Immigration Lawyer Blog

Election Posturing or For Real? Millions of blank green cards and work permits being ordered?

There are news reports that USCIS is ordering millions of green cards in anticipation of President Obama unilaterally acting and providing amnesty to persons undocumented in the United States. With the mid-term elections 2 weeks away, the timing seems very suspicious. It is no secret that the Latino community is disappointed (to say the least) with broken promises of the White House acting on Immigration. The White House had 2 years of Democratic controlled House and Senate, so essentially free reign to pass any kind of legislation it wanted. Those 2 years were blown opportunities in the eyes of the Latino Community. Nevertheless, the Latino community backed President Obama in his 2012 reelection, and it was thought that the Latino vote made the difference. After the election vote, President Obama made promises to get immigration reform done in 2013. On the flip side, Republicans in 2012 seemed anxious to pursue immigration reform as a key to their future of controlling the House and Senate.… Continue reading…

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What are some of the requirements to be eligible for an H1B Petition?

H1B visas are the most sought after visa category for immigrants with a Bachelor’s degree, and have very specific requirements. A specialty occupation must fulfill two main qualifications; first it must require a “theoretical and practical application of a body of highly specialized knowledge,” and second it must require a specific academic background, or specialized body of knowledge for baseline entry into a field. In most cases, this means the minimum attainment of a U.S. Bachelor’s degree or its equivalent. Often times the difference between “specialty” and “professional” must be examined. Although all specialty occupations are professional, not all professionals have specialty training. If a professional with a broad scope degree is applying for a specialty occupation H1B visa, the petitioner must be able to prove the beneficiary has an impressive background of work experience that could qualify as specialized knowledge.

  • Accountants
  • Acupuncturists
  • Chefs
  • Chemists
  • Chiropractors
  • Dietitians
  • Engineers  Graphic Designers
  • Hotel Management
  • Human Resource Management
  • Lawyers
  • Pharmacists
  • Physicians
  • Social Workers
  • Software Developers
  • Systems Analysts
  • Teachers
  • Continue reading…

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Hong Kong Migration Shifts in Sight?

Hong Kong is one of the most extraordinary cities in the world. Having the privilege to earn a Masters degree in International and Chinese Law, making regular business trips as a immigration lawyer, and just out right touring Hong Kong, I have spent a lot of time in the city. It’s fascinating to see the mixing of the cultures, generally the western business community and the local Hong Kong business community. To complement the cutting edge business and legal community, there is a wealth of art and culture. As one person put it, Hong Kong is New York City on steroids. The recent protests in Hong Kong raise the question, what is the attraction to Hong Kong. Why do so many business people, lawyers, artists, and tourists come to Hong Kong? Why do local Hong Kongers choose to live in Hong Kong? As an immigration lawyer, this topic is particularly interesting as it perhaps sets the table for an upcoming migration trend.… Continue reading…

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Q&A: What are the nuts and bolts of an H1B visa?

The H1B work visa is one of the most popular employment based temporary visas. This non-immigrant visa allows foreign workers of a “specialty” occupation to work and reside in the United States for up to six years, in addition to their spouse and dependent children. In an H1B petition, the employer is the petitioner, while the employee is the beneficiary. It is the sole responsibility of the employer to file the H1B petition with USCIS, meaning foreign individuals cannot petition themselves for H1B status. Beneficiaries must be able to prove that they have an offer of gainful employment by a U.S. business, and that the job requires specific, sophisticated knowledge. In addition, a U.S. employer must satisfy several requirements such as verification that they will pay the prevailing wage or higher, and that the employment of a foreign worker will not harm conditions for U.S. workers. The cap for H1B visas is set at 65,000 per year, however, there is a special provision that allows an additional 20,000 visas for graduates of U.S.… Continue reading…

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The Regression of EB-5 Investor Visas for China

China, USA Flag

Introduction

The purpose of this article is to inform the reader of the recent announcement that the China EB-5 category will, for the first time in the program’s history, become unavailable. While those pending within the program should be processed at the beginning of the next fiscal year, this announcement poses problems for future China EB-5 applicants. It seems likely that, without intervention from congress, the China EB-5 program may become oversubscribed and may experience a visa retrogression.

EB-5 Overview

The EB-5 immigrant program allows for lawful permanent residence in the United States through qualifying investment and job creation. The program offers investors a conditional two-year green card with the opportunity, at the end of those 2 years, to apply for permanent lawful resident status. To qualify, investors must be able to invest $1,000,000 into a new commercial enterprise or into a Regional Center. Investors may invest $500,000, instead of the $1,000,000, into a Targeted Employment Area (TEA).… Continue reading…

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