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| EB-5 as Path to Lawful Permanent Residence; H1-B Filing Time; News Briefs; and Report from IMMLAW Meeting | March /2012 | |
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Bander & Associates, P.A. publishes this electronic newsletter as a way to keep our clients and colleagues and their colleagues, relatives and friends informed about current issues related to U.S. immigration policies and practices. Please send it on.
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| The Ins and Outs of the EB-5 Visa | | |
Reasons to Consider the EB-5
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Congress created the EB-5 Program in 1990 to attract investors and entrepreneurs from around the globe to create jobs in America. If an individual invests $500,000 in a "limited partner" capacity in an active enterprise with a U.S. Citizenship and Immigration Services ("USCIS") Regional Center designation, located in a Targeted Employment Area, and which will create indirectly at least 10 full-time jobs for U.S. citizens or permanent residents, the investor can receive permanent residence for himself/herself and dependents.
The number of USCIS Regional Center designations continues to grow with investment opportunities located around the U.S. (Approved EB-5 petitions made by Bander & Associates, P.A. clients have been for investments in USCIS Regional Centers located in areas such as Seattle, Washington and New York City, New York.) The significance of the EB-5 option has been an important discussion item for the March 2012 meeting of IMMLAW, attended by Michael A. Bander, Esq. (See below in last article.).
Permanent resident status based on EB-5 eligibility is available to the investor, her spouse, and unmarried children under 21 years of age. With permanent residence through the EB-5 Program, the investor will obtain unrestricted work authorization for the investor and family members; can live anywhere in the United States indefinitely; and will be personally free of the responsibility of actively managing the investment or being employed by a sponsor.
EB-5 can be a life-saving option to individuals who have not had success in renewing L-1 visas, had immigrant visa petitions denied as a multinational manager or executive, or have a child that could age-out during the time of other processes such as a labor certificate application.
Bander & Associates Staff Trained in EB-5 Ins and Outs
Because the EB-5 Program has been of such benefit to Bander & Associates, P.A. clients who wanted to avoid the labor certification process and obtain permanent residence as quickly as possible, all paralegals on our staff have received additional training to be even better able to assist clients who have made or are considering making an EB-5 investment.
To review whether an investment in a USCIS Regional Center enterprise might be the appropriate strategy for you, a family member, or colleague to obtain permanent residence, please contact Michael A. Bander, Esq. at michael@bandervisa.com. |
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USCIS Accepting H-1B Petitions for Fiscal Year 2013 Beginning April 1, 2012
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Background on FY 2013 H-1B Filing
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The United States Citizenship and Immigration Services ("USCIS") will began processing first-time H-1B petitions for FY 2013 on April 1, 2012 from U.S. employers who would like foreign national professionals and skilled workers to start work on October 1, 2012.
U.S. businesses use the H-1B visa program to employ foreign workers in specialty occupations that require theoretical or technical expertise in the field such as scientists, engineers, architects, accountants, lawyers, or computer programmers.
Bander & Associates, P.A. is ready to assist potential H-1B employers and prospective employees determine eligibility and, if appropriate, prepare the H-1B petition.
Improvements in the U.S. economy in 2011 meant the H-1B cap for FY 2012 was reached November 23, 2011, two months earlier than the prior year.
While proposed changes in the H-1B petitioning process (including a H-1B cap lottery pre-registration system that could add new burdens to the process of obtaining a cap number) have not been implemented for FY 2013's H-1Bs, they might result in major U.S. employers preemptively filing many more H-1B petitions for prospective employees then they might actually utilize.
Accordingly, we expect that the limit on first-time H-1B visas for FY 2013 will be reached earlier this year than last, making petitioning early advisable.
(Petitions for new H1-B employment are not subject to the annual cap at all, if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.)
The H-1 B
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The H1-B is a nonimmigrant visa category allowing U.S. employers to seek temporary employment for professional and skilled foreigners who have the equivalent of a U.S. bachelor's degree education and who will be temporarily employed in a "specialty occupation."
One of the things that makes the H-1B visa desirable is that it is a "dual intent" visa; a visa will not be denied because a person can not demonstrate a foreign residence or has an intention to become a permanent resident.
A successful petition depends on the following:
1. Evidence that the employer's proffered H1-B position meets USCIS' criteria for a "specialty occupation";
2. A professional evaluation of the employee's education and/or qualifications to assure eligibility, followed by careful preparation of the H-1B petition and attachment of all necessary supporting documents; and
3. Submission of the correct documentation and filing fees, including evidence related to the bona fides of the employer (for example, that the U.S. employer can verify that the H1-B employee is being paid, or will be able to pay, the prevailing wage for the work being performed; that employment of a foreign worker is not harming conditions for U.S. workers; and that the U.S. employer is not owned or controlled by the H-1B employee and it has other salaried employees).
The H-1B for Advanced Degree Holders
There is a 20,000 visa exemption for first-time H-1B petitions for aliens holding U.S. advanced degrees, and they are accepted until that quota is reached.
If more than 20,000 U.S. advanced degree exemption eligible cases are received during the initial five business days, but the standard cap has not been reached, the U.S. advanced degree cases will be assigned to the standard pool.
Careful Preparation is Critical
Bander & Associates, P.A. has the experience to determine whether or not the H1-B is the best nonimmigrant visa for a foreign employee or whether there is a better choice and the expertise to prepare necessary petitions and applications with supporting documentation and correct filing fees to assure success.
It is important that H-1B petition documentation be gathered and evaluated as quickly as possible to assure that all documentaion is complete and accurate by or soon after April 1, 2012. Of particular importance is the labor condition application, which needs to be obtained from the U.S. Department of Labor in advance of filing the H-1B petition. For more information and assistance, e-mail Michael A. Bander, Esq. at michael@bandervisa.com.
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| Current Immigration Issues, Events and News | |
Upcoming Naturalization Ceremonies 
For Bander & Associates, P.A. clients who had initial naturalization examinations in March 2012 or before, scheduled dates for oath ceremonies remaining in March and for April and the corresponding field offices where the ceremonies will take place are:
*Miami Field Office - March 29 and 30
April 3, 25, 26, 27 and 30
*Hialeah Field Office - March 29 and 30
April 13, 20, and 27
*Oakland Park Field Office -March 30
April 20, 27, and 31
*Kendall Field Office -April 20 and 27
April 28th 10th Annual Spring Fling Event for Locust Projects Announced
Stephen M. Bander, Esq. and our colleague Stewart A. Merkin, Esq., both Locust Projects board members, are pleased to announce its April 28th Spring Fling. It will feature "The Who Done It" Silent Art Auction. The event will be held from 6:30 to 9:30p.m. at the exciting 1111 Lincoln Road parking garage with food and drinks from nearby restaurants like Yardbird, Harry's Pizzeria, and Shake Shack. For details, and to buy tickets, please visit www.locustprojects.org.
Visit Us on Facebook; Get Our Twitter Alerts
In our ongoing efforts to make it easier to communicate with our clients and friends- and provide up-to-date information without swamping email boxes- Bander & Associates, P.A. is now on Facebook and sending out breaking news messages to those who are registered. You can find us on  and become a FAN.
We are also now on Twitter and we encourage you to follow us @Bandervisa.
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| Report from March 2012 IMMLAW Gathering in D.C. | | |
I have been a member of IMMLAW, the national consortium of immigration lawyers, since IMMLAW was founded some 24 years ago. (You can go to www.immlaw.com to read more about IMMLAW and its mission.) Through IMMLAW, I have the chance to collaborate and consult with some of the leading U.S. immigration and nationality lawyers and to have conversations with Government officials who have spent their careers dealing with immigration matters, especially the granting of benefits.
Three topics of general interest we discussed March 22nd-March 24th include:
*The EB-5 Program
The EB-5 Program continues to draw interest from investors and developers. Chinese investors have become the largest nationality to take advantage of this unique program. Nearly all of the investors have made their investment through regional centers, of which some 200 have been approved by USCIS, but only some 40 regional centers are active.
Unfortunately, what had been a fast route to obtaining a green card (under six months) is now often taking 12 to 18 months. In spite of the longer time for action, this remains a strong approach for Bander & Associates, P.A. clients who have the resources.
*The Possibility of Immigration Reform this Year
There is great concern that there will not be change in the immigration laws and regulations until after the Fall elections. The Dream Act is unlikely to be enacted by this Congress and it seems doubtful that the Obama Administration will announce a new benefit for students. In short, it appears that there will be no relief for the estimated 11 million undocumented foreign nationals residing, working, and attending school without proper authorization.
Politics will be a huge factor in the battle for immigration reform. The public can expect the political parties to offer various kinds of reform, but they will not come together and compromise until after the November elections.
*The Office of the Ombudsman
USCIS has an Ombudsman whose job is to help people and employers with problems they encounter when seeking citizenship and immigration benefits. When Congress revamped the delivery of benefits it created the Office of Ombudsman in Washington, D.C. with the aim of safeguarding and promoting quality customer service.
The Ombudsman Office observes customer service operations at the various USCIS facilities; meets with USCIS leadership and staff; and reviews feedback submitted by stakeholders experiencing customer service benefits problems. The many requests for assistance submitted to the Ombudsman's office provide examples of difficulties encountered by individuals and employers.
Bander & Associates, P.A. utilizes the Ombudsman for its clients when appropriate. The Ombudsman can be contacted by writing to the Office of the Citizenship and Immigration Service Ombudsman, U.S. Department of Homeland Security, Washington, DC 20528 or www.dhs.gov/ombudsman.
Sincerely,
Michael A. Bander, Esq.
Bander & Associates, P.A.
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