russia, a husband and wife team who started the French-South American bistro more than six years ago. Ms. Zabala had been previously granted an E-2 Visa for starting the restaurant, and her husband was granted a visa as her spouse.
The Globe reports that the couple left for a trip home to Colombia, only to have their visa renewal denied by the Embassy in Bogota. The two have been unable to return for over a year, and despite keeping the restaurant afloat for months thanks to devoted staff, Bon Savor has now been closed and the space has been purchased by another local restaurant.
This is an important story to read for present and future foreign investors. Although the E-2 visa can be versatile and accommodating to the specific type of business and investor, the Embassy has full discretion to approve or deny any application, even if it has been approved in the past. It is critical to prepare a complete and well-documented package with each new application and to understand and anticipate any issues or concerns that may arise.
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Tech Leaders Take Immigration Law Into Their Own Hands
| |  Silicon Valley Philanthropists Fund Undocumented Students' Education and Legal Battles
The Wall Street Journal recently published an article about how a group of technology leaders - including Jeff Hawkins, inventor of the Palm Pilot, the family of Andrew Grove, co-founder of Intel Corp, Mark Leslie, founder of the former Veritas Software Corp, and Laurene Powell Jobs, widow of Steve Jobs - is funding efforts to help undocumented students attend college, find jobs, and find a way to remain in the country. The philanthropists have focused their support on Educators for Fair Consideration, or E4FC, "a nonprofit that gives scholarships, career advice and legal services to students brought to the U.S. illegally as children."
The philanthropists have donated thousands of dollars to E4FC, with the hope that their contributions will not only help undocumented youth attend college and the legal help they need, but also to attract attention to the need for a solution to this growing problem and encourage support for the Development, Relief and Education for Alien Minors (DREAM) Act. This federal legislation would offer a path to legal status for young people brought to the U.S. as children, who either attend two years of college or serve two years in the military. The DREAM Act was passed by the House of Representatives in December 2010, but the Senate refused to address the bill.
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This is an effort on our part to reach out to our larger community of friends, colleagues, current and former clients and anyone interested in Immigration Law. We expect there will be a strong push to make changes to existing Immigration Laws in the coming months and years, and we will try to keep our subscribers informed not only as to what changes are taking place, but how they are likely to impact everyone.
We welcome your input on what we should include, and how we should present this information. Please let us know what you think and what you would like to see. Also, please share this email with anyone whom you think would be interested in and benefit from this information.
THANK YOU!
Sincerely,
ROY J. WATSON, JR.
Watson Law Offices
142 Great Road
Bedford, MA 01730
rjw@watson-law.com
(781)533-7700 |
The information you obtain in this newsletter is not, nor is it intended to be, legal advice, and persons receiving this information should not act on it without consulting professional legal counsel. We invite you to contact us and welcome your calls, letters and electronic mail.
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