EB5 Defined Generally In The Direct Investment Context
The Immigration and Nationality Act provides that an Immigrant Visa shall be made available when a foreign national invests or is in the process of investing capital, currently in the amount of $500,000 (for rural or high unemployment areas) or $1,000,000 into a new commercial enterprise and creates 10 full time jobs for US Citizens or Lawful Permanent Resident Holders (other than the investor’s spouse or children). There are numerous issues and factors that must be carefully examined for an EB5. But for purposes of this article we are narrowly examining whether an investor that invests in a business and receives an E2 or L1 visa and subsequently creates 10 full time jobs may apply the investment and job creation to an EB5 Green Card.
E2 Visa Defined
8 CFR provides that a foreign national of a Treaty Country may obtain E2 status when the investor:”(i) Has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living; (ii) Is seeking entry solely to develop and direct the enterprise; and (iii) Intends to depart the United States upon the expiration or termination of treaty investor (E-2) status.”
Its important to point out that unfortunately foreign nationals of India and China are not eligible for an E2 visa, which is a shame as there is very strong demand from foreign investors in these countries, which would be beneficial for the US economy.… Continue reading…
Update: The U.S. Supreme Court recently overturned the 1996 Defense of Marriage Act, also known as DOMA.
The effect of DOMA on Gay Couples
In 1996, President Bill Clinton signed into law prohibiting the federal recognition of same sex marriage, which is referred to as the Defense of Marriage Act, or DOMA. The consequences were the denial of federal benefits to married gay couples which may be received by heterosexual married couples. Examples of the federal benefits are immigration, social security survivor, tax, insurance benefits among other benefits.
The new Supreme Court decision on DOMA and it’s immediate effect on Gay Couples
On June 26, 2013, the United States Supreme Court struck down DOMA in a 5-4 decision. Shortly after, Secretary of the Department of Homeland Security Janet Napolitano issued a statement stating “effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.” On June 28, 2013 USCIS issued an approval on a same sex marriage green card case.… Continue reading…
Senate Bill 744, otherwise known as the Gang of Eight’s Comprehensive Immigration Reform Bill was passed by the Senate Judiciary Committee and has begun debate on the Senate floor. While debating the bill on the Senate floor, it is my hope that a special emphasis on the visa numbers is analyzed and discussed. It is my opinion that the current Immigration system has been severely damaged due to the insufficient Immigrant Visa Numbers and the lack of available non-immigrant and immigration visa options. Big picture the structure of the Senate Bill is fair and does address the current problem. But as we all know the devil is in the details and the details that caused the current immigration problem should be analyzed, solutions proposed and debated. In other words, does Senate Bill 744 address the causes of the current immigration problem? More specifically, are there adequate visa numbers available to eliminate the backlog and allow the current undocumented persons in the US a realistic path to citizenship?… Continue reading…
Posted in Adjustment of Status Application, Comprehensive Immigration Reform, Current Immigration News, EB3 Professional Skilled Workers, Immigration Lawyer Blog, Immigration Reform, Undocumented Workers, Waiver of Admissibility, Waiver of Inadmissibility
Tagged Adjustment of status, Comprehensive Immigration Reform 2013, Immigration Reform, Undocumented immigrants
Comprehensive immigration reform in its current incarnation as The Border Security, Economic Opportunity, and Immigration Modernization Act, referred here as S. 744, is making its way from the Senate Judiciary Committee for a full debate and vote on the Senate Floor . A recent Washington Post article finds that most Americans, 58 percent, support the most controversial aspects of the bill, the 13 year path to eventual citizenship . While not capturing headlines, this bill will have a dramatic impact on the functionality of the H-1B temporary worker program. New requirements by employers seeking a qualified candidate could stymy the intent of the H-1B program—to bring highly qualified, specialized in-demand professionals into a thriving and competitive US economy.
Will the Senate’s version of the Comprehensive Immigration Reform Bill cap out the future H1B visa?
S. 744 provides for an overall increase of the annual H-1B cap. The cap would increase from a minimum of 110,000 with the potential to reach up to 180,000.… Continue reading…
Tragedy in Boston Marathon Explosion
The Boston Marathon Bombings are a tragic event. Our hearts go out to the victims and their families. Unfortunately, these types of incidents have been a reality in the world we live in. The September 11th bombings are an event we should not and will not ever forget. The loss of life, the emotional suffering is something unimaginable.
Terrorist Attacks – Impact on Immigration Reform past and present
PAST: The reason I bring these events up in an Immigration blog article is there are some very real lessons from an immigration perspective. On September 5 2001, just days before the September 11th attack, President George W. Bush and President Vincente Fox of Mexico met at the White House to discuss Comprehensive Immigration Reform. This was a follow up meeting in which the Bush and Fox Administrations had been meeting for many months. The result of the meeting was a set of principles in which both President Bush and President Fox agreed upon.… Continue reading…