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March 2012 Newsletter
 
In this Issue
65,000 H-1B Visas Spring Into Action on April 2
USCIS Updates Guidance for Small Companies to Sponsor H-1B Visas for Sole Owners
Restaurant of the Month: Sakaya Kitchen
E-2 Investor Visas for Israelis Closer to Reality After U.S. House Passes Bill
Migration Policy Institute Statistics on Immigration
Visa Bulletin Update

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Foreign-born physicians working at hospitals affiliated with institutions of higher education may not be subject to the H-1B cap

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Welcome to our March 2012 newsletter!  It's springtime, which in immigration law always means 65,000 new opportunities for employers to hire foreign nationals in professional positions.  This month's newsletter will feature two articles on the H-1B visa as well as articles on potential E-2 investor visas for Israelis and a recent statistical study on U.S. immigration by the Migration Policy Institute.          

 

You will also find our monthly Visa Bulletin update and Restaurant of the Month, Green is Better, Miami's newest fresh salad bar. 

 

Enjoy! 

 

The Ratzanlaw Team

 

 

   

65,000 H-1B Visas Spring into Action on April 2

    

Officially beginning on March 20 this year, springtime in South Florida means beautiful weather, music festivals, spring training baseball, the Sony Ericsson tennis tournament, and a flock of lively beachgoers from cold climates.  There is certainly ample opportunity each spring for people in South Florida to relish in recreational activities.  But businesses in South Florida (and around the country) can also take delight each spring in the renewed opportunity to hire foreign nationals in professional positions under the H-1B visa program.   

 

Every year, on the first business day in April, there are 65,000 H-1B visas released for an employment start date of October 1.  Of the visas, 5,800 are specifically allocated to citizens of Singapore and Chile.  An additional 20,000 visas are available to foreign nationals who have earned a Masters or higher degree from a U.S. graduate school.  Finally, some employers are exempt from the H-1B cap, such as institutions of higher education, non-profit research organizations, and governmental research organizations.  

 

To obtain an H-1B visa, a foreign national must be coming to work in a "specialty occupation," which is defined as a job that at a minimum requires attainment of a bachelor or higher degree, or its equivalent, for entry into the position.  A specialty occupation is one that also requires the theoretical and practical application of a body of highly specialized knowledge.  Some of the jobs that can qualify as specialty occupations include engineers, market research analysts, construction managers, accountants, computer programmers, financial analysts, teachers, human resource managers, management analysts, statisticians, and sales engineers, to name a few.

 

To work in a specialty occupation, the foreign national must meet the minimum requirements for the position by possessing ... click here to read more

 

 

 

 

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USCIS Updates Guidance for Small Companies to Sponsor H-1B Visas for Sole Owners         

U.S. Citizenship and Immigration Services (USCIS) updated their guidance to adjudicators regarding the January 2010 Memorandum discussing the employer-employee relationship required for the H-1B "specialty occupation" classification.  The new update to the questions and answers (Q&A), dated March 12, 2012, includes information on end-client documentation and the employer-employee relationship in the context of a consulting or staffing company.

 

USCIS explains that in order to show that a corporation is a separate legal entity from its stockholders or sole owner, the petitioner must show that he has the "right to control" the beneficiary's employment.  This can be accomplished by a separate Board of Directors which has the ability to hire, fire, pay, and supervise the beneficiary's employment.

 

USCIS also provides clarification where a beneficiary might perform services at a third party/end-client location and how to establish the employer-employee relationship in that context.  USCIS will evaluate whether the petitioner has the "right to control" the beneficiary's employment, and while documents or a letter from the end-client are not required, they may be helpful to establish such a relationship.  USCIS lists the types of documents ... click here to read more

 

 

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Green is Better         

 

  Restaurant of the Month: Green is Better Saladbar  

      

 A Healthy Investment 

 

You didn't work out this morning, you're feeling gross, and you think that eating a salad will make you feel better.  Or maybe you eat salads for lunch every day of the week.  Whatever the case, a salad at Miami's newest salad bar, "Green is Better," will hit the spot. 

Having originated in France, Green is Better is a salad bar with franchises around the world, including France, Belgium, Morocco, Tahiti, Qatar, Monaco, the Caribbean, among other countries.

 

The words "French cuisine" may not typically conjure up images of a salad bar with an assortment of vegetables. Indeed, Green is Better is more of an "American" concept and was inspired by the many salad bars prevalent throughout Manhattan. But it has reached considerable fame in France, having now expanded to more than 50 locations there.  

 

The menu at Green is Better is simple and the ingredients are diverse and fresh, consisting of all of the vegetables you could want in a salad (tomatoes, cucumbers, carrots, avocado, beets, mushrooms, egg, broccoli, etc). Each day there are about 10 different ingredients from the day before. In addition to salad, Green is Better offers an attractive yogurt bar with granola, apple sauce and fruit such as kiwi, strawberry, banana, mango, and orange.

 

The Miami franchise, which opened on February 8, is owned by the friendly and exuberant French citizens Alexandre and Johana Gabet. It is the first Green is Better franchise in the United States, but the Gabets plan to open more locations throughout Florida and the rest of the country.

 

The Gabets recently moved to the United States on E-2 investor visas after investing in Green is Better.  E-2 visas are available to nationals of countries with treaties of commerce with the United States that make a "substantial investment" in a company that is at least 50% owned by treaty country nationals.

 

So, if you're feeling like you need a healthy meal, or you're craving fruit and vegetables, go to Green is Better.  It's worth the investment. 

 

 

  

  

  

  

    

E-2 Investor Visas for Israelis Closer to Reality After U.S. House Passes Bill

 

The United States House of Representatives passed a bill that would add Israel to the list of countries that qualify for E-2 Treaty Investor visas.  If passed by the Senate, signed by President Obama, and if Israel provides reciprocal treatment to U.S. citizens, then Israeli nationals will be able to be admitted to the country if they make a "substantial investment" in an enterprise that is at least 50% owned by one or more Israeli nationals that are not U.S. citizens or lawful permanent residents.  

 

Introduced by U.S. Representative Howard Berman, D-California, H.R. 3992 passed 371-0 with 61 representatives abstaining. "Israel is a trusted friend and a special ally, and this legislation expands business opportunities that will provide economic benefits for both countries," said Berman.

 

For the E-2 visa, the investment must be substantial, at risk and the investor must oversee the day-to-day operations of the business.  

 

While the EB-5 green card program requires an investment of $500,000 or $1 million, there is no specific dollar figure that renders an E-2 investment "substantial."  The determination as to whether the investment is substantial is made on a case by case basis.  

 

The investment cannot be "passive."  Therefore, an individual who merely invests in a residential real estate ... click here to read more.

 

 

 

 

           

     

Migration Policy Institute Statistics on Immigration

40 Million Immigrants Living in the United States

  

The Migration Policy Institute (MPI), using resources from the U.S. Census Bureau, the Department of Homeland Security (DHS), the State Department, the Pew Hispanic Center, and other organizations, has published a new "Spotlight" on immigrants and immigration in the United States.  The Spotlight provides updated statistics and numbers about immigrants, including data on country of origin, employment, family, geographic location, and impact on the country.

 

According to the most recent Census data, in 2010 there were 40 million immigrants living in the United States.  This number represents 13 percent of the total U.S. population (309.3 million).  In 1850, when the U.S. first started keeping immigration statistics, immigrants accounted for 10 percent of the population.  That percentage decreased between the 1930s and 1970s, but increased again in 1990 and has been growing ever since.

Today, most immigrants come from Mexico, which accounts for 29 percent of immigrants in the U.S.  Following Mexico are countries from Asia and Latin America, such as China, Vietnam, El Salvador, Cuba and others.  Of the 40 million immigrants, 11.2 million are unauthorized while 17 million are naturalized U.S. citizens.

 

In 2010, 9 percent of immigrants ages 5 and above were Limited English Proficient (LEP), meaning they either spoke English "well," "not well," or "not at all."  It should be noted that individuals who report speaking English "very well" or "only English" are deemed "proficient."  Spanish is by far the second most common language in the U.S., followed by Chinese.  In terms of education

  

  

  

  

... click here to read more.  

 

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Visa Bulletin Update: April 2012 

 

Family-Based Categories Move Forward     

 

The Department of State (DOS) has released the April 2012 Visa Bulletin, showing immigrant visa (i.e. green card) availability for April 2012.  The cut-off dates for some of the employment-based visas are coming to a near stand still. 

 

The cut-off date for China and India in the EB-2 (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability) will remain at May 1, 2010.  All other countries stayed current in the EB-2 category.

 

The only significant movement for the EB-3 category (Professional and Unskilled Workers) was for China where it moved 2 months to March 1, 2005.  India will advance 2 weeks to September 1, 2002.  The cut-off date for all countries except China and India will advance 3 weeks to April 8, 2006.  

 

For the EB-3 subcategory for unskilled workers, all countries except China and India will advance 3 weeks to April 8, 2006.  China's cut-off date will not move for the sixth straight month and stay at April 22, 2003.  India's cut-off date will advance 2 weeks to September 1, 2002. 

 

The Family categories will show much more movement in April.

 

In the F-1 category (unmarried Adult Sons and Daughters of U.S. Citizens), all countries except Mexico and the Philippines will advance 2 months to April 1, 2005.  The Philippines will stay at June 22, 1997.  The cut-off date will advance Mexico 1 week and 2 days to May 8, 1993.

 

Another family category with forward movement is the F-2A (Unmarried Sons and Daughters 21 years of age or older), in which all countries except Mexico will move ... click here to read more.

 

  

  

 

Disclaimer: The information provided in this newsletter is offered purely for informational purposes.  It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice.  We intend to make every attempt to keep this information current.  We do not promise or guarantee, however, that the information is correct, complete or up-to-date, and readers should not act based upon this information without seeking professional counsel from a licensed attorney.  Transmission of information from this newsletter is not intended to create, and its receipt does not constitute, an attorney-client relationship with Jacob L. Ratzan, P.A. or any of its individual attorneys or personnel.