• The New Jersey Nets. In Brooklyn, New York, a massive new sports complex is being built in the area – including a shopping area, housing, and sports stadium. EB-5 investor immigrants are providing an estimated $228 million for the project. 
• The Tampa Bay Rays. Tampa Bay wants to spend a half-million dollars on a new baseball stadium that would improve the local economy and give a new home to their pro ball players. While looking for investors, the developers said that the EB-5 could be a welcome source of funds. 
• The Oakland A’s and Oakland Raiders. Oakland’s Mayor wants help from Chinese investors when it comes to building new facilities for the A’s and the Raiders. On the table is a new baseball stadium and an associated Coliseum City project that would include a convention center, hotels, and shops. 

• The commercial enterprise was established after Nov. 29, 1990; or
• A commercial enterprise that was established on or before Nov. 29, 1990 fulfills these requirements. It was:

• Purchased and restructured so that it becomes a new commercial enterprise; or
• Expanded resulting in a forty percent increase in net worth or number of employees.
  

• A sole proprietorship
• Partnership 
• Holding company
• Joint venture
• Corporation
• Publicly or privately owned business 

• Immigration forms and the I-526 Petition
• Personal financial information
• Business plans
• Approval letters
• Escrow accounts

• Form I-129 Petition for Nonimmigrant Worker
• Copy of the foreign national’s Form I-94, Arrival/Departure Record
• Statement that includes the reasons for the extension with a description of the reason for the original approval

• A foreign parent company must own at least 50% of the U.S. subsidiary and maintain veto power;
• A U.S. parent company must own at least 50% of the foreign subsidiary and maintain veto power;
• The ultimate parent company must own at least 50% of both the U.S. and foreign company;
• A U.S. organization with a branch office abroad and a foreign organization with a U.S. branch office qualifies; and
• A U.S. organization, which employs sales personnel overseas, can sponsor these employees even if there is no non-U.S. office.

• Interest paid on a home mortgage
• Relocation expenses
• Business-related travel and lodging, including deductions for meals, only if you are on temporary assignment for work or training

• The U.S. petitioner must be a parent, subsidiary or affiliate of a foreign company.
• The beneficiary of the visa must have worked for one year within the three years preceding the filing of the petition.
• Ongoing operation of the company/firm/business is required to maintain the status of both the EB-1C visa and the L-1A visa.
• The individuals must hold a managerial or executive-level position both before and after being transferred.

• Under the EB-1C visa, the U.S. entity must have been in “substantial operation” for at least one year before filing an EB-1C visa application, while the L-1A petitioner can be a new entity in the United States.  
• There is no “blanket petition” for the EB-1C visa.
• Since the L-1A visa is a temporary non-immigrant visa, the approval process is easier than for an EB-1C visa, which grants permanent residence to the individual.

• Authorship of scholarly books or articles
• Scholarly or scientific research contributions
• Participation as a judge of the work of others in the same field
• Published reports in professional or major trade publications
• Association memberships
• Recipient of major prizes or awards for outstanding achievement
• Other comparable evidence

• Sufficient office and/or real estate space has been obtained;
• The L-1 beneficiary has been employed for one continuous year within the three-year period before filing the petition. The beneficiary has worked in an executive or managerial position and the new position in the U.S. includes executive or managerial authority; and
• The U.S. office will support an executive or managerial position within one year of approval of the petition. The petition includes information regarding the proposed nature of the office, size of the U.S. investment, the financial ability of the company to pay the L-1 beneficiary and the commencement of business. The organizational structure of the company is also required as a part of the visa application process to open a new office. 
• It is important to note that it is expected that the manager or executive opening the new office will be actively involved in the daily operations during the start-up phase. The individual must have authority and plans to hire employees, as well as the ability to make decisions pertaining to the goals and management of the business.

• The employee must be of the same nationality as the E-2 investor; and 
• The employee may be executive or supervisory personnel; and/or
• The employee must have special skills that are essential to the operation of the business or enterprise.

Our experienced California immigration attorneys have discovered excellent potential in the H-1B cap exempt visas, and each year thousands of international workers come to the United States under a cap exempt H-1B visa. These visas have incredible benefits including the following:

• They can be filed at any time of year.
• The number of H-1B cap exempt visas is unlimited.
• There is no set employment start date.
• You can start working once the visa petition is approved.

An employer under an H-1B cap exempt visa includes:

• A defined institution of higher education or related/affiliated non-profit.
• Non-profit research organizations.
• Government research organizations.

It is important to note that once you start working under a cap exempt H-1B, you may transfer your H-1B to a new employer. However, you should call an H-1B California immigration attorney if you are seeking to transfer from a cap exempt H-1B to one that falls under the cap, which can become a complicated process. 

If you are seeking to come to the United States for employment purposes, speak with an immigration lawyer in California about your options. Call the Law Offices of Vaughan de Kirby at (415) 221-2345. Even with the H-1B cap reached for Fiscal Year 2012, we can assist you and your employer with the visa application process.

1. While you may submit the form and fee by mail, completing the form and paying online will ensure that the information is submitted correctly and allows for faster processing. If your Form I-901 is illegible, it will not be processed.
2. You may pay by credit or debit card online, or by a check or money order mailed to SEVP. We recommend that you pay by credit or debit card online, as checks are subject to collection and SEVP is not responsible for returned payments or payments lost in transit. 
3. The information on your Form I-901 must match the information on your Form I-20.
4. The most common reasons why a Form I-901 is rejected include:

• The check or money order was not included when mailed
• The payment is incorrect
• The payment is not an international money order or check that can be drawn upon by a United States institution and that is payable in US currency

• Concerns about your application, test scores, grades.
• Questions about the specific college or university you selected: Type of program, how your previous education relates to this program, length of the program. 
• Financial information: Sponsorship, family income, your bank account information, and any other documents to show how your education will be financed.
• Relatives in the United States: Any family members currently living in the country and any family members attending the same college or university. 
• Current work: Questions regarding your salary and the type of work you are currently engaged in.
• Plans after graduation: Whether you plan on returning home and, oftentimes, proof that you will be returning home.

• O-1 Visa: Applies to the individual with extraordinary ability, dual intent applies to this visa holder.
• O-2 Visa: Applies to support personnel integral to the O-1 visa holder’s performance with a skill that cannot be performed by others. Dual intent does not apply to the O-2 visa holder.
• O-3 Visa: Applies to spouses or unmarried children under 21 years of age. Dual intent does not apply to the O-3 visa holder.

San Francisco green card lawyer explains how the EB-5 visa program is helping the dire US economy.

• Acquiring capital funding
• Creating new jobs
• Bringing in highly-skilled and specialized immigrants into the country for employment

• The Articles of Organization for both the foreign and U.S. company affiliates
• Brochures which describe the U.S. and foreign companies 
• Addresses for both the U.S. and foreign companies
• Exact number of employees at both the parent company and its affiliate
• Financial statements for both the U.S. company and each of its foreign affiliates
• Letter of Support from the employer
• The job title of the transferee, including a detailed job description that lists special skills relevant to the position
• The salary and benefits for the U.S.-based position
• The name and title of the individual who will be signing the petition on behalf of the company
• Copy of the transferee’s passport
• Copy of the transferee’s U.S. visa and I-94, if the transferee is already in the United States
• The resume of the transferee, including work history
• Copies of the transferee’s diplomas and transcripts
• Copies of the transferee’s pay stubs or tax firms, providing proof of at least one year, within the last three, of employment with the foreign company

What are the requirements for obtaining an L-1 blanket visa?

• The United States-based company must be a branch, subsidiary, or affiliate of the non- United States based company
• The U.S.-based company must have been in business for a minimum of one year
• The U.S.-based company must have a minimum of three branches, subsidiaries, or affiliates
• Both the U.S.-based company and its non-U.S.-based affiliate must be engaged in trade or rendering of services
• Both the U.S.-based company and its non-U.S.-based affiliate must have successfully obtained visas for a minimum of 10 employees over the past 12 months
• Both the U.S.-based company and its non-U.S.-based affiliate must have combined annual sales which reach, at a minimum, 25 million dollars
• If the last requirement cannot be met, then both the U.S.-based company and its non-U.S.-based affiliate must have a minimum of 1,000 U.S. based employees
• The employees must demonstrate proof that they were employed with the petitioning company for the past 12 months
• The employees must submit proof that they qualify for the U.S.-based position
• The employers must provide a written job offer for the U.S.-based position