Visas

On April 13, 2015, at the Invest In the USA (IIUSA) Conference in Washington D.C., Chief of the Visa Control and Reporting Division of the U.S. Department of State Charles Oppenheim reported that the EB-5 China immigrant visa category will retrogress beginning May 2015.  Oppenheim has indicated since October 2014 that this day would come. This was further confirmed upon the release of the May 2015 visa bulletin. Accordingly, this means that retrogression of the EB-5 China immigrant visa category will retrogress two years and have a cut-off date of May 1, 2013. The cut-off date has the effect of establishing a systematic line for the issuance of EB-5 immigrant visas. The cut-off date is determined based on the date an I-526 Petition was filed and is the date included on each I-526 Petition approval notice in the Priority Date box. Therefore, with the cut-off date set at May 1, 2013, based on the May 2015 visa bulletin, it means that during the month of May 2015, only those EB-5 investors (and their derivative beneficiaries) with a Priority Date of May 1, 2013, or earlier may apply for an EB-5 immigrant visa. The dates in the visa bulletin will either move forward, backward, or remain stagnant, and such changes will be reported monthly. Therefore, it is important that an applicant check the visa bulletin each month on the DOS website to see if their Priority Date has become current (i.e. if their Priority Date is earlier than the date listed on the visa bulletin). This is explained in even further detail in a previous post.
Continue Reading EB-5 Retrogression Announced for Chinese Nationals

shutterstock_74614888Immigrant entrepreneurs and investors have always been at the core of the American economy.  Immigrant-founded companies have generated billions of dollars in revenues and contributed intellectual property leading to significant socio-economic advancements within the United States.  Foreign-born entrepreneurs are a critical component to the advancement of the U.S. emerging technology space and it is important to note the variety of visa options available.  This initial post will provide an overview of the nonimmigrant and immigrant visa options available to entrepreneurs and investors in the emerging tech space with future posts focusing on the visa specifics.
Continue Reading U.S. Visa Options for Emerging Tech Entrepreneurs, Investors

The highly anticipated draft Policy Memorandum (L-1B Memo) addressing the qualifying criteria for the L-1B visa category was released by U.S. Citizenship and Immigration Services (USCIS) on March 24, 2015. The L-1B Memo attempts to give immigration practitioners and employers clear guidance on the definition of “specialized knowledge” and the standard of review USCIS adjudicators should apply when evaluating L-1B petitions. The feedback period for the L-1B Memo will end on May 8, 2015 and it will become effective on August 31, 2015.  Employers should be prepared to address the qualifying criteria outlined in the L-1B Memo, which clarifies and expands on previous agency guidance regarding L-1B visa adjudication.

Background
Continue Reading Was it Worth the Wait? USCIS Releases Guidance on L-1B Visa Category

On Feb. 24, 2015 the Department of Homeland Security issued a final rule providing for employment authorization for certain H-4 dependent spouses. This is one of the most significant changes to employment-based immigration to occur in many years.

Who is eligible? Only certain H-4 dependents of H-1B nonimmigrants are eligible for employment authorization. The benefit is limited to H-4 dependent spouses (i.e., not children) of H-1B nonimmigrants who are the principal beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140), or who have been granted H-1B status in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), generally by exhausting six years of H-1B eligibility and being the beneficiary of an I-140 which is retrogressed or a labor certification that has been pending with the government for at least one year.

When does the H-4 employment authorization rule take effect? DHS will begin accepting Applications for Employment Authorization (Forms I-765) submitted by eligible H-4 dependent spouses on May 25, 2015.Continue Reading Work Authorization for (Some, But Not All) H-4 Visa Holders

Earlier this week, Senators Hatch, Klobuchar, Rubio, Coons, Flake and Blumenthal introduced S. 153 the Immigration Innovation Act of 2015 (I-Squared). This bi-partisan bill marks the first positive immigration legislation introduced in the 114th Congress. It is also a solid bi-partisan piece of legislation. Please see a link to the official Senate press release.

Here is an excerpt of the major provisions of the I-Squared Act of 2015:

Employment-Based Nonimmigrant H-1B Visas

  • Increase the H-1B cap from 65,000 to 115,000
  • Allow the cap to go up (but not above 195,000) within any fiscal year where early filings exceed cap and require the cap to go down in a following fiscal year (but not below 115,000) if usage at the end of any fiscal year is below that particular year’s cap
  • Uncap the existing U.S. advanced degree exemption (currently limited to 20,000 per year)
  • Authorize employment for dependent spouses of H-1B visa holders
  • Increase worker mobility by establishing a grace period during which foreign workers can change jobs and not be out of status and restoring visa revalidation for E, H, L, O and P nonimmigrant visa categories


Continue Reading First Senate Bill Introduced to Address Legal / High-Skilled Immigration Reform