DID YOU KNOW?
You can apply for citizenship
three months before
you are actually eligible to become a U.S. Citizen |
Restaurant of the Month
Coming in March 2011!! Learn about delicious ethnic cuisine in South Florida |
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Greetings!     
Welcome to Jacob L. Ratzan, P.A.'s first monthly immigration newsletter. Each issue will contain a FREE REPORT, H-1B update, Visa Bulletin update, a "Did you Know?" section, and additional information regarding immigration laws and policy.
Also, starting next month we will feature a "Restaurant of the Month," highlighting a local South Florida restaurant serving ethnic cuisine from around the world.
Lastly, don't miss out on this month's coupon for 50% off on a legal consultation.
Enjoy!
The Ratzanlaw Team
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H-1B Update
FY 2011 H-1B Cap Reached; 65,000 New H-1B Visas
to be Released in April
On January 27, 2011, USCIS announced it has received enough H-1B petitions to meet the 65,000 cap for Fiscal Year 2011. The last receipt date for H-1B petitions in Fiscal Year 2011 was January 26, 2011. Each year, on April 1, 65,000 H-1B visas re released. This marks the latest the cap has been reached in several years. In the last five years, the H-1B cap was reached on the following dates:
FY 2007 (Oct. 1, 2006 to Sep. 30, 2007): May 26, 2006
FY 2008 (Oct. 1, 2007 to Sep. 30, 2008): Apr. 2, 2007
FY 2009 (Oct. 1, 2008 to Sep. 30, 2009): Apr. 7, 2008
FY 2010 (Oct. 1, 2009 to Sep. 30, 2010): Dec. 21, 2010
FY 2011 (Oct. 1, 2010 to Sep. 30, 2011): Jan. 26, 2011
It should be noted USCIS will still accept H-1B petitions that are exempt from the cap. These include H-1B petitions filed by institutions of higher education (or affiliated or related nonprofit entities), nonprofit research organizations, and government research organizations.
Individuals already in H-1B status may still submit petitions to: (1) extend their H-1B visas (as long as they are eligible for the extension); (2) change employers; (3) change the terms of H-1B employment (e.g., from full-time to part-time); or (4) permit H-1B workers to work in two simultaneous H-1B positions (e.g., two separate part-time positions with different employers).
Moreover, individuals who have previously been counted against the H-1B cap, but who have not used up their six years of H-1B eligibility, may submit new H-1B petitions without being subject to the cap. For example, a new H-1B petition may be filed for an H-1B worker if he or she obtained H-1B status in Fiscal Year 2007, worked until January 2009, and since then has failed to maintain H-1B status. If the individual now has a job offer with a new employer in a qualifying H-1B position, then the new employer may file a new H-1B petition on the individual's behalf. The individual will continue to be counted against the Fiscal Year 2007 H-1B cap. Of course, the H-1B worker must have maintained lawful immigration status during that period if he or she was in the U.S. while not working.
As this is the latest the H-1B cap has been reached in many years, the new H-1B season is right around the corner. On April 1, 2011, USCIS will release an additional 65,000 H-1B visas available for Fiscal Year 2012 with an employment start date on or after October 1, 2011.
Read additional articles about the H-1B visa on our website by clicking on the following links:
H-1Bs for International Students
H-1Bs for Chileans
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EB-5 Regional Center Program: Providing Flexibility in Obtaining a Green Card
 | | Investor Visa |
The EB-5 Regional Center program is a unique opportunity for foreign investors who wish to have the freedom of living and working in the United States, while not having to be dependent on a sponsoring company and without having to actively manage a business in the U.S. The program was designed to stimulate economic activity and promote job growth, while allowing eligible foreigners, their spouses, and minor children the opportunity of becoming lawful permanent residents.
The EB-5 category as a whole allots roughly 10,000 visas for immigrants who seek to invest in a commercial enterprise that creates at least 10 full-time jobs. The amount of the investment must be $1 million or $500,000 (if the investment is made in a "targeted employment area"). A targeted employment area is defined as a rural area or an area where unemployment is 150% of the national average.
Of the 10,000 visas available each year, 3,000 visas are set aside for investors who immigrate through a Regional Center. By investing in a Regional Center, the investor becomes a limited partner of the business and need not be actively involved in its daily management. This allows investors the ability of working in any occupation they like, or as often is the case, to immigrate for purposes of retirement and not have to work at all! It also allows parents to send their children to colleges and universities in the United States without having to go through the hassles of obtaining and maintaining a student visa.
Despite the flexible nature of the program and its high rate of approval, the EB-5 Program as a whole has been significantly underutilized. In the 2010 fiscal year, only 1,955 applications for investor visas were filed, which is less than one-fifth of the visas available. Of this total, 89% of the applications were approved. Of the total EB-5 visas issued in 2010, 46% of the investors were from China and 16% from South Korea. Great Britain & Northern Ireland followed with 7% of investors, and nationals of India comprised 3%.
The EB-5 Pilot Program is scheduled to expire on September 30, 2012. To read more about the benefits and requirements for investor eligibility, and general procedures of the EB-5 Program, please visit our blog at www.ratzanlaw.com/blog and read the articles entitled "General Overview of the EB-5 Investor Visa" and "The Passive Investment and the Green Card." . |
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Visa Bulletin Update
The Department of State has released the March 2011 Visa Bulletin, showing immigrant visa (i.e. green card) availability for March 2011. In the family-based category, the most notable change is the retrogression from January 1, 2008 to January 1, 2007 for most of the family-based 2A category (for spouses and children under 21 years old of lawful permanent residents). A small bright spot is the advance from April 1, 2005 to January 1, 2006 for Mexicans in the family-based 2A category.
In the employment-based category, the third preference (EB-3) category for most countries will advance from April 1, 005 to July 1, 2005. Also in the EB-3 category, Mexico will see a jump from July 8, 2003 to January 8, 2004.
Check out the entire March 2011 Visa Bulletin.
Don't know what the visa bulletin is? Take a crash course: Visa Bulletin 101.
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USCIS Seeks to Clarify "Internationally Recognized" Requirement for a P-1 Entertainment Groups
U.S. Citizenship and Immigration Services ("USCIS") has published a memo for comment to clarify the requirement of "internationally recognized" entertainment groups for P-1B classification. The memo would apply the term "internationally recognized" not only to foreign-based groups, but also to U.S. based entertainment groups.
The P-1 nonimmigrant visa is designated for an internationally recognized athlete, a member of an internationally recognized athletic team, or a member of an internationally recognized entertainment group. A group is composed of at least 2 persons.
According to immigration regulations, "internationally recognized" means: "having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that such achievement is renowned, leading, or well-known in more than one country." There were some questions regarding eligibility for a P-1 visa for entertainers coming to the U.S. to perform in an internationally recognized U.S. based entertainment group.
The policy memorandum recently issued by USCIS clarified that the classification of internationally recognized entertainment groups includes both foreign-based entertainment groups as well as U.S. based groups.
Find out more about the P-1B visa for internationally recognized entertainment groups.
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