California Immigration Blog

"Outstanding" Under EB-1(b) Defined by San Francisco Visa Lawyer

Wed, 15 Feb 2012 08:00:00 EST

The standards for an EB-1(b) visa are rigorous; after reading this article if you think you have what it takes, then call a San Francisco visa lawyer to get started on your visa application.

To get approval for an EB-1(b) visa as an outstanding professor or researcher, the foreign national must be recognized internationally in his or her field. This visa, in particular, is achievement-based and the individual applying for the visa must be more than just very good. Not everyone will qualify for an EB-1(b) visa and, as part of the EB-1(b) visa petition, the petitioner must have a permanent job. Therefore, the individual cannot self-petition.

The hefty burden of proof lies solely with the petitioner to show he or she is “outstanding.” Therefore, it is important to speak with an experienced EB-1 California visa lawyer at the Law Offices of Vaughan de Kirby prior to applying for an EB-1(b) visa; we will review your background as a professor or researcher to see if you qualify.

The applicant for an EB-1(b) visa must fulfill at least two of the following criteria in a specific field:

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

If needed, our EB-1 visa lawyers from San Francisco will help determine what constitutes “other comparable evidence” for an EB-1(b) visa application.

The EB-1(b) visa provides internationally recognized professors and researchers with an excellent opportunity for stable, permanent employment. But it is important to first determine if you have what it takes to meet the requirements.

Contact the Law Offices of Vaughan de Kirby today if you are considering an EB-1(b) visa or if you are an employer looking to sponsor a foreign national. Call the law office at (415) 221-2345 or complete the contact form on this page for a free consultation with an EB-1 visa attorney from California. For additional information you may also read the free guide Special Report: EB-1, available on our website.

Opening New Office Under L-1? San Francisco Lawyer Notes Requirements

Fri, 10 Feb 2012 08:00:00 EST

As L-visa lawyers in San Francisco, we see many companies start businesses overseas and then expand to the United States using L-1 visas. Companies looking to expand and open a new office in the U.S. need to show that the company will have more than just a mere presence. As a part of the L-1 visa application, the petition must show that the company will actually be doing business in the U.S.

If you are applying for an L-1 visa and plan to open a new office in the United States, call a San Francisco L-visa attorney at the Law Offices of Vaughan de Kirby. We will ensure that your visa petition evidences the following:

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.

We know that applying for an L-1 visa in California and opening a new office are significant undertakings. Call the Law Offices of Vaughan de Kirby at (415) 221-2345 to speak with a San Francisco L-visa lawyer about your questions. Call our office today, we are ready to assist you.

San Francisco Visa Lawyer Helps E-2 Visa Holders Bring Employees to US

Tue, 07 Feb 2012 08:00:00 EST

E-2 visa holders often seek to bring employees to the United States to work under an E-2 visa; however, our experienced E-2 California visa lawyers know all too well that an E-2 investor cannot bring in just anyone to work in the business or enterprise. In order to qualify, the employee must meet specific requirements. Otherwise, the E-2 essential employee visa will be denied.

Contact a San Francisco E-2 visa lawyer at the Law Offices of Vaughan de Kirby if you are looking to bring an employee to the United States to ensure that the proper requirements have been met:

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.

The employee must be a worker, and not an investor, to apply for an E-2 essential employee visa. The burden of proof is to show that the employee is executive or supervisory personnel, or that the employee has special skills in the applicant’s business or enterprise. Ordinary skilled or unskilled workers, even if from a trade treaty country, will not qualify.

A San Francisco E-2 visa attorney can assist in gathering the required information to prove that your employee meets the requirements for an E-2 essential employee visa. Our attorneys will work to ensure that the initial documentation provided with the visa application is clear and evidences the essential skills the individual has for the specific position. Otherwise, the officer of the consulate will request additional documentation, including information indicating the lack of skilled workers in the United States to perform the work. You don’t want these types of delays with your visa application.

Call the Law Offices of Vaughan de Kirby if you are looking to apply for an E-2 visa or bring an employee to the United States under an E-2 essential employee visa. Our team of E-2 visa lawyers in San Francisco can be reached at (415) 221-2345.

H-1B Cap Reached, CA Immigration Lawyer's Secrets for Cap Exempt Visa

Fri, 03 Feb 2012 08:00:00 EST

If you are seeking to come to the United States under an H-1B visa, the bad news is that as of November 22, 2011, the United States Citizen and Immigration Services (USCIS) received a sufficient number of H-1B petitions to reach the cap. Unfortunately, this closes out any additional petitions received for Fiscal Year 2012. Additionally, as of October 19, 2011, the USCIS received 20,000 H-1B cap exempt petitions under the “advanced degree” exemption. While the future looks bleak for additional potential H-1B applicants, all is not lost.

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.

F-1 Visa SEVIS Form I-901 Tips from California Immigration Lawyer

Wed, 01 Feb 2012 08:00:00 EST

Proper payment of the Student and Exchange Visitor Information System (SEVIS) fee for F-1 student visa applicants is essential for your application to be processed. The SEVIS I-901 fee is a federal mandate to support the Student Exchange Visitor Program (SEVP), which tracks F-1 students and their families to ensure the visa status is maintained while in the United States. According to our California immigration lawyers, the paperwork and fee must be processed before an immigration official will make a decision about your F-1 visa application.

Our team of experienced immigration attorneys in California recommends the following when completing the Form I-901 and paying the SEVIS fee:

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.
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.
The information on your Form I-901 must match the information on your Form I-20.
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

If you do not have access to a computer, we recommend that you ask a family, friend or organization for the use of a computer to submit the Form I-901 and fee. We also recommend that you contact our office to speak with an immigration lawyer in California for assistance in preparing and processing the Form I-901, as well as the F-1 visa application. Call the Law Offices of Vaughan de Kirby to speak with a California immigration attorney at (415) 221-2345. We are here to answer your questions and help you through the F-1 visa application process.

San Francisco F-1 Visa Lawyer Helps Prepare You for the F-1 Interview

Sun, 29 Jan 2012 08:00:00 EST

An F-1 visa approval is a dream come true for many international students. The ability to come to the United States for an extended period of time to study, then likely stay, work and start a new life, is nothing short of amazing. However, obtaining an F-1 visa approval is a tenuous process. Not only is there a significant amount of paperwork involved, there is also the interview process, which an F-1 San Francisco visa lawyer can help prepare you for.

The following is a list of categories, as prepared by an experienced California F-1 visa attorney, from which an immigration officer will ask you questions:

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.

You should take the entire application process seriously and practice, practice, practice for your interview. Contact an experienced F-1 visa lawyer in San Francisco for assistance with the F-1 visa application process. Call the Law Offices of Vaughan de Kirby at (415) 221-2345 or complete the contact form on this page, and order a copy of our free guide, School in the United States. We have the experience, and we are here to help.

San Francisco Lawyer Explains Importance of Dual Intent with O-Visa

Sat, 28 Jan 2012 08:00:00 EST

There are several advantages to obtaining an O-visa, which is a non-immigrant visa for foreign workers entering the United States. But perhaps the biggest advantage of having an approved O-visa is the dual intent nature, which has not always been a part of the O-visa program. As explained by a San Francisco O-visa lawyer from the Law Offices of Vaughan de Kirby, dual intent is significant because it allows the visa holder to remain temporarily in the United States while applying for permanent resident status (green card), and eventually citizenship. This also means that the O-visa holder does not need to maintain a foreign residence.

If obtaining a green card or citizenship status is your goal, the O-visa program may be appropriate if you can show extraordinary ability in the field of sciences, arts, education, business, athletics, film or television. The assistance of an O-visa attorney in San Francisco is important if you intend on applying for an O-visa in California or throughout the United States. It is also important to know the specific categories associated with the O-visa and whether dual intent applies:

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.

We believe that the dual intent doctrine is essential if you intend on becoming a permanent resident of the United States. Contact an experienced O-visa lawyer in San Francisco for assistance in applying for an O-visa. Call the Law Offices of Vaughan de Kirby at (415) 221-2345 and order a copy of our free book, O-1Visa Guide: Using Your Extraordinary Ability in Film, T.V., Arts, Athletics, Business and More to Work in the U.S.. You may also complete the contact form on this page to speak with a California visa attorney today.

San Francisco Lawyer Explains How EB-5 Visa Program Helps US Economy

Tue, 17 Jan 2012 08:00:00 EST

Chinese banks invested more than $1 billion in real estate loans in the United States in 2011, with a particular focus on New York City. The Chinese government is looking to diversify foreign-exchange holdings and has been investing in several countries. However, in the United States, the EB-5 visa program has been particularly advantageous; US companies arrange for loans from Chinese investors for commercial and residential properties, including hotels.

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

When the United States’ credit markets are in tough financial condition, this impacts the state of the national economy, including hotel financing and developing. Regional centers link developers with foreign investors, which is important during these difficult economic times. Currently, in 2011, there are 191 regional centers, while in 2007 there were only 11. The EB-5 visa program has helped the country’s economy by:

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

Further, as a benefit for Chinese investors and their families who come to the United States through an EB-5 visa, once they become legal residents, the children can attend private high schools and universities in the United States while paying significantly less tuition than when entering as a foreign student. Contact a San Francisco attorney for green card assistance if you are looking to become a legal resident.

The EB-5 visa program is a quick way for wealthy individuals to immigrate to the United States. If you are an individual or a corporation and have questions about the EB-5 visa program, contact an experienced San Francisco green card attorney at the Law Offices of Vaughan de Kirby. Read our complimentary guide, The Investor’s Path to a Green Card, available through our website, and call our law office today at (415) 221-2345.

The Paper Trail: San Francisco L-1 Visa for Intra-Company Transfers

Sun, 08 Jan 2012 08:00:00 EST

For multi-national companies seeking to transfer foreign employees to work in the United States, the L-1 visa is one available option for legally documenting the move. Like any other visa process, applying for a California L-1 visa requires specific documentation for approval. The following is an overview of the documentation necessary for obtaining such a visa.

As part of the application process, a qualified San Francisco visa attorney will gather the following paperwork:

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

For more information about applying for an L-1 visa, contact an experienced San Francisco visa lawyer. Fill out our online form or contact us at 415-221-2800 today.

San Francisco L-1 Blanket Visa: What are the Requirements?

Fri, 06 Jan 2012 08:00:00 EST

California L-1 blanket visas can dramatically reduce the time that it takes a company to legally transfer its international employees to the United States. This time-savings typically correlates to a large financial savings for the company as well. Employers interested in learning more about the blanket visa should contact an experienced San Francisco L-1 visa lawyer for more information.

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

To learn more about blanket visas, contact the experienced San Francisco L-1 visa attorneys at the Law Offices of Vaughan de Kirby, A.P.C. Fill out our online form or contact us at 415-221-2800 today.

CA Immigration Lawyer Believes Cap Gap is Important for F-1 Students

Thu, 29 Dec 2011 08:00:00 EST

The cap gap extension covers the gap of time between when the F-1 Optional Practical Training (OPT) ends and H-1B temporary worker visa status begins. This is extremely important for students who are beneficiaries of approved or pending H-1B visas, as they are able to stay in the United States with an automatic extension of the F-1 student visa and the OPT authorized employment. Without the cap gap relief, an individual would have to leave the country at the expiration of the F-1 visa and return at the start of the H-1B. Or, if the foreign student remained past the F-1 visa, he or she would fall out of status and would not be able to obtain an H-1B visa. You should contact a California immigration lawyer to ensure this does not happen to you or a potential employee.

We believe California employers and companies, as well as potential employees, should consider the following in order to ensure a smooth transition from F-1 OPT status to H-1B status:

The application for an H-1B must be filed in a timely manner and while H-1B visas are still available
The H-1B quota is filled quickly, the H-1B cap is usually met within the initial April 1 filing period
All cap-subject petitions have a start date of October 1
If granted a cap-gap extension, a student cannot travel outside of the United States and return on F-1 status
If the H-1B petition is rejected due to shortage of available visas, the OPT cap gap extension is then revoked

There are specific steps to take and paperwork to file in order to proceed smoothly from F-1 OPT status to H-1B visa status. We recommend you speak with the experienced California immigration attorneys at the Law Offices of Vaughan de Kirby to ensure your needs are met in a timely manner. Contact the law office at (415) 221-2345; we are here to answer your questions.

California Immigration Law Firm Explains Increase in H-1Bs to Indians

Wed, 28 Dec 2011 08:00:00 EST

H-1B visas are more popular than ever for Indians wishing to work in the United States. According to the U.S. Embassy in India, the United States issued 24 percent more H-1B visas to Indians in the 2011 fiscal year than in 2010, with a total of 67,195 H-1B visas being issued this past fiscal year. India is by far the largest recipient of H-1B visas issued by the United States.

A yearly cap of 65,000 is placed on the total number of H-1B visas issued by the United States to those with a minimum attainment of a Bachelor’s degree, with an additional 20,000 issued to those with a Master’s degree from a United States university.
What is behind the significant number of H-1B visas issued to Indians, many of whom come to work for California companies?

Increase in US-India business relations to enhance global prosperity
India has highly trained and highly skilled engineers
The United States has a shortage of workers with specific skills; H-1B visas allow companies to bring in highly skilled workers to fill these positions

Although some feel that issuing such a high number of H-1B visas to Indians is fraudulent, believing that employers may pay less to those hired under H-1B visas, there is a “prevailing wage” requirement and many employers would like to see an increase in the cap to bring the “cream of the crop” to their companies.

However, the requirements and paperwork involved with applying for H-1B visas are complex, and significant delays in the processing have made it even more difficult. You should contact a California immigration lawyer if you or your company is considering an H-1 worker visa.

The California immigration attorneys at the Law Offices of Vaughan de Kirby provide legal assistance with H-1B visa processing. Call the law office at (415) 221-2345; our attorneys work with clients in California and throughout the United States, as well as world-wide. Call our office or complete the contact form on this page for a free consultation. You may also order our free special report for professionals and employers that answers questions about H-1 employment visas, available on our website.

Can California O Visa Athletes Accept Jobs Outside their Sport?

Thu, 22 Dec 2011 08:00:00 EST

Many professional athletes have limited careers in their sport of choice, as being at the top of one’s field requires peak physical and mental fitness that often cannot realistically be maintained for a prolonged period of time. These athletes may go on to pursue work in fields that are ancillary to their sport in order to stay involved. What happens when an athlete wants to obtain an O visa to work in the U.S. for a job that does not involve the playing field?

For any individual applying for a visa, it is essential to obtain the guidance of a California immigration attorney. This professional can advise athletes as to the chances of success in their petition for an O visa. U.S. Federal regulations do not require that the job be limited to only those who possess an extraordinary ability. Even if the job does not require the necessary skill to be considered extraordinary, the key test is whether the applicant possesses skills that would render him or her extraordinarily successful at that specific job. Therefore, the job must specifically relate to that sport.

Examples of applications that have been or would be denied include:

A professionally ranked tennis player’s application to work as a tennis coach
A professional squash player’s application to work as a squash coach, where the athlete cites her own abilities as a player as qualifying her to be a coach
A professional baseball player’s application to work as an umpire

When applying for an O visa, it is important that you continue to work in your specific professional niche. For more information, contact an experienced O visa attorney. Fill out our online form or contact us at 415-221-2800 today.

5 Things to Know about Entering California on an F-1 Student Visa

Wed, 21 Dec 2011 08:00:00 EST

Applying for the F-1 student visa and receiving approval are the first steps for coming to California to study abroad. Once these steps have been completed, the process to physically enter the country is not as simple as it may appear. The following is a list of five things to be aware of as you arrive in California:

Be aware that the visa does not guarantee entry into the U.S. The Department of Homeland Security, U.S. Customs, and Border Protection officials have the right to deny admission.
F-1 student visa holders must have their Form I-20 on hand at all times when entering the United States.
Changes to restrictions on bringing food, agricultural products, or other goods happen all the time. Students should review updated lists on the Department of Homeland Security, U.S. Customs, and Border Protection websites prior to entering the U.S.
Students entering the United States will be enrolled in the US-VISIT entry-exit program upon arrival.
Keep the Form I-94 in your passport at all times. This form documents your authority to remain in the U.S.

A U.S. student visa gives its holder the ability to visit the United States and pursue a course of study. For more information on entering California on your F-1 student visa, contact an experienced California immigration lawyer who understands the importance of observing the above rules. Fill out our online form or contact us at 415-221-2800 today.

Taking a Break from California School: What Happens to the F-1 Visa?

Wed, 21 Dec 2011 08:00:00 EST

You have successfully obtained a San Francisco F-1 student visa and were enjoying your studies in the beautiful state of California until life got in the way and you needed to take a break. What happens to your visa status? The following is a list of helpful tips for understanding the requirements related to your visa.

You may take a break without it affecting your visa status if the break lasts less than five months.
If the break lasts more than five months but you remain in California, you may lose your F-1 status and your visa would be invalid for future travel returning to the U.S.
If the break lasts more than five months but you have returned home or traveled outside of the country, you may lose your F-1 student visa status.
An exception to this rule may be invoked if you engaged in activities outside of the country that related to your course of study.
To be certain that these activities would qualify, consult with a school official prior to leaving California.
If you try to come back into the country, immigration officials may deny admission or cancel the visa after granting you permission to withdraw the application for admission

Taking a break from studies is sometimes unavoidable. The important thing is to plan ahead and take appropriate steps to protect yourself. For more information, contact an experienced San Francisco immigration lawyer. Fill out our online form or contact us at 415-221-2800 today.

USCIS Asks for Stakeholder Contributions to a New Policy Memorandum for EB-5 Program

Wed, 16 Nov 2011 08:00:00 EST

Last week, immigration attorneys and others applauded the USCIS for announcing a plan to continue engaging with those with vested interests in the EB-5 Employment Creation Program. The USCIS has released a draft of a new policy memorandum that will guide future adjudication of the EB-5 program.

In a letter introducing the draft, USCIS Director Alejandro Mayorkas explained that the agency plans to create a memorandum that will incorporate all previous memoranda in order to clarify and consolidate the existing policy. A draft is being offered to the public as part of an effort to seek stakeholder input.

This current step is part of a recent larger effort by the USCIS to streamline processing and involve expert opinion regarding EB-5 processing policy. As Director Mayorkas outlined in his letter, the agency has already implemented several new policies in response to stakeholder input, including the introduction of direct email contact between the USCIS adjudication team and those petitioning for Regional Center status. It is hoped that increased communication and stakeholder input will make the popular program even more effective.

Senators Introduce Bill to Let Immigrant Investors Purchase Real Estate and Get a Visa

Tue, 15 Nov 2011 08:00:00 EST

As the real estate market in the U.S. continues to struggle, two U.S. senators have introduced a bill that gives foreign investors the chance to help.

Senators Charles Schumer (D-NY) and Mike Lee (R-UT) have rolled out the bill as part of a larger legislative effort to boost foreign tourism and investment in the U.S. The Visa Improvements to Stimulate International Tourism to the United States of America Act (VISIT-USA Act), as it is called, would reduce barriers for Canadian and Chinese visitors, expedite priority visa applicants, and make other key changes to visa procedures.

As part of the bill's effort to address the excess available real estate that is dragging down the economy, the VISIT-USA act would offer foreign investors a visa if they invest at least $500,000 on residential property in the U.S. Similar to the EB-5 program, a foreign investor would be permitted to reside in the U.S. along with his or her spouse and children. However, unlike the EB-5 program, the program would not offer a path to citizenship. Instead, individuals would get a 3-year temporary visa that would be renewable.

Real estate brokers in the U.S. are highly supportive of the bill, reports the Los Angeles Times. Luxury markets in the Western U.S. in particular would benefit from foreign investors, who would be highly motivated by the opportunity to reside in the U.S.

Canada Takes Notice as US Moves Towards Making EB-5 Pilot Program Permanent

Mon, 14 Nov 2011 08:00:00 EST

Competition for the wealth of foreign investors heats up as U.S. lawmakers move towards making the EB-5 pilot program permanent, says Canadian blogger Andy Radia for Yahoo! News.

Several countries have an immigrant investor program, including both Canada and the United States. In the U.S., the EB-5 pilot program allocates visas for foreign investors who invest at least $500, 000 in qualified investment funds known as "regional centers." The program is currently set to expire on September 30, 2012. However, the program has become increasingly popular, particularly as traditional sources of capital have dried up and job creation has become a priority among politicians. Quite a few members of the U.S. Congress are supporting a bill to make the program permanent, including Congressman Rick Larsen, reports Yahoo! News. "(The EB5 program) is one way to seek direct investment into our communities in order to create jobs," Larsen said. "If we aren't in a position to receive this capital investment, it's going to go somewhere else because other countries recognize how important it is to bring in that overseas investor with their dollars."

Canada also has a popular immigrant investor program that offers visas to investors who invest $800,000. However, the popularity of this program as led to long wait lists and slow processing times. This backlog is something the U.S. can take advantage of, says Congressman Larsen. "Other countries are marketing (their immigrant investor programs) overseas. And those dollars are going to end up invested in a country and I would prefer those dollars end up (in the United States)."

Maine Residents Are Applauding USCIS Approval of EB-5 Regional Center in Franklin County

Thu, 10 Nov 2011 08:00:00 EST

The United States Citizenship and Immigration Services (USCIS) recently approved a new Regional Center under the Immigrant Investor Program, also known as EB-5, in Franklin County, Maine. The new regional center, USA Lifestyles, will include Franklin County and Livermore Falls in Androscoggin County, knows as Greater Franklin County.

The EB-5 program gives potential immigrants the chance to apply for a U.S. visa if they invest in a U.S. business which can be proven to create new employment for American workers. The aim of the program is to foster business growth and job opportunities in flagging economic areas.

Local business leaders and government officials are optimistic about the job creation that the EB-5 program can provide. "This EB-5 designation is certainly welcome news for Franklin County and Maine and will make great strides in providing critical investments at institutions like Saddleback in our state during these challenging economic times. It is crucial we in Congress do everything possible to create an environment for job creation in the U.S. and the EB-5 program has the potential to bolster Maine's economy," said U.S. Senator Olympia J. Snowe.

The new center will coordinate investments in local businesses including tourism, construction, and food service. Local ski enthusiasts are taking notice of the impending influx, as reported by the AlpineZone.com.

EB-5 Program Offers Faster Green Card, Reports The Economic Times in Bangalore

Wed, 09 Nov 2011 08:00:00 EST

A recent article in The Economic Times reported that many Indians who are hoping to avoid waiting years for a Green Card are taking advantage of the EB-5 program. The EB-5 is a visa program that offers families a path to a permanent Green Card, if the applicant makes an investment in the U.S. economy that creates American jobs.

Recent reports by the National Foundation for American Policy, notes the Times, showed that Indians with a university degree interested in getting a Green Card may have to wait up to 70 years, if they apply under the EB-3 visa category. The EB-5 visa, if one has the capital, can allow an applicant to avoid these waiting times.

With the economic downturn, the EB-5 has been gaining more attention because of its potential to create jobs. Some investment firms are looking to India to create awareness of the program and build interest in investing.

EB-5 Program Growing in Colorado, says Denver Post

Tue, 08 Nov 2011 08:00:00 EST

A huge construction project in Vail, CO is being made possible by immigrant investors through the EB-5 program, the Denver Post reported last week. The newly approved $375 million Solaris project will create new residences and commercial spaces and is the first of its kind in Colorado. In addition to creating jobs for Colorado workers, the project has the potential to get Green Cards for up to 160 wealthy foreign investors and their families. The project developers expect to get $80 from foreign investors under the growing EB-5 program.

The EB-5 program offers visas to prospective immigrants who invest $500,000 in a project or business that creates at least 10 jobs. The EB-5 program as been growing rapidly since as businesses are looking for alternative capital sources in the wake of the economic downturn.

USCIS Begins Enhancements to EB-5 Program

Mon, 07 Nov 2011 08:00:00 EST

San Francisco immigration lawyers are applauding the implementation of new enhancements to the EB-5 program. The EB-5 program offers U.S. visas to prospective immigrants who make an investment in the U.S. economy that creates jobs for U.S. workers. Earlier this year, the USCIS proposed a number of changes to the program that would improve communication and streamline the application process. This week, USCIS announced they would begin implementing the first phase of the changes.

The first enhancement is the streamlined communication process for those applying with form I-924, which is the application for a regional center under the Immigrant Investor Pilot Program. Applicants will now be able to email directly with USCIS adjudicators, in order to get questions answered or concerns addressed quickly. Next in the pipeline is the acceleration of premium processing. The USCIS hopes to streamline and speed up this process, which in the past has taken months due to the need to revise applicant's forms. USCIS is employing economists and other experts to help determine the best way to change this process.

The USCIS has stated that implementation of the enhancements to the EB-5 program are a high priority, and will continue to release updates. Learn more about the first phase of changes here.

H-1B Visa Delays Mean IT Project Delays in the United States

Mon, 31 Oct 2011 08:00:00 EST

We all know well how inconvenient the current H-1B visa delays are for foreign workers, but new information shows that the longer wait times on H-1B visa application approvals can affect entire companies - and our economy.

While the H-1B application process used to take two to four weeks, the U.S. Citizenship and Immigration Service (USCIS) now asks employers and workers to allow sixty days to have their information processed. Companies say that they had had to wait up to eight weeks for approval, visa status changes, and visa extensions.

Many companies' worker plans are delayed even longer due to USCIS requests for information regarding positions and wages. At the same time, while some can pay an expensive fee to expedite the process, even they must wait 45 days for approval.

The result is that many companies are missing deadlines and initiatives. Even one missing worker can mean that company-wide plans are dashed and money is lost. The long-term result may be that more IT offices and technology jobs are moved offshore to avoid visa issues and project delays.

If you or your company needs assistance in navigating the H-1B process, we may be able to help. Contact the California immigration lawyers at the Law Offices of Vaughan de Kirby by calling 415-221-2345 or by filling out the contact form at the top of this page.

US Senators: Give Residence Visas to Foreigners Who Buy Homes

Mon, 31 Oct 2011 08:00:00 EST

Two United States Senators have a new idea that would solve two problems at once: give visas to foreigners who make a significant investment in residential real estate in the United States. The move would help the poor housing market recover while at the same time tackling much-needed immigration reform.

This is just one idea put forth by New York Democrat Charles Schumer and Utah Republican Mike Lee in a proposed package of immigration reforms. According to their plan, immigrants who spend more than $500,000 on a residential property in the United States would be granted residency. Much like the EB-5 investment visa, this new visa would welcome those from overseas who wish to help the U.S. economy while starting a new life on American soil.

Already, many foreigners, notably from Canada and China, have taken advantage of the poor housing market across the country by investing in real estate - and housing market experts say that having anyone buy the glut of houses currently on the market would help the market get back to normal.

Do you have money to invest in the United States and wish to work and live in America? You may be eligible for an investment visa. Speak to our California immigration attorneys today for more information on how to apply.

Registration Period Begins for 2013 Diversity Visa Lottery

Sun, 30 Oct 2011 08:00:00 EST

Those wishing to apply to the 2013 diversity visa lottery have until Saturday, November 5 at noon to turn in their paperwork. You may apply online at the United States Department of State's Bureau of Consular Affairs, where you will be issued a confirmation number.

The diversity visa lottery is an immigration program that doesn't take into account family connections, job skills, extraordinary talents, or investment opportunities - it simply gives any qualifying foreigner a chance to secure permanent residency in the United States. Each year, 50,000 people from around the world are chosen out of an estimated 14 million applications.

The visa lottery is limited to those living in countries that do not already have significant numbers of immigrants living and working in the United States. This year, citizens of Bangladesh, Brazil, Canada, mainland China Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, South Korea, The Philippines, The United Kingdom (except Northern Ireland), and Vietnam are not eligible to apply.

The diversity visa is just one way to secure a visa and acquire United States residency. If you would like to travel to the U.S. to live, work, or study, you may need to consult with a San Francisco immigration attorney. To schedule a meeting with the lawyers at the Law Offices of Vaughan de Kirby, please call (415) 221-2345 or fill out the short electronic contact form on this page.

USCIS Director Announces "Entrepreneurs In Residence" Program

Sun, 30 Oct 2011 08:00:00 EST

As part of a general an ongoing effort to focus on new start-up companies, engender job creation, and improve the overall economy in the United States, U.S. Citizenship and Immigration Services (USCIS) has announced a new initiative that will collect strategic information from economists, entrepreneurs, and industry leaders. This information will be used to make improvements to the EB-5 visa process and the L1-B visa process.

USCIS Director Alejandro Mayorkas announced the "Entrepreneurs In Residence" initiative at the Jobs Council's High Growth Entrepreneurship Listening and Action Session before the agency's quarterly meeting. Mayorkas hopes that the new program will allow the USCIS to gain vital insight into how skilled immigrant workers, immigrant investors, and immigrant entrepreneurs can help the United States grow the economy, create jobs, and stimulate innovation.

The initiative will begin with a number of informational summits, where the USCIS will speak with experts in various fields and collect data regarding immigration policy, job training, and start-up companies. The USCIS will then use this information to assist with their other goals, which include reviewing and improving the EB-5 visa process and improving officer training for the EB-2 visa process and L-1B nonimmigrant intra-company process.

Do you need legal assistance regarding the EB-5 visa process, the EB-2 visa process, and L-1B nonimmigrant intra-company process? You may need to speak with a California immigration lawyer about eligibility and application requirements. Contact us today to schedule a meeting in person or over the phone.

Congressional Judiciary Committee Says EB-5 Investor Visa Program "Key to Creating American Jobs"

Thu, 20 Oct 2011 08:00:00 EST

On September 14, 2011, the Congressional Judicial Committee held a hearing on the future of the EB-5 Investor Visa Program. The hearing topic was "The Investor Visa Program: Key to Creating American Jobs."

An opening statement by the Chairman of the Committee, Lamar Smith, highlighted the responsibility of Congress to create jobs and how the EB-5 program, particularly the regional centers, can play a key part in achieving this goal.

Congressman Smith emphasized that the regional center program has created an estimated 65,000 jobs and attracted over $3 billion dollars in investment funds to the U.S. In difficult economic times, he emphasized, state and local governments can look to regional centers as partners in generating economic growth.

You can read the full text of Congressman Smith's statement on his website. You may also watch a webcast of the hearing for more details.

Baltimore Sun Supports Involvement of EB-5 Investors in Maryland

Wed, 19 Oct 2011 08:00:00 EST

This week, an article in the Baltimore Sun came out in support of the EB-5 visa program and its involvement in a state-sponsored development projects at the Port of Baltimore and a state office complex. While some have been "uncomfortable" with the use of funding from the investor visa program, the Sun argues, a proper understanding of the program will lead to the conclusion that all of the objections raised do not apply.

First, the Sun argues, the complaint that the EB-5 program is essentially "selling American citizenship" is invalid. The United States immigration service has always given preference to those who will be most likely to integrate easily into society and to contribute. For years, other employment-based visas have provided avenues to residency for skilled workers, those with advanced degrees, and those with family members already here.

Second, the fears that many Americans have about immigration policy do not apply in this case, says the Sun. EB-5 investors are creating jobs, not taking them away from American citizens. These investors have come here to create a successful business and pay taxes. EB-5 investors have more incentive to create jobs than do traditional investors because their residency depends on it.

Finally, without raising taxes to fund the project publicly, there is no other way to develop the Port of Baltimore in order to accommodate the large cargo ships that will be coming through the Panama Canal beginning in 2014.

San Francisco Bay Area EB-5 Regional Center Project Appoints Ginny Fang of ChinaSF as CEO

Wed, 19 Oct 2011 08:00:00 EST

San Francisco business news outlets are buzzing about the hiring of Ginny Fang as the CEO of the new San Francisco Bay Area Regional Center. The new Regional Center will join others in the Bay Area that are part of the EB-5 program, which offers immigration benefits to foreign investors who invest in the United States economy.

For the last few years, Fang has been head of the ChinaSF Initiative, a public-private program that fosters trade between China and San Francisco. Her recent successes there, including the establishment of the West coast headquarters of China's Bank of Communications in San Francisco, have made her optimistic about the Regional Center's contribution to the Bay Area. "I am thrilled to step into this important leadership role with the San Francisco Bay Area Regional Center,'' Fang said. "Other U.S. cities have successfully used similar organizations to attract much-needed foreign direct investment dollars. It is time that San Francisco and the Bay Area do the same."

As reflected by the USCIS list of regional centers, this new Regional Center is not the only center serving Northern California, but is a welcome addition, particularly when job creation is on the minds of many Californians.

EB-5 Investors Can Help Turn Around Michigan's Economy, Says Governor

Tue, 18 Oct 2011 08:00:00 EST

The EB-5 program got a boost today from Michigan state governor Rick Snyder, says a report in the Grand Rapids Press. In a speech to the World Affairs Council, Gov. Snyder relayed his recently-made connections with business leaders in Asia and called for a culture that is "positive, inclusive, and embracing diversity and the common ground." Gov. Snyder said that more inclusive policies like EB-5 that encourage immigration will help the state's economic woes. The state should retain more international students who attend universities, he said. What's more, he advocated the use of immigration strategies, particularly the EB-5 program, which offers a road to a green card to foreign investors who invest in the U.S. economy. He hopes to create a statewide environment that is encouraging to investment through tax and regulatory reform. The governor recently met with business leaders from Japan, China, and Korea in an effort to promote business partnerships and more economic opportunities for the state through overseas investment. These meetings "went very well," reported the governor, and stressed that "there's a lot in the pipeline that's good."

USCIS Announces "Entrepreneurs in Residence" Initiative

Tue, 18 Oct 2011 08:00:00 EST

The U.S. Citizenship and Immigration Services has announced an innovative initiative: "Entrepreneurs in Residence." USCIS Director Alejandro Mayorkas announced the initiative on October 11 to the President's Council on Jobs and Competitiveness. The USCIS has stated that the initiative is an effort to strengthen USCIS policies around immigrant investors, entrepreneurs, and specialized workers through the use of industry expertise. The hope is that insights from experts both public and private can help the USCIS fashion immigration policies that create and protect American jobs. "This initiative creates additional opportunities for USCIS to gain insights in areas critical to economic growth," said Director Mayorkas.

The initiative will begin with a series of informational summits with industry leaders, which will lead to the formation of a team of industry leaders and experts who, along with USCIS staff, will design creative policy and practice solutions to be implemented according to existing regulation. This announcement is part of a larger effort on the part of USCIS, which was announced in August, to promote startup businesses and encourage job creation, including enhancements to the EB-5 investor program.

Financial Groups Support Making EB-5 a Permanent Program

Tue, 18 Oct 2011 08:00:00 EST

Financial groups across the nation are lending their support to efforts to make the EB-5 visa program permanent. Next week, the Association to Invest in the U.S.A. (IIUSA) is holding a fundraiser to raise money for the cause.

The EB-5 program was created in 1990 to encourage foreign investment in approved projects that create jobs. The program is set to expire next September, unless the program is renewed temporarily or made permanent. Supporters from both public and private institutions are saying that the program should be made permanent because it fosters job growth.

Several financial groups are joining the effort to make the program permanent. One such group is NES Financial, which is a provider of EB-5 escrow administration services. "The EB-5 Visa program has received numerous extensions over the years because of the value it continues to provide to the U.S. economy. We believe that the EB-5 Visa program should be made permanent," said NES Financial's CEO Michael Halloran.

USCIS Celebrates Citizenship Day by Inducting 27,000 New Citizens

Wed, 12 Oct 2011 08:00:00 EST

As part of a weeklong celebration of Constitution Day and Citizenship Day, 27,000 new American citizens took their naturalization oath and officially became permanent United States citizens.

Constitution Day and Citizenship Day both fall on September 17, the day that the Constitution was signed. To celebrate each year, United States Citizenship and Immigrations Services (USCIS) organizes hundreds of naturalization ceremonies across the country, as well as a number of special events. This year, 14 different ceremonies were held at various national parks, while a capstone event took place at the Washington Monument at the end of the week. In addition, a naturalization oath event occurred at the Federation Building in New York City - the same building where George Washington was sworn into office as the first president.

Finally, a military naturalization ceremony took place on the USS North Carolina, where hundreds of soldiers were officially and permanently made citizens.

Do you dream of one day taking the naturalization oath and becoming a permanent United States citizen? Or do you simply want to legally come to the United States to work or study temporarily? You many need the assistance of a California immigration law office. For more information or to speak with one of our San Francisco immigration law attorneys, call us or fill out the short electronic contact form to the right of this page. Get the answers you need about immigration today.

Mayor Bloomberg Speaks Out For Immigration Visa Reform

Fri, 30 Sep 2011 08:00:00 EST

Yet another prominent United States Politician has spoken up for immediate and extensive immigration reform, especially in relation to worker visas. This week, New York City Mayor Michael Bloomberg addressed the U.S. Chamber of Commerce regarding his four-step immigration reform plan that would benefit businesses as well as the national economy.

Bloomberg pointed out a major barrier in the fight for sensible immigration reform: party politics are often getting in the way. While democrats are obsessed with worker visa reform, Republicans are obsessed with securing our borders from outside dangers – but Bloomberg believes that we can work toward both goals at the same time.

Like a number of others, Bloomberg said during his speech that the United States needs to increase the number of green cards offered to skilled foreign workers – especially those who can help strengthen our science and technology sectors. In fact, he believes there should not be a cap on how many skilled workers we welcome. In addition, he believes that foreign students who earn a graduate degree in science, technology, engineering or math should automatically receive a green card along with their application. Finally, he believes that foreign entrepreneurs should have more chances to start businesses on United States soil.

Are you interested in coming to the United States to study, to work, or to build a business? Speak to a Bay Area visa attorney today to learn about your possible immigration options.

Recent Immigration Law Helps Widows Immigrate After Loss Of Spouse

Fri, 30 Sep 2011 08:00:00 EST

U.S. Citizenship and Immigration Services (USCIS) has posted a reminder to all widows and widowers who were married to a U.S. citizen for less than two years: if your spouse died before October 28, 2009, you have one month to file a visa petition and apply to immigrate to the United States.

The old policy for foreign widows and widowers of United State citizens stated that former spouses could petition for U.S. residency only if they had been married for more than two years before the death of their husband and while. However, a new law that went into effect almost two years ago changed the policy so that all widows and widowers are eligible to immigrate to the United States as the immediate relative of a citizen.

The law was part of the amendments to the Immigration and Nationality Act and was signed by President Barack Obama.

If, as a widow or widower, would like to apply for an immigration visa as an immediate relative of your deceased spouse, you have two years in which to do so. If your spouse died before October 28, 2009, you must mail your application materials and Form I-360 to the USCIS so that it arrives before the stated deadline.

If you wish to immigrate to the United States but have questions about your visa application or other concerns, be sure to ask a Bay Area immigration attorney. If you would like to learn more about specific types of immigration and non-immigration visas, please see our collection of free books and reports.

Ireland Lawmakers Looking For More US Immigration Opportunities

Fri, 30 Sep 2011 08:00:00 EST

As lawmakers and other officials in the United States ponder immigration visa reforms large and small, politicians in Ireland are brainstorming new strategies for increasing immigration opportunities to the U.S. for Irish citizens.

According to Irish Central, Irish Foreign Minister Eamon Gilmore traveled to New York in September not only for obligations at the United Nations, but also for several meetings exploring various options for a greater rate of legal immigration to America. At the Irish Consulate during his trip, he disclosed that he and other Ireland officials were looking into immigration as it stands today and how immigration from Ireland to the United States could benefit from changes in the future.

While the Irish government is investigating several different options for expanding immigration options to the United States, Gilmore discussed the possibility of securing something like an E-3 via for the country of Ireland. Currently, under the E-3 visa program, Australians are given 10,500 employment visas that allow workers to travel overseas and work indefinitely and without restrictions. Signed into law in 2005, the E-3 visa is only currently available to Australians.

If you are an Irish citizen wishing to live and work in the United States through an employment visa, you have several options for moving forward. To learn more, please contact the San Francisco immigration lawyers at the Law Offices of Vaughan de Kirby or read one of our free guides regarding worker visas.

Two Hurdles Ahead for the New Startup Visa Bill

Tue, 20 Sep 2011 08:00:00 EST

As lawmakers discuss how to improve American business, pick up the economy, and create new jobs, many have been focusing on how immigration reform can help bring money, jobs, and business to the United States.

One fresh idea is the Startup Visa Act of 2011, which would - in theory - allow the most talented and ambitious foreign businesspeople come to the United States to try their hand at a new enterprise. Those who have raised enough venture capital are allowed into the country for two years, and those who see success within that timeframe have the option of applying for permanent residency.

While the Startup Visa has gotten widespread support from both Republicans and Democrats, the bill still faces two large roadblocks on its way to becoming law.
First, many politicians and immigration experts do not like the aspect of the bill that utilizes the leftover green cards from the EB-5 investor visa program. While those who drew up the bill argue that many EB-5 green cards currently go unused, others argue that the EB-5 program is still growing and that the startup visa program should not take from the scope of the existing program.

Secondly, House Judiciary Chairman Lamar Smith, who plays an important role in federal immigration policy, does not like the new bill. The Texas Republican fears that the startup visa would be susceptible to fraud and abuse - and that the government would have trouble pinpointing scams and bad business ideas.

Are you an investor or businessperson looking to immigrate to the United States? Contact the San Francisco EB-5 visa attorneys at the Law Offices of Vaughan de Kirby today.

Mitt Romney: We Need to Raise the Ceiling on H-1B Visas

Tue, 13 Sep 2011 08:00:00 EST

As the 2012 presidential race heats up, Republican frontrunner Mitt Romney has revealed his economic plan for the country - a plan that involves making it easier for more highly skilled foreign workers to enter the United State via H-1B immigration visas.

While supporters of the plan believe that reforming the H-1B visa program is key in building the science and technology sectors of the economy, others say that increasing the number of foreign workers will rob Americans of high-paying jobs.

In his proposal, which was released this week, Romney stated that attracting foreign workers with advanced degrees in math, science, and engineering would solve our dire need for these specialized employees. At the same time, Romney added, these workers would not prevent United States residents from obtaining such jobs, as an estimated 1.25 million technology jobs remain unfilled and as tech and science companies scramble to find employees with the skills required for the work.

Romney's plan also includes an immigration reform that would supply unlimited H-1B visas to foreigners who obtain higher degrees in the United States - known as "stapling green cards to diplomas." A similar measure did not pass Congress in past years.

A number of lawmakers, organizations, and other entities have stressed the need to make changes to the H-1 visa program, including President Obama. What do you think?

If you are considering an H-1 worker visa or have questions about the H-1 visa application process, contact a San Francisco immigration attorney today.

USCIS Announces Comprehensive Plan To Combat Immigration Services Scams

Sat, 03 Sep 2011 08:00:00 EST

After struggling to control cases of immigration services scams and fraud, the federal government has announced a new initiative to halt these issues. The Departments of Homeland Security (DHS) and Justice (DOJ) and the Federal Trade Commission (FTC) will all be involved with the effort, which hopes to protect immigrants through enforcement, cooperation, and education.

The initiative hopes to stop activities such as:

•    People giving legal advice to immigrants who are not qualified attorneys.
•    Scams that trick immigrants into paying for fake or unneeded services.
•    Businesses that take advantage of immigrants though false advertising and untruths.

The initiative hopes to both put more pressure on scammers and posers by pursing those who are breaking laws and to make it easier for consumers to report scams and poor business practices though the Consumer Sentinel Network.

The immigration system is complex and can be difficult to navigate, especially for those who are not familiar with the processes and who may not be native English speakers. Unfortunately, a number of people, entities, and businesses around the world attempt to take advantage of those who need legal assistance and of those who desperately wish to immigrate to the United States to live, study, work, or invest.

If you have been the victim of an immigration scam or immigration fraud, be certain to report your experience to the authorities. If you are looking for accurate legal advice from tested and verified immigration attorneys, contact the attorneys at the Law Offices of Vaughan de Kirby today.

EB-5 Quarterly Stakeholder Meeting To Be Held September 15

Sat, 03 Sep 2011 08:00:00 EST

U.S. Citizenship and Immigration Services (USCIS) has announced its quarterly stakeholder meeting for those interested in the EB-5 investment-based immigration visa. The meeting will take place on Thursday, September 15, at 1 p.m. EST at the Tomich Center in Washington, DC.

Those who wish to participate, either in person or through phone conference, should contact the Office of Public Engagement to reserve a spot. Those who wish to submit agenda items, topics for discussion, or questions are welcomed to do so, though the USCIS stresses that it will not address specific cases. This meeting will focus specifically on Form I-912A, Supplement to Form I-924 and end in an open forum. Please RSVP by September 14.

The EB-5 investors’ visa creates a number of exciting opportunities for both foreign investors and for those seeking worker in designated regional centers around the countries. The hope of the EB-5 immigration visa is to attract investors to specific areas of the United States to create jobs, grow companies, and promote economic growth.

If you are interested in learning more about immigration for investment, we encourage you to request our free book, The Investor’s Path to a Green Card, and to speak with one of our knowledgeable and experienced immigration attorneys.

2012 United States Diversity Visa Results Released After Initial Bungle

Fri, 02 Sep 2011 08:00:00 EST

Two months behind schedule due to a computer glitch, the U.S. Department of State has released the results of the 2012 Diversity Visa lottery. This year, over 15 million people from around the world applied for the visa, which grants permanent residency to the citizens of foreign countries not well represented in other immigration programs. Of the applicants, roughly 15,000 people are chosen.

The results of this year’s program were delayed because of a computer program error that caused the selection process to bias those who applied for the visas on certain days. The State Department wrongly informed an estimated 22,000 people that they had advanced to the next round of the immigration process and then announced a redrawing. Some of those who were told they won visas have filed a class action lawsuit regarding the incident.

The results of the diversity visa lottery program can be accessed by those who applied by visiting the State Department’s website. To apply for a 2013 diversity visa, interested parties should apply in October of this year.

Do you want to move to the United State in order to work, start a business, invest, or study? Speak to a San Francisco immigration attorney today about your visa options.

Understanding The New U.S. Immigration Policy Changes

Fri, 02 Sep 2011 08:00:00 EST

Alejandro Mayorkas, director of United States Citizenship and Immigration Services (USCIS), announced several policy changes this month that the USCIS hopes will make it easier for skilled foreign workers and entrepreneurs to enter the country and that will also help the science and technology sectors here in the U.S. While no laws are officially being changed, several shifts in policies, waivers, and clarifications will be made that could encourage more talented high-tech employees and businesspeople to seek permanent residency here.

But what exactly are the policy changes? Here is a brief rundown:

•    For H1-B visas, a change has been made so that visa holders who are sole proprietors of their companies may now also work for their company under certain circumstances. Moving forward, a foreign company owner with an H1-B visa may now also work for their company as long as they work full-time and are overseen by a board of directors.
•    For EB-2 employment-based visas, applications may opt to apply for a “national interest waiver” that would allow them to skip the often complex labor certification process. To receive a waiver, the applicant must prove that their business ventures are in the United States’ best interests.
•    For EB-5 immigration investment visas, the government will now streamline the application process so that foreign investors can receive approval for their visas in weeks instead of months.

Do you need assistance with your H1-B, EB-2, or EB-5 visa applications? Contact a California immigration attorney today with your questions and concerns.

USCIS Will Launch Online Application & Account System

Fri, 02 Sep 2011 08:00:00 EST

The U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security have announced that they will be promoting e-filing and online accounting over paper-based methods in order to modernize, streamline, and expedite services. The new changes in regulations are expected to be in place by the beginning of December.

The USCIS hopes that this new online system will help them better handle the millions of interactions that occur each year between their organization and U.S. immigrants. These safe and user-friendly online accounts will allow users to:

•    Access their case status
•    Respond to USCIS requests
•    Submit benefit requests
•    Upload electronic supporting documents
•    Update their profile information
•    Receive communications from USCIS
•    Instantly obtain USCIS decisions

In addition to creating online accounts, USCIS will also automate all of its forms and save significant time on data capture, data entry, and data processing.

While many are praising the USCIS for moving to an online method and modernizing their system, some are concerned about internet securing, hacking and fraud. However, the organization stated that they believe the new system will be safe for users and provide accurate information to all.

Are you interested in the visa application process, or would you like to live or work in the United States? Contact a San Francisco immigration attorney today for assistance.

San Francisco Immigration Attorney: Beware Of Green Card Scams!

Fri, 02 Sep 2011 08:00:00 EST

This month we covered the story of a hopeful Irish immigrant who applied for a United States diversity visa in the hopes of starting a new life in New York. However, she was almost tricked into a common scam that toys with the hopes of immigrants in order to trick applicants into sending money wires to fake addresses.

How can you avoid green card scams, US visa scams, and diversity lottery scams? Here are a few tips:

•    Avoid any business, organization, or attorney that claims that they can ensure your entry into the United States for an up-front fee.
•    Avoid companies that claim that they can win you a spot in the green card lottery.
•    Be wary of emails informing you that you have won the green card lottery – and must now wire a processing fee.
•    Avoid companies that promise a job, a free apartment, or free health insurance once you arrive in the United States.
•    Understand that the State Department does not inform diversity visa applicants of results over email.
•    Understand that registration for a diversity visa is free and that you do are not required to get assistance with your application.
•    Be wary of any “official” email that refers to the visa program as the “green card lottery.” The program is officially called the Diversity Visa Program.

If you become aware of an individual or company that is running a United States visa or immigration scam, be sure to report the abuse so that others do not fall victim to the scam. If you need assistance with your visa process from a reputable, experienced immigration attorney, contact us today.

President's Council: Highly Skilled Immigrants Could Be Key In US Job Creation

Fri, 02 Sep 2011 08:00:00 EST

The President’s Council on Jobs and Competitiveness met in VM Ware’s headquarters in Palo Alto, California, this month in order to discuss how to successfully create more job and boost the economy – especially in the science and technology sectors. The group, which consisted of some of the most successful businesspeople and entrepreneurs in the country, focused in on two important topics: education and immigration policy.

Many councilmembers, who included heavy-hitters Steve Case, John Doerr, and Sheryl Sandberg, agreed that the current U.S. immigration laws and policies are preventing quickly growing technology companies like Facebook and Google from hiring the talent that they need from overseas without considerable difficulty. In many cases, the members reported, major projects have had to move offshore in order to keep important foreign workers involved who could not secure H-1B visas.

While the group praised the recent U.S. immigration policy changes that will make it easier for skilled workers to enter the country to work, they also stressed that larger alterations need to be made in the future. Repeating what many technology companies and federal officials have said in recent months, the council recommended comprehensive and extensive immigration law reforms to encourage job growth and a stronger economy.

Are you attempting to work in the United State through securing an H-1B visa? Contact an experienced San Francisco immigration attorney to learn more about your case.

Is 9/11 A Shadow Over Much-Needed Immigration Reforms?

Fri, 02 Sep 2011 08:00:00 EST

The Obama administration, the President’s Council on Job Creation and Immigration, the U.S. Chamber of Commerce, and the American Council on International Personnel all agree: we need serious immigration law reforms that make it easier for skilled workers and those with extraordinary abilities to enter and work in the United States. However, many also believe that comprehensive visa law reforms will be hard to achieve in the current political climate and in the shadow of 9/11.

While many experts on the economy, the technology sector, and job create understand that we desperately need to change immigration law to better encourage the best and the brightest in the world to work and start businesses on our soil, others are still resisting change – and reminding the country that the 19 terrorists who attacked in 2001 were here with valid visas. Although 9/11 was surely a shattering event for the country and the world, many officials warn that the event should not paralyze efforts by the United States to stay competitive on the world stage and strengthen their economy.

Immigration reform is a complex topic – and the solutions are equally complex. Though it is important to learn from 9/11, it is also important to look toward the future and make decisions that are in the best interest of our country as a whole. What do you think?

Are you considering living and working in the United States? Speak with a San Francisco immigration attorney today about your visa options.

Get Your Questions Answered About F-1 Student Visas From A San Francisco Immigration Attorney

Fri, 02 Sep 2011 08:00:00 EST

In August, we added a number of new questions and answers to our F-1 Student Visa Frequently Asked Questions page. We hope that these additions will help address some of the most common queries that those who wish to study in the United States have about coming into the country legally for a degree.

Learn more basics about the F-1 visa process:

•    Can my family come to the United States with me while I am in school with F-1 status?
•    What documents do I need to apply for an F-1 visa?
•    How may I prove my clear intention to return home after graduation on my F-1 visa application?
•    How long can I stay in the United States with an F-1 student visa?
•    Am I allowed to work if I have F-1 student status?
•    Do I need a new F-1 visa if I transfer schools?
•    What is an F-1 visa?

The application process for F-1 visas can be complicated, and applicants are required to produce a number of documents and other evidence to qualify. It is imperative that you understand how the system works and the steps you can take to give you the best chances of securing a visa and an American education.

Are you seeking F-1 student status or an F-1 student visa so that you may study in the United States? Contact the experienced attorneys at the Law Offices of Vaughan de Kirby today to learn more.

EB-5 Investor Visa Statistics From The Last 18 Months

Fri, 02 Sep 2011 08:00:00 EST

United States Citizenship & Immigration Services (USCIS) has released statistics regarding their EB-5 investment-based visa program for from fiscal year 2010 and the first half of fiscal year 2011.

Here are some quick facts:

•    As of June 2011, there were 147 official regional centers in the United States and Guam.
•    The number of RC proposal filings approvals is expected to more than double between FY 2010 and FY 2011.
•    In the last 18 months, the USCIS has approved 256 proposals for EB-5 visas.
•    The number of EB-5 visa approvals is expected to break records in FY 2011. In FY 2009, 4,218 visas were approved. In FY 2010, 2,129 visas were approved. In the first half of FY 2011 alone, 2,129 EB-5 visas were approved.
•    There were 1,601 I-526 petitions filed in the first half of FY 2011 and 1,955 entrepreneur petitions by alien entrepreneurs in FY 2010.
•    The average processing time of I-526 petitions is 5.5 months, despite a target processing time of five months.

The EB-5 investment-based immigration visa offers a great opportunity to foreign investors who wish to secure a green card and establish residency in the United States. At the same time, the EB-5 visa program helps to grow the United States workforce and strengthen the economy. If you would like to know more about this green card opportunity, don’t hesitate to download our free EB-5 visa guide or to contact one of our immigration attorneys today.

EB-2 Green Card Overview

Mon, 15 Aug 2011 08:00:00 EST

The EB-2 category is divided into two main sections. The first is intended for persons who are members of professions holding an advanced degree or their equivalent. Alternatively, the EB-2 category is also available to persons who have exceptional ability in the sciences, arts or business and who will substantially benefit the national economy, culture or educational interests, or welfare of the U.S.

Let's take a look at each of the two EB-2 routes that are available to an applicant:

Advanced Degree EB-2 Route: The applicant's position with the U.S. employer must require at least an advanced degree and further the applicant must possess the requisite degree or its equivalent in education and work experience. The educational background requirement is much like the H-1B non-immigrant visa except heightened from a Bachelor degree to at least a post graduate degree or its equivalent.

For the equivalency requirement, the regulations provide that a Bachelors degree (B.A. or B.S.) or its foreign equivalent plus 5 years of progressive post-degree experience in the specialty are equivalent to a Master's degree. As has been clarified by USCIS, progressive experience is defined as "employment experience that reveals progress, moves forward, and advances toward increasingly complex or responsible duties. In short, progressive experience is demonstrated by advancing levels of responsibility and knowledge in the specialty." This can sometimes be proven via detailed letters of previous employment prepared by prior employers.

Exceptional Ability EB-2 Route: the EB-2 visa provides that a person can qualify if they prove a degree a degree of expertise in their field that is significantly above that ordinarily encountered. This language is similar to the EB-1 immigrant visa standards as well as the O-1 non-immigrant visa standards.

To satisfy the EB-2 exceptional ability standard however any of the following three elements must be satisfied. Note that a strong application will attack more than merely Exceptional Ability requires a showing of at least three of the following:

1. Degree relating to area of exceptional ability;
2. Letter from current or former employer showing at least 10 years of experience;
3. License to practice profession;
4. Person has commanded a salary or remuneration demonstrating exceptional ability;
5. Membership in a professional association;
6. Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

Beyond these six options, this EB-2 route also allows for comparable evidence to be submitted if the six categories are inapplicable to the particular profession.

Whichever EB-2 route an applicant chooses, unless a national interested waiver applies (discussed in more detail later), will require a labor certification.

For more information please contact Attorney Hendrik Pretorius or Vaughan de Kirby through out website or telephone.

How EB-5 Investors Are Helping to Rebuild New Orleans While Getting Their Green Cards

Wed, 10 Aug 2011 08:00:00 EST

As I am writing this, it has been nearly 6 years since the devastation of Hurricane Katrina. I am happy to say that New Orleans has miraculously regained much of its former life, and the regional economy is on the rise. But there is an immense amount of work still to be done, and New Orleans is still very much a city in recovery. Further investment is profoundly needed.

After the destruction, the city government of New Orleans knew that, to fully rebuild, every conceivable kind of assistance was needed-including foreign investment. That's why, in May of 2006, the newly founded Mayor's Office of Economic Development began the process of applying to USCIS for regional center status. An important part of this process was finding a private company that-acting in partnership with the city government-could perform all of the operational and financial aspects of New Orleans' EB-5 investment activities: selecting projects, submitting them to USCIS for approval, working with foreign investors, allocating their funds to the various business ventures and helping to ensure that investors' EB-5 petitions were approved. At the end of a competitive bidding process, the city selected a company named NobleOutReach, and awarded it a 30-year exclusive contract. For the EB-5 investor, the climate of new growth in New Orleans offers a unique opportunity not only to get a Green Card, but also contribute to the rebirth of this quintessential American city.

One of the greatest draws of the New Orleans Regional Center is the chance to participate in rebuilding a major city, yielding virtually endless possibilities for exciting new businesses and new industries. No other regional center offers the limitless possibilities of rebuilding a city from the ground up, which is why the NobleOutReach regional center in New Orleans is such a unique opportunity.

New Orleans lies at the intersection of humanitarianism and for-profit ventures, where opportunities for financially successful investment coincide with efforts to help people rebuild their city, and their lives. The road to recovery has been, and continues to be, a long uphill climb. For investors who wish to benefit from the upward momentum of New Orleans' economy, now is a critical time.

If you are ready to speak with an Immigration Attorney about your immigration goals, contact the Law Offices of Vaughan de Kirby at 888-881-2345 or International 415-221-2800. We can also arrange a consultation with our counsel in Beijing. For email inquires please contact Lily@deKirby.net.

The Pros and Cons of Infrastructure-Based Regional Centers for EB-5 Investors

Mon, 01 Aug 2011 08:00:00 EST

As you know, in order to qualify for an EB-5 visa, the investment that you make must be at risk in some way. What you may not know is that these risks are different, depending on which type of regional center you invest in. In general, there are two major types of regional centers: real estate-based and infrastructure-based. Let's take a deeper look at infrastructure-based regional centers.

Most infrastructure-based projects are based around partnerships between businesses or local/state governments. The funds provided by investors are typically used as loans to fund community development. Because they are often loan-based, these types of investment have a set period of repayment, which means that you will know exactly when your investment will be returned, and you won't have to worry about market factors as you might with real estate. Usually the partnerships are dissolved or liquidated as designed by the original contract or exit strategy, so the situation is more predictable than with other types of investment.

Furthermore, increased participation from local government can often mean more oversight of the project. This can be good for investors because it means that there may be committees of officials or agencies who are watching the project to make sure it is being carried out according to plan.

Because this type of project is often loan-based, that means that the investment may have a defined rate of return. This rate of return may be more modest than with other types of investment, but it also means that the investment is more secure than with other types such as real estate. Some EB-5 investors like the security of infrastructure-based investment, which others may want to take on more risk in order to make more profit.
Ultimately, when you make your selection of a regional center, a complex mix of personal preferences and consideration of investment factors will come into play. Remember that, no matter which regional center you invest in, risk is a requirement for EB-5 investment.

If you are ready to speak with an Immigration Attorney about your immigration goals, contact the Law Offices of Vaughan de Kirby at 888-881-2345 or International 415-221-2800. We can also arrange a consultation with our counsel in Beijing. For email inquires please contact Lily@deKirby.net.

The Importance of Investigating EB-5 Regional Centers When You Consider an EB-5 Visa

Mon, 25 Jul 2011 08:00:00 EST

If you are thinking about an EB-5 investor visa, then you should know that one of the most important choices you will make, in terms of the success of your case, is the regional center you choose. That's why I always tell my clients to be thorough in investigating the quality of the regional center they choose, and especially into the track records of the center's management. The leadership of the regional center is one of the most telling indicators of the EB-5 regional center's chances of success.

The USCIS expects nothing less than perfect compliance with the law. For an entity to become a regional center, it must submit a detailed business plan to USCIS in which it proposes new commercial enterprises and investment opportunities. It is then up to USCIS to determine whether the proposed business ventures will contribute to the regional economy and meet all the necessary criteria for awarding EB-5 visas. When a regional center submits a business plan, they are expected to deliver what they have promised. When you file your I-526 petition to obtain your conditional Green Card, in addition to the petition itself, there are two critical pieces of the application. First will be the extensive personal and investment funds documentation that you have compiled. The second critical piece will be provided by the regional center, fully documenting their regional center and their projects. The regional center plays a very important role in your application.

That is why it is so important that you chose your regional center with care. Take a careful look at the financial histories and entrepreneurial track records of the management behind a given regional center. Have they been fiscally prudent? Have they been smart and savvy? Do they have not only a good idea for the project but the experience to make it happen? The best regional centers are run by those who have long histories of excellent results in investment. And a quality regional center can make all the difference in your case.

If you are ready to speak with an Immigration Attorney about your immigration goals, contact the Law Offices of Vaughan de Kirby at 888-881-2345 or International 415-221-2800. We can also arrange a consultation with our counsel in Beijing. For email inquires please contact Lily@deKirby.net.

EB-5 Petitioners from China: Special Challenges and How to Overcome Them

Tue, 05 Jul 2011 08:00:00 EST

In the last decade, a changing Chinese economy has made it possible for an increasing number of Chinese citizens to immigrate to the United States with an EB-5 Visa. While Chinese citizens may face some specific challenges, these can be overcome with guidance from a qualified attorney. Here's a look at what these challenges might be and how to overcome them.

Regulation that requires evidence of the lawful source of capital may pose a challenge for some Chinese investors, because of the differences between Chinese and American tax and financial regulation systems. In addition, tracing the path of funds may be further complicated by the Chinese government's currency restrictions. Remittance of currency is limited to $50,000 per individual per year, which may require that family and friends participate in order to achieve the remittance. This has been accepted practice, if it is fully documented. In general, hiring an attorney who is experienced in working with Chinese petitioners is the best way to overcome the roadblocks that may arise as a result of the disparities between American and Chinese legal and financial systems. You can also help your case by communicating as much as possible with your attorney, which will give your attorney the information he or she needs to anticipate any problems that may come up.

Chinese citizens who are interested in an EB-5 visa should also be aware of the regulations regarding the admission of former members of the Communist Party. This is something that should be thoroughly discussed with your attorney at the very beginning of your case.

Finally, there have been some reports in China of bad practice on the part of some agents from regional centers, who have made promises to Chinese investors that were unethical. When you begin to research regional centers, be wary of any representatives or agents who make claims that seem too good to be true-they probably are!

The best thing that you can do to overcome the challenges faced by Chinese investors is to communicate with your attorney and become fully engaged in your case. Becoming an active participant in the application process is the most effective way to help your chances of a successful EB-5 petition.

How to Prove You Have Extraordinary Ability in Business for the O-1 Visa

Tue, 05 Jul 2011 08:00:00 EST

For persons of extraordinary ability in the field of business, the O-1 Visa provides a way for established foreigners to bring their talents and abilities to markets in the U.S. It is a useful option to gain temporary admission to the United States to perform services or participate in events. Applicants who have extraordinary abilities in business and can demonstrate a record of achievement, may wish to consider the O-1 visa. If you are a person of extraordinary ability, and you are working with a company or organization that will petition on your behalf, the O-1 may be a viable option for you.

One consideration to keep in mind is that being a person of extraordinary ability and proving that you are such a person are two different things. If you are a person of great achievement and high ability in the world of business, you are probably used to proving yourself, as you have already moved to the top of your field. That being said, proving your extraordinary ability to the USCIS is no easy feat.

Here's what you will need to prove your extraordinary achievement and/or abilities:

For the fields of business or the sciences: You may provide evidence that you are the winner of an internationally-recognized award, such as a Nobel Prize, or by demonstrating at least three of the following:

• Internationally or nationally known prizes or awards
• Published materials about you and your work
• Membership in an association(s) that require high achievement for admission
• Original, significant contributions in your field
• Authorship of scholarly articles in professional journals or other major media
• High salary or compensation
• Participation as a judge or panel member for colleagues' work
• Employment with highly reputable institutions or organizations

This list, of course is not meant to be exhaustive; these are general guidelines. If these standards do not apply to your occupation, you may select and submit comparable evidence instead. A thorough immigration attorney, like those at the Law Offices of Vaughan de Kirby, can help you navigate the O-1 application process. The USCIS is notoriously selective about the O-1 visa, so you will want someone on your side who knows the law, and can help you file the most comprehensive and complete application possible.

If you are ready to speak with an Immigration Attorney about your immigration goals, contact the Law Offices of Vaughan de Kirby at 888-881-2345 or International 415-221-2800. We can also arrange a consultation with our counsel in Beijing. For email inquires please contact Lily@deKirby.net.

Investing in an EB-5 Regional Center: A Brief Overview

Tue, 05 Jul 2011 08:00:00 EST

One of my goals as an immigration attorney is to help my clients make feel confident to navigate the often confusing path to a Green Card. Although the path to a Green Card is much more straightforward with the EB-5 visa program, it is still important to know what to expect. Once you have chosen an EB-5 regional center you want to invest in, here's what to expect next in the process of registering and investing in the regional center.

Usually, the first thing you will do is fill out questionnaires provided by the center for you to complete. These questionnaires help the regional center determine that you are a viable investor, and help you make sure that you won't face any obstacles later on in the process. Next, you will sign confidentiality documents that protect the your information and the regional center's, and then provide documentation that shows you are able to travel, such as a valid passport. Finally, the regional center will provide you with a formal investment proposal detailing your agreement. Should you decide to invest, you will return the signed agreement along with any required fees.

Now that you have agreed to invest, the regional center will send documentation to your attorney, so that he or she can complete the I-526 petition. After preparing the forms and getting the right documents, your attorney will have you sign the appropriate forms, and will submit your petition materials to the USCIS for processing.

Next, you will wait for the USCIS to process your petition. If your petition is approved by the USCIS, your funds will be released from escrow and unconditionally invested in the partnership, and you will receive your visa! If, in the unlikely happenstance that your application is not approved, your investment funds will be returned to you.

As you can see, the regional center plays an important role all the way through the EB-5 process. It's my hope that this article has given you a greater sense of what to expect from your regional center, and what will be expected of you. This knowledge gives you the confidence to help the EB-5 application process go as smoothly as possible.

Introducing the O-1 Visa: A Path to a Green Card for Scientists or Researchers

Tue, 05 Jul 2011 08:00:00 EST

Are you a scientist or researcher with a track record of success, either abroad or in the United States? Are you looking for a path to a visa and a path to a Permanent Resident Green Card? If so, you should speak to an immigration attorney about the O-1 Visa.

In its essence, the O-1 Visa is meant for individuals with extraordinary ability who have found an employer or organization willing to apply on the individual's behalf. You're probably wondering what amounts to "extraordinary ability." The O-1 Visa category specifically targets those who have demonstrated considerable talent in certain fields. These fields include the arts, sciences, education, business, athletics, or the motion picture industry.

The O-1 isn't the only visa type that is meant for individuals of extraordinary ability. The EB-1 and EB-2 also fall into this general category. Without going into too much detail, let's briefly discuss the differences between these and the O-1. That way, we will have a clear understanding of what makes the O-1 unique.

In my mind, the key difference (apart from the O visa being a non-immigrant visa and the EB categories being applications for permanent residency) has to do with who can actually petition (that is, apply) for the visa. For the EB-1 and EB-2, the extraordinaryindividual can actually apply on his or her own behalf. This is known as "self-petitioning." However, self-petitioning is not permitted under the O-1. As an applicant, you must find an employer or organization-some legal entity-to apply on your behalf.

If you are someone that the USCIS would even consider granting an O-1 Visa, I offer my congratulations. With your intelligence and abilities, you would be an asset to this country.

Call our offices directly at 415-221-2345 today to speak with our immigration lawyers or complete the contact page and we will get back to you shortly.

What's the Easiest Route to a Green Card? Comparing the Extraordinary/Exceptional Ability Visas and the EB5 Visa

Tue, 28 Jun 2011 08:00:00 EST

Making sense of U.S. immigration policy is not easy, which is why my goal is to compare the different options available and explain why I believe that the EB5 program may be the easiest route to getting a Green Card for you and your family. Here, I will be comparing the Extraordinary/Exceptional Ability Visas and the EB5 Visa.

If you are a person of "extraordinary" or "exceptional" ability, then the EB-1 or EB-2 visa may provide you with a direct path to a Green Card. However, being a person of extraordinary ability, on the one hand, and successfully convincing USCIS of this fact, on the other, are two very different things. Both visas require considerable documentation and involve an unreliable and strict application process, and applicants often wait for years for residency status. The bottom line is that it's a rare person who qualifies for these visas, but if you are such a person, the EB-1 or EB-2 visa may be right for you.

On the other hand, if you are prepared to invest $500,000 in the U.S. economy, it is very likely that the EB5 visa represents the easiest route to a Green Card for you and your family. With few exceptions, this is the only path to a Green Card that is direct and guaranteed, as long as you are able to make the necessary investment and meet certain basic requirements. And the benefits are unrestricted: the successful EB5 applicant and his or her family are immediately able to live, work and go to school in the United States, unlike the E-1 and E-2 visas. After 21 months, the applicant can petition the government to make the Green Cards permanent. And after 5 years, the investor and the investor's family qualify for naturalization as full American citizens. Which is why the EB5 visa may be the easiest route to a Green Card for you and your family.

The First Five Steps of the EB-5 Application Process

Tue, 28 Jun 2011 08:00:00 EST

Let's take a look at the first five steps in the EB-5 application process.

Step 1: Consult with the Law Offices of Vaughan de Kirby
The EB-5 program is complex, and requires an attorney with expertise and experience. My firm is committed to helping clients make well-informed decisions that help them reach their goals. During this free consultation, we will explore whether the EB-5 visa is the best choice for you and your family.

Step 2: Fill Out Qualifying Questionnaire
Once you have decided that you would like to pursue an investment in the U.S. and an EB-5 visa, our firm will work with you to fill out the investor questionnaire for the regional center you have chosen. This questionnaire determines that you are a qualified investor.

Step 3: Retain the Services of the Law Offices of Vaughan de Kirby
The retainer agreement authorizes us, on your behalf, to ask the regional center for comprehensive financial materials for evaluation by you and your financial advisor. There is no fee at this point-my firm does not charge a fee until you make your investment in the regional center.

Step 4: Sign a Nondisclosure Agreement
This document protects your privacy and the privacy of the regional center. The regional center agrees not to disclose any of your personal information, and you agree not to share any private financial information about the regional center to anyone other than immediate family and your financial adviser.

Step 5: Evaluate the Documents Provided by the Regional Center with Your Financial Advisor
As your attorneys, we cannot act as your financial advisors. An EB-5 investment in a regional center is significant, and you should be sure it is the right decision. If you and your advisor should decide that you would like to make an investment in the U.S., my firm will be ready to help you obtain your EB-5 Green Card. Should you decide the investment is not right for you, my firm will charge NO FEE.

If you decide to continue, you can begin making your investment and complete the final steps in the EB-5 application process.

The Final Steps in the EB-5 Application Process

Tue, 28 Jun 2011 08:00:00 EST

Once you have completed the first five steps of the EB-5 application process, you are ready to make your investment and complete the steps towards obtaining your unconditional Green Card.

Step 6: Transfer the Funds to the Regional Center Escrow Accounts
Placing your investments with a third party banking institution allows them to hold your funds until the application is approved. In the very unlikely case that your application is denied, all your money is returned to you.

Step 7: Gather Documentation of the Source of Investment Funds
My firm will help you compile the necessary documentation to fulfill the government requirement that your funds be traceable to a lawful source.

Step 8: Gather Personal Information and Documentation
The U.S. government wants to be sure that you are who you say you are, and we will help you identify the documentation needed.

Step 9: The Law Offices of Vaughan de Kirby Files an I-526 Petition
Along with the I-526 Petition for Work Alien Entrepreneur, we will submit to USCIS your compiled personal and financial documentation and documentation from your chosen regional center.

Step 10: Obtain Your Conditional Green Card
The only condition of this Green Card is that your investment remain intact for two years. There are no restrictions on where you and your family live, work, or go to school in the U.S.

Step 11: The Law Offices of Vaughan de Kirby Files an I-829 Petition to Remove the Restrictions on your Conditional Green Card.
After 21 months, my firm will begin the process of filing an I-829 petition to replace your Conditional Green Card with an unrestricted, Permanent Resident Green Card. We will file an I-829 on your behalf prior to the expiration of 24 months (2 years). Once USCIS has approved the petition, you will be granted an unconditional Green Card, allowing you and your family to live in the United States indefinitely.

Step 12: Become an American Citizen
If you wish, you and your family will have the option to become Naturalized Citizens of the United States after you have held your Green Cards for a period of five years. If this is your goal, my firm will be ready at this five-year juncture to help you with the Naturalization process.

A Brief History of the EB-5 Investor Visa Program

Tue, 28 Jun 2011 08:00:00 EST

Today, the EB-5 program is a phenomenal opportunity, but it wasn't always that way. I hope that learning a bit about the history of the EB-5 visa will help you appreciate what a fantastic opportunity the current program truly is.

In an effort to attract foreign investment in the economy, the United States Congress created the original EB-5 visa program in 1990, which set aside 10,000 new EB-5 visas per year. The original program required a 1 million dollar investment in a new commercial enterprise in the U.S. However, the program also allowed the amount of the investment to be reduced to $500,000 if it was made in a "targeted employment area," where unemployment was especially high.

However, there were primary requirements to qualify for a visa which were seemingly insurmountable. Investors had to create a "new commercial enterprise," meaning an entirely new business, that would directly create 10 new full-time jobs, not including those for the investor or the investor's family. The investor was required to be an active manager of the business, which would necessitate living in the location of the business. The new enterprise was required to "benefit the U.S. economy" (above and beyond the investment of capital itself), but exactly what a "benefit" should be was not defined. Finally, the "at-risk" condition required that the investor could only apply for a visa after the funds had been invested-meaning that it was quite possible that the business would fail, and the visa application would be denied. When faced with the prospect of losing their entire investment, and with nothing to show for it, many investors understandably decided to pursue a different route to U.S. residency.

Fortunately, the story of the EB-5 investor visa program does not end here. Today, the EB-5 investor visa program is a real incentive to invest in the United States, one that offers a secure and flexible path to a Permanent Resident Green Card for the investor and his or her family.

CMB President on Why He Created an EB-5 Regional Center in California

Tue, 28 Jun 2011 08:00:00 EST

I recently spoke with Patrick Hogan, President, CEO and Managing Member of CMB Export, California's regional center. Mr. Hogan was kind enough to sit down with me to talk about how CMB began and why California was the perfect place for CMB to start providing opportunities for EB-5 investors.

Vaughan: What gave you the idea of creating a regional center in California?

Patrick: The idea of creating a regional center in California was born from several basic concepts.

Even though a EB-5 investor can live anywhere in the U.S., regardless of where they invest, I wanted it to be in a region of the country that was considered a "destination"-in other words, a place people would know about and want to relocate to.

I wanted a project the government would want to say yes to. It is important to have all levels of government wanting to assist your business enterprise. The local, county, state and federal governments were involved with the closed military bases of California. All levels of government wanted to see the former military bases acclimated and integrated back into the communities.

The former military bases were fertile ground for private development. They had airport runways, buildings, and other assets that were easily converted to civilian use. Because of the closure of the bases, there would be high unemployment. I felt businesses would want to come, invest and take advantage of the existing assets and thus create jobs.

Each former military base had governmental bodies charged with the re-use of the property. They routinely reported on their efforts to attract development and create jobs. I felt a public-private partnership with CMB could be established whereby the common goal of creating jobs would bind us together.

I felt investing with those government agencies or master base developers would be a relatively "safe" investment in that they had the power of bonding, tax increment revenues, outright state and federal grants, as well as other income sources to pay our investors back. This strategy has resulted in a relatively safe investment that meets the "at risk" requirement of the EB-5 program with the USCIS.

All of the above were thoughts that went into building the structure of CMB.

Why CMB is a Great Opportunity for Getting a Green Card Through Investment

Tue, 28 Jun 2011 08:00:00 EST

In a recent interview, Patrick Hogan, President and Managing Member of CMB Export, explained how California's regional center is a great investment for those interested in getting a Green Card through investment.

VAUGHAN: How do you feel CMB is different than other regional centers?

PATRICK: CMB, I believe, is structured for the safety of its investors. Investors know going in that they are not promised big investment returns. Our approach is to actually do what the law intends and requires. Our communities need this investment. The EB-5 law was designed to increase regional productivity. The sheer size of these former bases as well as their impact on the communities affects regional productivity. We at CMB feel we are doing "good work." The communities are benefiting, jobs are created, and our investors get their permanent visa. It is a win-win for all and it is within the spirit and intent of the law. We don't wish to criticize any other regional center. The potential investor should do their homework and ask many questions. We as individuals have been told many times do not believe everything you read. As investors, we should ask and demand answers.

VAUGHAN: What do you think attracts investors to CMB?

PATRICK: CMB is a very simple plan that is easy to understand. From the investor's perspective, there is less to go wrong. It complies with the law and it is doing good work within the various communities. I believe there are many reasons to choose CMB. Most importantly, I believe that, in today's economic climate, it is the regional center most likely to achieve the goals of the EB-5 investor: the receipt of both their permanent visa and the return of their original investment.

The Process of Getting Your Green Card Through Investment

Tue, 28 Jun 2011 08:00:00 EST

Interested in getting your Green Card through investment, but not sure how the process works? Patrick Hogan, President of California's regional center, CMB Export, spoke with me recently about the process of investing in CMB.

VAUGHAN: Let's say a person decides to invest in CMB. How does the process work?

PATRICK: One of the first things the individual would want to do is to engage the services of a qualified immigration attorney. They would then want to conduct a thorough review of the investment documents, consisting of our Limited Partnership Agreement, Subscription Agreement, Escrow Agreement, and Confidential Private Placement Memorandum. They would also want to get input regarding any financial or tax consequences of an EB-5 investment. Once the individual has determined that an EB-5 investment with CMB is the way they wish to proceed, the investment documents would be executed and the subscription amount would be transferred to our secure escrow account.

VAUGHAN: CMB offers to hold its investors' funds in escrow until their application is approved. How does that work exactly?

PATRICK: CMB uses an escrow account to hold the client's funds pending the approval of the I-526 petition. Funds held in escrow in the United States are done so through the trust division of the bank. This way they never become the asset of the bank and would be secure if the bank had problems. Additionally, each investor's funds are placed in short term investment instruments backed by government securities. This provides an additional level of protection to our investors. We would be happy to discuss the steps we have taken to protect the funds of the individual investor with them personally. Each investment is a substantial amount of money and we have gone to great lengths to protect these funds while they are being held in escrow.

The funds of each investor are held until proof of an approved I-526 petition is provided to the bank. Our escrow agreement provides for the return of all monies, including any accrued interest, in the unlikely event of an I-526 denial. I say unlikely because our investors have a 100% approval rating on their I-526 petitions. Once in escrow, CMB has absolutely no access to the funds until an approved I-526 is obtained.

The EB5 Investment Visa's Straightforward Application Process

Tue, 28 Jun 2011 08:00:00 EST

Clients often ask me how they will know whether their EB5 investment visa application will be approved. I tell them that the beauty of the EB5 program is that it eliminates all the guesswork of other paths to immigration, because all you have to do is fulfill the requirements.

Your regional center will help you satisfy some of the most important requirements, which is why choosing the right regional center is of utmost importance. In applying for a regional center status, many of the requirements have been documented for you. The law requires that you make a $500,000 investment in a business that benefits the US economy and creates 10 jobs, but the regional center program ensures these requirements are already satisfied. The regional center will also satisfy the "active management" condition, because the investor is made a limited partner in the regional center. This is largely symbolic, but enough to show involvement. Investing in the right regional center can also help you satisfy the "at-risk" condition, because some centers offer an arrangement in which the funds can be held in escrow. If the application is approved, the funds will then be transferred to the regional center's accounts, but if the application is denied, the funds will be returned to the investor. This protects your assets while satisfying the requirement.

The next requirements will be sure to be satisfied if you choose your attorney wisely. The thorough attorney, like those at the Law Offices of Vaughan de Kirby, will help you gather the exhaustive evidence you will need to prove both your personal identity and the legal source of the funds you are investing. After you have compiled the documentation you will need and transfer your funds to an escrow account to be invested in the regional center of your choice, your attorney can file the I-526 petition for Work Alien Entrepreneur with the USCIS. You will then be granted your conditional Green Card, the only condition of which is that your investment in the regional center remain intact for two years. After 21 months, your attorney will file an I-829 petition to replace the conditional Green Card with a Permanent Resident Green Card. Once approved, you are allowed to live in the United States indefinitely and even become a Naturalized Citizen if you want!

How to Get Your Green Card as Quickly as Possible with an EB-5 Visa

Tue, 28 Jun 2011 08:00:00 EST

Many of my prospective clients want to know how long it will take to get their Green Cards with an EB-5 visa. Although I can't guarantee a specific timeline, I can tell you what to expect generally, and how you can help avoid extending your waiting time.

First, you will select a regional center, which can take some time. Next, you will invest in the regional center of your choice, and this process is fairly brief-about two to eight weeks.

After that, your attorney will submit your I-529 petition to the USCIS. Processing time for these petitions has recently gone down, and now the waiting time can be as little as three months or less. When the petition is approved, your attorney will file an application for adjustment of status, which takes six to twelve months, or an application for consular processing of your visa, which takes two to six months. All told, this brings your total estimate to six and fifteen months.

I'm afraid that you are at the mercy of the USCIS's schedule, which means that it is not easy to reduce your wait time. You can, however, prevent bumps along the road, which will make the ride to your Green Card go a lot smoother-and hopefully faster.

The right attorney will help you by choosing the right documentation to submit, and organizing your application so that the examiner will understand it. This includes both identifying your documents and indicating their various purposes, and translating any documents that are not in English.

Choosing the right regional center will also shorten your wait. You want a regional center that is compliant with USCIS requirements, and has a proven track record of success. When you are researching centers with your advisor, find out what which centers offer efficient processing of I-526 petitions with the USCIS.

As you can see, you can help speed up your application process by making the right choice of attorney and regional center. In general, preparation is key-and you are already preparing yourself just by reading this article.

How the Pilot Program Improved the EB-5 Program

Tue, 28 Jun 2011 08:00:00 EST

The latest version of the EB-5 program-usually called the "pilot" or "regional center" program-is the phenomenal opportunity that the first EB-5 visa should have been all along. The pilot program was created as an attempt to correct the many flaws of the original EB-5 visa. It didn't take long for U.S. lawmakers to catch on to the fact that far fewer investors were applying for a visa that they had anticipated. Realizing that program's burdensome requirements and complicated application process were responsible for turning investors away, Congress initiated a temporary "pilot program" in 1993, experimenting with a completely different vision of the visa application process.

The pilot program set aside 5,000 "regional center" visas a year-half of the 10,000 total EB-5 visas available annually. Put simply, a regional center is an entity that USCIS has given permission to attract foreign investors under the EB-5 pilot program. Any number of entities can be given regional center status, including a city government or a private company. In fact, a business development company will often collaborate with a city government in applying to USCIS, in order to establish the area as a regional center. This means that, if you invest in a regional center, the business enterprise that you invest in has already been approved! Once a business developer becomes a regional center, USCIS has already determined that the commercial enterprise meets all the major requirements! While applying for an EB-5 visa still requires substantial documentation from the investor-and although there are never any guarantees-this fact about the pilot program dramatically reduces the amount of work, not to mention the risk, involved in obtaining a visa.

And that's not all. The pilot program has made the five major requirements of the original EB-5 visa far easier to satisfy, and has shifted the burden from the investor to the regional center.

I believe the EB-5 visa is called an "investor visa" for a reason. Investors who apply for an EB-5 visa should be allowed to be just that: investors. EB-5 applicants should not be forced to also be business developers, entrepreneurs, and business managers. I believe that investing $500,000 in the U.S. economy earns you and your family the right to enjoy all the benefits of living and working in America. And this idea, it seems to me, is at the heart of the regional center program.

Comparing the F-1 Student Visa and the EB5 Visa Program

Tue, 28 Jun 2011 08:00:00 EST

Making sense of U.S. immigration policy is not easy, which is why my goal is to compare the different options available and explain why I believe that the EB5 program is the most direct path to getting a Green Card. In this blog, I will be comparing the EB5 program and the F-1 student visa. Even though the F-1 Student Visa does not offer a path to a Green Card, many clients' primary goal is to send their child to study in the United States, and this may be your goal as well.

The F-1 visa is well suited for a student whose sole intention is to obtain a degree from an American university. The unfortunate aspect of the F-1 visa is that it provides no path to a Green Card, which deprives the student of lower tuition rates and the right to hold a job. The bottom line is that if a Green Card is your goal, the F-1 visa will not provide you with a direct route, and you'll have to pay considerably higher tuition along the way.

If you wish to obtain a Green Card, I strongly recommend that you find a qualified immigration attorney to help you make the best-informed decision possible. That being said, if you are prepared to invest $500,000 in the U.S. economy, it is very likely that the EB5 visa represents the best possible path to a Green Card for you and your family. With few exceptions, this is the only path to a Green Card that is direct and guaranteed, as long as you are able to make the necessary investment and meet certain basic requirements. And the benefits are unrestricted: the successful EB5 visa applicant and his or her family are immediately able to live, work and go to school in the United States. After 21 months, the applicant can petition the government to make the Green Cards permanent. And after 5 years, the investor and the investor's family qualify for naturalization as full American citizens. This is what makes the EB5 visa a great option for families.

What's The Quickest Way to Get a Green Card?

Tue, 28 Jun 2011 08:00:00 EST

One of my primary goals as an immigration attorney is to help my clients educate themselves about their options, so that they can make the best decision possible for themselves and their families. Often clients ask me, "What's the quickest way to get a Green Card?" In comparing the different routes to a Green Card, I believe that the EB5 visa program is the most direct path to getting a Green Card. The other options include having a client on a non-immigrant working visa such as an H-1B and then later applying for a green card through one of the other employment based (EB) cateogries. Let's take a look at how the EB5 program compares to another visa program: the H-1B Visa.

The H-1B visa can be an initial step toward a Green Card and allow you to temporarily work for your H-1B employer on your way to this goal. The idea behind this visa is to allow an American employer to sponsor a foreign worker, who can legally immigrate the United States to fill an employment position that requires special skills or knowledge-a job for which the employer is unable to find a qualified American citizen.

The problem is, the H-1B has limited availability, is employment dependent, and has a duration of only six years. Obtaining a Green Card through an H-1B visa requires, at a minimum, a successful Labor Certification. The Labor Certification process is complicated and uncertain, and requires the cooperation of your employer.

The bottom line is that the H-1B is not a recommended path to a Green Card if another viable option exists. If you are prepared to invest $500,000 in the U.S. economy, it is very likely that the EB5 visa represents the best possible path to a Green Card for you and your family. With few exceptions, this is the only path to a Green Card that is direct and guaranteed, as long as you are able to make the necessary investment and meet certain basic requirements.

Comparing the EB-5 Visa Program and the L-1 Visa Program

Tue, 28 Jun 2011 08:00:00 EST

Unlike most other immigration programs, the EB-5 visa program is direct and guaranteed. If you are prepared to invest $500,000 in the U.S. economy, it is very likely that the EB-5 visa represents the best possible path to a Green Card for you and your family.

Let's compare the EB-5 investor visa to another type of visa program: The L-1 Intra-company Transferee Visa. The L-1 is designed to allow a company doing business in China to open or acquire an American subsidiary and transfer two key employees to operate and manage the business. These two employees, if they qualify, can obtain L-1 visas. With proper planning-and if the business succeeds-the American subsidiary of the Chinese parent company can serve as the source of a Green Card for the designated executive or manager.

Advantages: If a Green Card is your goal, the L-1 is certainly a viable alternative if you are is unwilling or unable to make the investment required by the EB-5 program. The L-1 is ideally suited for an executive or owner of a Chinese company who wishes to open a U.S. subsidiary and transfer a key executive/managerial employee to establish and manage the U.S. subsidiary.

Disadvantages: As I always warn L-1 clients, the visa is granted and extended based entirely on the success or potential success of the United States subsidiary. Should your business not perform as anticipated, the L-1 could be lost, along with any potential path to a Green Card.

Bottom line: If you're not interested in having your legal residency depend on the success of your business, you should probably choose a different route, such as the EB-5 Investor Visa. With few exceptions, this is the only path to a Green Card that is direct and guaranteed, as long as you are able to make the necessary investment and meet certain basic requirements. And the benefits are unrestricted: the successful EB-5 applicant and his or her family are immediately able to live, work and go to school in the United States. After 21 months, the applicant can petition the government to make the Green Cards permanent. And after 5 years, the investor and the investor's family qualify for naturalization as full American citizens.

If you wish to obtain a Green Card, I strongly recommend that you find a qualified immigration attorney to help you make the best-informed decision possible.

Immigration Attorney Explains: What is a Regional Center?

Tue, 28 Jun 2011 08:00:00 EST

One of the most important parts of my job as an immigration attorney is educating my clients about the different paths to a Green Card. The EB-5 program is one of the most direct routes to a Green Card, now that the regional center or "pilot" program has made it into a phenomenal opportunity. To qualify for a visa under the pilot program, an applicant must invest $500,000 in an area or business venture that USCIS has awarded the status of "designated regional center."

So what is a regional center, you might ask? Put simply, a regional center is an entity that USCIS has given permission to attract foreign investors under the EB-5 pilot program. Any number of entities can be given regional center status, including a city government or a private company. In fact, a business development company will often collaborate with a city government in applying to USCIS, in order to establish the area as a regional center.

For an entity to become a regional center, it must submit a detailed business plan to USCIS in which it proposes new commercial enterprises and investment opportunities. It is then up to USCIS to determine whether the proposed business ventures will contribute to the regional economy and meet all the necessary criteria for awarding EB-5 visas. If the application is approved, the business developer can form a limited partnership or corporation, and can begin attracting foreign investors.

This means that, if you invest in a regional center, the business enterprise that you invest in has already been approved! Once a business developer becomes a regional center, USCIS has already determined that the commercial enterprise meets all the major requirements! It is as if the business developer has submitted your application for you, before you have even made an investment. While applying for an EB-5 visa still requires substantial documentation from the investor-and although there are never any guarantees-this fact about the pilot program dramatically reduces the amount of work, not to mention the risk, involved in obtaining a visa.

Learn More About the EB-5 Visa Program

Tue, 28 Jun 2011 08:00:00 EST

Unlike many other U.S. immigration policies, the EB-5 visa program is straightforward: foreign investors who make a significant investment in the U.S. economy are given immigration benefits. I am enthusiastic about this program because it makes sense-and it works!

The EB-5 program creates wealth and opportunity for both foreign investors and American citizens. The investments create real jobs for American people and revitalize the economies of struggling areas in the U.S. And, the lives of the investors are changed by the immigration benefits that allow them to live and work in the United States.

The EB-5 program also deepens the connection between the United States and the rest of the world. The ever-growing interconnectedness of our world means that we are increasingly benefitted by cooperation and interdependence. Cooperation between the world's most powerful nations will lead to increased prosperity and opportunity all over the globe.

As an immigration attorney who has been practicing law for almost 30 years, I have devoted my career to helping others achieve a better life. I believe that the EB-5 visa program can make many people's hopes and dreams a reality. It is my hope that by reading this article, you are taking the first step towards greater wealth and opportunity for you and your family. I urge you to keep learning more.

Making Use of Educational Opportunities in the US Through Investment Immigration

Tue, 28 Jun 2011 08:00:00 EST

As a parent myself, I know that every parent wants quality education for their children. Indeed, many parents dream of immigrating to the United States so that their children can have the opportunity to attend schools in the U.S. One of the most beneficial aspects of investment immigration with the EB5 pilot program is that once you have your Green Card, you are free to reside wherever you wish, giving you and your family the chance to take advantage of the schools of your choice. The freedom that the EB5 pilot program provides is extremely valuable, not only for the opportunities it can provide to your children, but also in terms of the money it can save you.

All children in the United States are entitled to a free public education, including a primary and secondary education. Public education typically starts with kindergarten, at age five, but many children in the U.S. attend "preschool" before this, at tuition-based schools. Secondary education usually continues up to grade twelve, or about age eighteen.

Once a student has completed this basic education, he or she can choose to enter the job market or continue with further education at a college or university. At this point, education is not free-there are tuition and fee costs at both public and private schools. However, residency in a particular state makes attending the public school much less expensive. This makes the freedom that immigration investment provides-to move wherever you wish in the United States-even more valuable. For example, should your child choose to attend one of the prestigious University of California schools, or another of the many colleges in the state, establishing residency in California could save you thousands of dollars.

Under the original EB5 program, immigrant investors were required to be active managers of the businesses they invested in, which meant that often, they were required to live in economically depressed or rural areas, far from where they had originally imagined themselves living in the U.S. Through the new pilot program, some regional centers are able to offer investors limited partnership, which fulfills the active management requirement, but does not require that investors live nearby the regional center. This new arrangement offers quite a few benefits, but to me, the most valuable is the freedom to choose a location that can offer your child the best education available.

The EB-5 Investor Visa Offers a Chance to Live in Beautiful California

Tue, 21 Jun 2011 08:00:00 EST

It's safe to say that there is no place in the world, and certainly no state in America, quite like California-the "Golden State," as it's known. In my mind, what sets California apart is its incredible diversity in virtually all aspects-geography, climate, economy, and population.
For one, there is no such thing as an "average Californian." The most populous state in the nation, California also has more non-white residents than any other state-21 percent of the country's total minority population.

California also boasts some of the most prestigious colleges and universities in the world, including Stanford, UC Berkeley, UC San Diego, UCLA and others. There's also far more to choose from: nearly 400 colleges, the most of any state.

In their diversity, California's climate and geography parallel its population. From the deserts in the South and the snowy mountain ranges in the East to the forests in the North, California includes an amazing array of climate types and geographical features. California is also one of only a small handful of places in the world that have a Mediterranean climate, similar to those countries on the coast of the Mediterranean Sea.

California has an enormously productive and diverse economy. The state is one of the nation's leaders in agriculture, producing more fruits, vegetables and dairy than any other state. California is also known for its wine, which rivals that of Spain, Italy and France in both volume and quality. Of course, it is also the home of Hollywood, the world's epicenter of film and television. And the high tech "Silicon Valley," located in Southern California, is the nation's leading producer of computer hardware and software.

For all its richness, it's no wonder that aspiring immigrants to the United States regard California as one of the most desirable places to live. The EB-5 investor visa offers an opportunity to live in this great state.

How California's Closed Military Bases Created Opportunity for EB-5 Investment Immigration

Tue, 21 Jun 2011 08:00:00 EST

For all its richness, it's no wonder that aspiring immigrants to the United States regard California as one of the most desirable places to live. Yet, as prosperous as California is, times haven't always been easy. Due in part to its size and coastal location, California hosts more military bases and personnel than any U.S. state. Entire communities, containing hundreds of thousands of people-civilian and military alike-center on these bases, without which they could easily collapse. That's why California had so much to lose when, in 1988-based on the need to reduce government spending and make the military leaner and more efficient-the U.S.
Department of Defense began the process of Base Realignment and Closure (BRAC). Following an investigation, the Department of Defense planned to release a list of military bases to be closed or "realigned," meaning that they would be adapted to different purpose. Of all the bases selected for closure in the United States, 25% were in California. In fact, California's loss of jobs and revenue was greater than all other states put together. Twenty-nine major bases were forced to close, taking with them more than 187,000 jobs and an estimated $9.6 billion in annual revenue.

Wave after wave of closures were economically disastrous for some parts of California, and negatively impacted the state's overall economy. California was forced to begin the slow and expensive process of converting each of its closed bases to new uses, hoping to breathe life into the communities that found themselves without their single greatest source of social, cultural and economic support.

The heart of any EB-5 regional center is a need for investment, and the BRAC process created a profound need for investment in and around California's closed military bases. That's why, in 1997, Patrick F. Hogan-a highly successful investor, business manager, and entrepreneur with over 30 years of experience-founded CMB Export LLC with the goal of attracting foreign investment under the EB-5 program. CMB, which stands for " California Military Bases," was awarded Regional Center status in early 1997, which was reaffirmed ten years later in 2007. Patrick explains, "The former military bases were fertile ground for private development. I felt businesses would want to come, invest and take advantage of the existing assets and thus create jobs." CMB fills in the gap in California's economy left by the closure of military bases, while also offering a safe investment for those looking for an EB-5 visa, in one of the most beautiful states in the nation.

How to Document the Source of Funds for Your EB-5 Visa Application

Tue, 21 Jun 2011 08:00:00 EST

Completing a successful EB-5 visa application is no easy feat; merely compiling all the documentation you will need can be a challenge. That's why you need an attorney who can help you with all the steps along the way. One particularly challenging step is documentation of the source of your funds, which the government requires to verify that your funds come from a lawful source. Below is our initial guide to the documentation we recommend you provide, depending on your source of funds.

FUNDS FROM BUSINESS:
If you acquired the funds through business, you should provide the following documentation in order to prove that the money was lawfully acquired.
1. Tax Returns for the last three to five years.
2. Accountant's Audit of business financials specifically verifying source of funds.
3. Bank Statements from where the funds were on deposit.
4. Copy of Business License
5. Photos of place of business
6. Copies of other business documentation if available:
a. Brochures
b. Product or Service lists
c. Business cards
d. Municipal Permits or License

FUNDS FROM STOCK MARKET PROFITS
Alternatively, if you acquired the funds through stock market investments, you should provide the following documentation.
1. Brokerage Account Statements.
2. Evidence as to where the original stock market investment funds originated with similar documentation as outlined in other sources of funds.

FUNDS FROM SALE OF REAL ESTATE:
Likewise, if you acquired the funds the sale of real estate:
1. Evidence of ownership rights.
2. Contract of Sale - ownership rights transfer
3. Verification that sale proceeds were deposited into a bank account demonstrating source of funds.
4. Verification by accounting firm that Client possessed ownership rights to the property sold.

FUNDS FROM GIFT:
And, finally, if you received the funds as a gift:
1. Affidavit from person giving gift stating the funds are a gift. We will assist you in writing this Affidavit.
2. Complete documentation consistent with source of gifted funds as outlined in other sources of funds.

How to Prove Your Identity When Applying for an EB-5 Visa

Tue, 21 Jun 2011 08:00:00 EST

Although the EB-5 visa program is in many ways set apart from other paths to a Green Card because it offers such a clear and direct route, the documentation you will need is extensive, as it is with any immigration path. The United States immigration agency, USCIS, is looking for as much information about you and your family as it can possibly get, in order to prove that you are who you say you are. The following is a list of recommended documentation you will provide with your application.

1. Names and Addresses (for the last 5 years) of the applicant, spouse, and children.
2. Any aliases (other names used) of the applicant, spouse, and children.
3. Copy of Passport for applicant, spouse, and children.
4. Birth certificates (translated into English) for the applicant, spouse, and children.
5. Educational Certificates where applicable.
6. Copy of College Degree if it would assist in identification.
7. Copy of applicant's Marriage Certificate.
8. Do you have more than one wife? If so, my firm needs to know this information.
9. Copy of applicant's Divorce Certificate, if applicable.
10. Copy of Household Registry.
11. Town of birth for applicant, spouse, and children.
12. Name and occupation of the father and mother of the applicant.
13. Communist Party membership: We will assist you in writing your affidavit that explains the nature of your membership.
14. Court records of any criminal convictions (either in U.S. or abroad): My firm needs to know this information in order to determine if you are still eligible for an EB-5 visa. Even if there is a problem, we may still be able to help you.
15. All dates of entries into the United States for the applicant, spouse, and children, and all dates of exits. Ideally, copies of your passports will determine this information. You want to check if the date of exit on the U.S. visa was complied with (in other words, whether you left the country during the time permitted by the visa).
16. Certified translations of any documents written in a language other than English. 17. Does the applicant, spouse, or children have any communicable diseases of any kind? Will they pass the medical test?

State Department Makes Changes to J-1 Visa in Response to Abuse

Wed, 22 Feb 2012 08:00:00 EST

The State Department recently took action against the Council for Education Travel USA and banned the non-profit organization from sponsoring students through the J-1 visa program.

The J-1 Summer Work Travel visa is popular among students, as it allows companies to sponsor foreign college students, enabling these students to work in the United States for up to four months. These private companies then supervise the foreign students while they are in the country.

However, the State Department received numerous complaints from students sponsored by the Council for Education Travel USA, who were placed at the Hershey’s packaging plant in Pennsylvania. The students complained about poor labor conditions, substandard housing and little pay, and were told that they would be deported if they complained.

According to a State Department official, the Council for Education Travel USA lost its ability to sponsor students on January 30, 2012. Since 1995, the company has sponsored tens of thousands of students from around the world. The announcement comes one year after a report showed widespread abuse in the J-1 visa program.

In addition, on January 18, 2012, the State Department issued a memo proposing a major overhaul of the J-1 program in order to protect foreign students. The memo delineated several changes to the program, including a prohibition on students working in factories, manufacturing, retail shipping and seafood plants, as well as capping the number of hours per week a student can work at 40. The memo also re-emphasizes the prohibition of adult industry jobs.

The State Department expects that there will be companies and businesses opposed to the changes, as students provide cheaper labor and companies do not have to pay health insurance for students under the J-1 visa program. Several businesses opposing the proposed changes have already indicated that they need students for seasonal labor during the busy times of the year.

If you have questions about the visa application process, including the J-1 visa, call the Law Offices of Vaughan de Kirby at (415) 221-2345 to speak with a San Francisco visa lawyer. We are here to help you through the visa application process and to answer your questions.

State Department Hikes Costs Associated with U.S. Citizenship

Mon, 20 Feb 2012 08:00:00 EST

The State Department published new fees on Thursday, February 2, 2012, for those looking to renounce their United States citizenship. The cost, which used to be free, is now set at $450.

The fee hike had been proposed in 2010 on an interim basis and is now locked in. The State Department did not indicate how it came up with the cost of $450, but agreed that the individual should pay the fee at the time he or she swears the oath of renunciation.

However, the cost of renouncing U.S. citizenship is not the only increase; the cost of maintaining your citizenship has also increased. The State Department is increasing the fee for those wishing to keep their United States citizenship and is requiring a passport to prove it. The application fee for a passport has increased 27 percent, from $55 to $70. The passport surcharge is also increasing from $20 to $40, a significant increase.

Further, the State Department is adding a fee to include new pages to a U.S. passport; while this was originally free, this process will now cost individuals $82. According to the State Department, the fee is being used to offset the cost of the pages, affixing pages to the passport, endorsing the passport and quality-control checks.

The State Department has also added an additional cost for registering an overseas birth of an American child, which originally cost $65. The cost will now be $100.

Finally, with all of these costs increasing, the cost to have a document notarized at a US embassy abroad is also going up. According to the new fee schedule, the cost will be $50 for a single page, which is an increase from $30.

If you have visa or passport questions, call the Law Offices of Vaughan de Kirby at (415) 221-2345. Our team of experienced lawyers is here to speak with you.

USCIS to Start Accepting New H-1B Visa Petitions on April 2, 2012

Fri, 17 Feb 2012 08:00:00 EST

On Monday, April 2, 2012, the United States Citizen and Immigration Services (USCIS) will start accepting cap-subject H-1B visa petitions for fiscal year 2013. The H-1B visa petitions can be filed as early as March 30, 2012. The H-1B visa is a temporary worker visa for individuals with a “specialty occupation,” which includes a job requiring specialized knowledge and skills.

Generally there is a great demand for H-1B visa approvals, and there is only a total of 85,000 new H-1B visas available each year. Of this total number, 65,000 are subject to the regular cap and the other 20,000 are under the Master’s Degree cap, which includes foreign individuals holding advanced degrees from an approved university or college within the United States. In the past, the H-1B cap was met within the first few days of filing. However, since Fiscal Year 2010, the cap was not reached until later in the year, between the months of October and January.

At this time employers should be looking into their current and future needs, as the H-1B visa requires an employment start date of October 1, 2012 or later. It is also important to note that for those individuals currently under another visa status and who are looking to change to an H-1B visa, a new cap-subject H-1B visa will be required.

If you are considering sponsoring an H-1B visa applicant, it is important to start planning and preparing immediately. Call the Law Offices of Vaughan de Kirby to speak with a San Francisco H-1B visa attorney, we will explain the process and help you prepare and file the appropriate paperwork. Call our office today at (415) 221-2345.

Immigration Reform Remains Top Priority in Presidential Debates

Thu, 16 Feb 2012 08:00:00 EST

Immigration continues to be a hot topic in the presidential debates. It was the first question asked in the January 26, 2012, presidential debate in Jacksonville, Florida. This was the last debate before the Florida primary on January 31, 2012. Florida is considered a crucial win in the primaries, with 50 delegates.

The Hispanic vote is extremely important in Florida. Recently Mitt Romney criticized Newt Gingrich for labeling Romney as “anti-immigrant” in a radio advertisement. However, Gingrich explained to the diverse crowd that Romney’s policies do not make sense as he would seek to deport all illegal immigrants, and require self-deporting by all individuals who have been in the United States for a long time and have deep ties to the country. According to Gingrich, immigration reform must include stronger enforcement along the U.S.-Mexico border with a change in the visa system that addresses the current immigration patterns.

The 2010 census revealed a growth in the Hispanic population throughout the United States, leading to new congressional seats in some states. However, a report from the Pew Hispanic Research Center indicates that a majority of Hispanics feel that they have been hit the hardest by the economy.

Former Florida Governor, Jeb Bush, spoke about the importance of the Hispanic vote, citing the Hispanic population swing voters. Bush credited the Hispanic vote with helping Barack Obama win the presidency as well as George W. Bush. Jeb Bush also indicated that Republicans need to do a better job of reaching out to Hispanic voters by respecting the experiences of immigrants.

Obama Administration Initiative to Promote Tourism & Job Growth

Sat, 04 Feb 2012 08:00:00 EST

President Obama recently announced a new strategy to increase travel and tourism in the United States in an effort to enhance job creation. The president’s plan, revealed in January 2012, includes lowering visa requirements for “low risk” visa applicants from certain countries, including China, India and Brazil.

The proposed pilot program will streamline the visa application process by allowing tourists who have already gone through screening to renew their visas without another interview. This measure is expected to save both time and money. Obama’s administration believes that the increase in tourism will equate to an increase in job creation and, therefore, put more Americans back to work.

In 2010, travel and tourism accounted for 2.7 percent of the United States’ gross domestic product, with 7.5 million jobs. Additionally, overseas tourists accounted for the creation of another 1.2 million jobs. According to experts, one million jobs could be created in the United States over the next ten years if the country develops more tourist-friendly policies. Nationals from China, India and Brazil who came to the United States in 2010 contributed approximately $15 billion to the economy, including thousands of jobs.

Under the Obama administration, the U.S. State Department is encouraging international travel to America and issued 7.5 percent more non-immigrant visas in the past fiscal year, a 17 percent increase. President Obama’s announcement comes on the heels of signing an executive order and announcing new initiatives to increase travel and tourism in the country.

If you have questions related to the visa application and process, call the Law Offices of Vaughan de Kirby to speak with a California immigration attorney. Contact our office at (415) 221-2345 or complete the contact form on this page.

Homeland Security Exposes Major Concerns with USCIS Visa Approvals

Tue, 31 Jan 2012 08:00:00 EST

A recent report from Homeland Security revealed that high-ranking officials of the US Citizenship and Immigration Services (USCIS) have been pressuring rank-and-file immigration workers to approve visa applications, even when there were questions of fraud or security. According to the report, of the 254 immigration officials surveyed, more than 60 indicated that their bosses have pressured them to approve questionable applications.

This is not a new issue in the USCIS, but the problem has worsened since the Obama administration appointed Alejandro Mayorkas as the director of the USCIS in August 2009. Mayorkas was brought on at the time the Obama administration was trying to pass comprehensive immigration reform. According to immigration officials, after Mayorkas’ appointment, veteran immigration officials who were considered too tough on applicants were given the choice of demotion or relocation away from their families. The difficult cases were then re-assigned to more lenient officials.

According to immigration officials, cases are being assigned to them then re-assigned to more lenient workers who will approve the visa. One immigration official indicated that he was demoted because he had a high rate of denying visas, although he felt that he followed the law when issuing the denials.

The report from Homeland Security recommends improvements with the USCIS’ visa approval system. The improvements include raising the burden of proof and no longer having informal and special appeals practices. However, according to immigration lawyers, this would make an already extensive process even longer.

If you have immigration or visa-related questions, contact the Law Offices of Vaughan de Kirby to speak with an experienced California immigration lawyer. Call the office at (415) 221-2345 or complete the contact form on this page for a free consultation.

Lawsuit Alleging Racial Profiling Possible against Arizona Sheriff

Mon, 30 Jan 2012 08:00:00 EST

On Friday, December 23, 2011, a federal judge ruled against Arizona Sheriff Joe Arpaio, barring the sheriff and his deputies from detaining an individual based solely on a suspicion that the person may be an illegal immigrant. According to U.S. District Judge Murray Snow, the sheriff has made public statements in which a judge or jury could find that Sheriff Arpaio is racially profiling against Latinos. Sheriff Arpaio is not new to the federal government, earlier in December the federal government had already limited the sheriff’s authority.

The ruling is laying the groundwork for a possible lawsuit alleging racial profiling in Maricopa County. Attorneys are pushing the lawsuit on behalf of five Latino clients and have won the class-action status allowing other Hispanics to join the lawsuit if they have been detained and questioned by the sheriff or his deputies since January 2007.

The lawsuit specifically alleges that the Maricopa County sheriff and officers made traffic stops solely because the operators were Hispanic; there was no probable cause for the stop. The lawsuit claims that the stops were only made to question the immigration status of the motor vehicle operators. Sheriff Arpaio has denied the racial profiling allegations indicating that there was probable cause to make the traffic stops.

The traffic stops include sweeps in which deputies look for traffic violators, often in the Latino areas. According to data, illegal immigrants accounted for 57 percent of the 1,500 people arrested in the 20 sweeps conducted since January 2008.

According to Stan Young, Lead Attorney, the 40-page ruling from Judge Snow is encouraging as the court is recognizing a practice of racial profiling and racially biased operations in Maricopa County.

It is noted that not all went in favor of the attorneys who filed the lawsuit. Judge Snow also ruled that one of the deputies had probable cause to pull over a couple, and an illegal search claim was thrown out. However, Judge Snow did not throw out the racial profiling claim for that case.

Obama Establishing New Hotline & Procedures for Immigration Detainees

Sun, 22 Jan 2012 08:00:00 EST

On Thursday, December 29, 2011, the Obama administration announced that it was establishing a hotline for immigration detainees who believe that they have been wrongly detained because they are U.S. citizens or victims of a crime. This hotline, proposed to operate 24 hours/day and seven days a week, was set up to improve immigration enforcement and to focus on more serious threats to public safety, including immigration fugitives, as well as repeat and recent offenders. The Department of Homeland Security is starting the hotline to ensure immigration detainees are notified of their rights, including possible deportation.

The new hotline includes procedures for the use of a “detainer” form, translated into Spanish, French, Portuguese, Chinese, and Vietnamese that allows law enforcement to hold a person in custody for a period of time. The detainer will be effective if the immigration detainee is convicted of the offense for which he or she was arrested.

According to Laura Vazquez, an immigration legislative analyst for the National Council of La Raza, four native-born U.S. citizens were held unlawfully on immigration detainers in Los Angeles County. One detainee was held for two days on an immigration detainer even though he was a citizen of the United States. The new procedures should lead to more accountability and oversight over detainees.

The new hotline and procedures were announced just before the implementation of new immigration laws in states such as Louisiana, Tennessee, South Carolina, and Georgia, which will require businesses to enroll in E-Verify, a federal program in which employers are required to check a potential employee’s immigration or citizenship status. According to supporters of E-Verify, the program prohibits companies from hiring illegal immigrants. However, opponents believe that E-Verify is costly, inaccurate and pressures illegal immigrants to be even more secretive.

Immigration regulations and changes are high priority in the new year. If you have questions, contact the California immigration attorneys at the Law Offices of Vaughan de Kirby. Call the office today at (415) 221-2345.

Immigration Reform: Controversial Topic for Upcoming 2012 Election

Fri, 20 Jan 2012 08:00:00 EST

Immigration and immigration reform are shaping up to be hot issues in the 2012 presidential election. A recent poll indicated that a majority of Iowa Republicans and Independents are not opposed to legal immigration, and agree that legal immigrants working in the United States help the economy grow. This pertains to legal immigrants working in all areas; however, a recent report from the American Enterprise Institute for Public Policy Research and the Partnership for a New American Economy indicated that legal immigrant workers with advanced degrees actually boost the economy by creating more jobs. A compact signed by a bipartisan group in Iowa seconds this notion, calling for immigration reform in an attempt to have Americans understand that legal immigrants are beneficial to the economy.

Republican candidate, Newt Gingrich, stands alone in his opinion of immigration, offering a more compassionate stance than his Republican counterparts, including Mitt Romney. In a November 2011 debate, Gingrich specifically stated that those who have been in the United States for several years, have a family in the country, have paid taxes, and obey the law should not be separated from the family and kicked out. Romney opposes Gingrich, indicating that his policies would encourage more illegal immigration. This topic will continue to be a major focus as the presidential election nears.

If you or your company has immigration-related questions, contact the California immigration attorneys at the Law Offices of Vaughan de Kirby. Our experienced attorneys provide assistance to individuals and corporations; call our office today at (415) 221-2345.

USCIS Allows New Bundling Procedure to Speed Up Visa Process

Fri, 13 Jan 2012 08:00:00 EST

The United States Citizenship and Immigration Services recently announced that it will allow multiple L-1 visa petitions to be grouped into bundles as part of an effort to streamline and improve the adjudication process for applicants. This action was taken as a result of the need for some businesses to move multiple employees to the U.S. for specific projects requiring specialized knowledge. The USCIS allows these employers to petition for their employees to obtain L-1 nonimmigrant classification.

Despite this new announcement, petitions will still be considered individually on their own merits. In order to qualify as a bundle, all of the L-1B petitions must:

Relate to employees on the same project
Involve employees who will work at the same location
Involve employees who all have the same specialized knowledge duties

In addition to the L-1B petitions, the USCIS will also consider petitions for L-1A managers as part of the bundle. The only requirement for being including in the bundle is that the L-1A applicants must be managing the L-1B beneficiaries who will be working on the stated project. The USCIS will also consider applications to extend or change nonimmigrant status for the beneficiary’s qualifying dependents that are included in the bundle.

For more information about L-1 petition bundling, visit the USCIS website for helpful tips.

USCIS Reaches Cap for Fiscal Year 2012 H-1B Visas

Tue, 10 Jan 2012 08:00:00 EST

The United States Citizenship and Immigration Services recently announced that it has received its maximum number of allowed H-1B petitions for fiscal year 2012. The statutory limit for each fiscal year is 65,000 petitions. For those submitting new H-1B specialty occupation petitions, November 22 was the final day that they were accepted. These petitions had to be received by that date, not postmarked.

In addition to H-1B specialty occupation petitions, the USCIS also reported that it had received more than 20,000 H-1B advanced degree petitions by October 19, 2011, which are exempt from the statutory limit. Similarly, not counting towards the cap, petitions filed on behalf of current H-1B workers who have been counted previously against the limit are not counted toward the 2012 cap.

Going forward, the USCIS will continue to accept petitions filed to:

extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.

However, petitions for employment of any person who is not yet in H-1B status for another employer will not be accepted again until April 1, 2012. Once submitted, those petitions must request an employment start date of October 1, 2012. This makes the new H-1B employees a part of the fiscal year 2013 cap.

As a result of the cap, international employers now affected by the cap may be forced to consider hiring their potential H-1B’s in other countries. To combat this problem, the U.S. House of Representatives recently voted 389-15 in favor of ending the per country caps on employment-based visas. This bill would eliminate the requirement that employment-based visas issued not exceed seven percent of the total for any one country. If it takes effect, the measure could benefit skilled Indian and Chinese workers and high-tech companies in the United States. Similar legislation is currently pending in the Senate.

Upcoming Supreme Court Case Detailed by California Immigration Lawyer

Sat, 31 Dec 2011 08:00:00 EST

On Monday, December 12, 2011, the United States Supreme Court announced that it will hear arguments regarding Arizona’s immigration law. In April 2011, a three-judge panel from the 9th Circuit Court of Appeals in San Francisco upheld a federal judge’s ruling that halted enforcement of Arizona’s S.B. 1070. Several provisions were blocked, including the following:

All immigrants would be required to obtain or carry immigration registration papers.
It would be a criminal offense for illegal immigrants to look for work or hold a job.
Suspected illegal immigrants could be arrested without a warrant.
Police can determine the immigration status of anyone they stop, or arrest an individual if they believe that he or she might be an illegal immigrant. The immigration status will then be determined before the individual is released.

Essentially, the Supreme Court will decide whether Arizona is allowed to impose tougher anti-immigration requirements that go beyond the current federal requirements. The case could be heard as early as April.

Last year the Justice Department challenged to void the law on the basis that the state cannot legislate rules for which the federal government is responsible. However, Arizona continues to argue that the federal government is not doing enough to address the issue of illegal immigration, causing significant issues in the border states, as states are not able to use their own resources without federal backing.

Similar laws are being challenged in Alabama, South Carolina, and Utah. Additionally, private groups are suing over measures adopted in both Georgia and Indiana.

In October 2011, the Federal Court of Appeals in Atlanta blocked provisions of an Alabama law that required public schools to check the immigration status of students and permitted police to file criminal charges against those who were not able to prove citizenship.

If you have questions, contact the Law Offices of Vaughan de Kirby. Call the law office at (415) 221-2345 to speak with an experienced California immigration lawyer.

California Company Attempts to Circumvent H-1 Visa Laws

Sat, 24 Dec 2011 08:00:00 EST

Many local companies are frustrated with the lengthy wait times and difficult approval conditions for obtaining a U.S. temporary worker visa. As a result, one California company is attempting to find a creative solution. The company, founded by Max Marty, aged 27, houses workers on an anchored boat 12 nautical miles off the California shore. As a result, the workers are deemed to be in international waters. The company then has these workers come to shore temporarily on tourist and short term business visas, which are easier to obtain.

Mr. Marty feels that U.S. immigration laws stifle entrepreneurs in California. As such, he came up with his plan to circumvent the H-1 visa problem and instead utilized a B-1 business visa. This type of visa entitles visa holders to travel to the U.S. for conferences, meetings, and trainings. It lasts up to ten years and is much easier to get.

Mr. Marty’s plan is to rent space to workers who will complete the bulk of their work on board the offshore boat, ferrying them to shore for meetings or business meetings. He plans to offer internet, catering, and a gym aboard the ship.

More people than just Mr. Marty are frustrated with the state of the U.S. immigration system. Recently, the U.S. House of Representatives passed a bill to eliminate the country-based cap placed on skilled worker visas.

California Woman Arrested on Charges of Student Visa Fraud

Thu, 22 Dec 2011 08:00:00 EST

In an arrest that strikes an eerie resemblance to the pilots involved in 9/11, a Lake Elsinore woman was arrested on November 30, 2011, and charged with illegally helping foreign citizens enter the U.S. for flight training programs on student visas. Authorities believe that Karena Chuang, 28, helped citizens from Egypt, Sri Lanka, and Taiwan. She had the students apply for the visas using flight programs that are authorized to accept foreign students. Once the students were approved, however, she enrolled them in her own school which does not have such authorization.

Ms. Chuang’s pilot training facility is called Blue Diamond Aviation. This school is not authorized to accept foreign students as it does not comply with the necessary requirements. These regulations were put in place following 9/11 due to the extreme national security threat posed by visa fraud at flight schools. Ms. Chuang was able to lure students by offering lower tuition and a shorter curriculum time.

When assisting her potential students in obtaining a student visa, she allegedly acted as a cousin and sought the necessary application documentation from the government-approved schools. Assistant U.S. attorney Rozella Oliver believes that Ms. Chuang’s motives for the visa fraud were financial, and not tied to terrorism. Federal officials began investigating Ms. Chuang in June 2010. She subsequently closed the school in July 2011 but reopened under another name, Wright Aviation Academy.

California Men Mistakenly Arrested Through Federal Immigration Program

Tue, 20 Dec 2011 08:00:00 EST

Every U.S. citizen’s nightmare came true for four California men recently, when they were mistakenly arrested and accused of being illegal immigrants. The men were taken into custody through the federal immigration enforcement program entitled Secure Communities. This program is administered by U.S. Immigration and Customs Enforcement.

All of the arrests took place in Southern California and involved men of Hispanic descent. After being arrested, the men were put on immigration holds. Three of the arrests took place in November, and the fourth occurred in July. In a heartbreaking story, one of the men, Antonio Montejano, was arrested in Santa Monica after accidentally forgetting to pay for candy that his children ate while shopping in Sears. In addition, a $10 bottle of perfume was not properly scanned by the cashier. Mr. Montejano spent approximately $600 in the store that day.

After being arrested, Mr. Montejano was held in jail for four long days. None of the jail officials believed that he was a legal citizen. His release was secured only after the American Civil Liberties Union sent in his passport and birth certificate. He plans to file a law suit as a result of his experience, and will be joined by another detainee, Jose Valzquez.

Our thoughts go out to the families of these men who were forced to endure the emotional strain relating to their erroneous arrests.

EB-5 Program Offers U.S. Opportunity to Compete with Canada's Booming Real Estate Market

Wed, 07 Dec 2011 08:00:00 EST

Canada offers the U.S. a valuable lesson on the possibilities of investor visas, says Alan Nevin in the San Diego Source. In the last 25 years, Canada has seen an influx of wealthy immigrants from China under their immigrant investor program, which requires a lower investment than the equivalent program in the U.S., the EB-5. Nevin argues that Canada’s immigration policies have helped Canada avoid the housing market crash that has afflicted the U.S. Not only do their investment dollars stimulate the economy and create jobs, wealthy immigrants are also likely to purchase homes or condominiums for themselves.

That’s why so many California immigration attorneys are lending their support to making the EB-5 Pilot Program a permanent program. Under the Pilot Program, the investment amount is reduced by half, and investors are able to invest in regional centers, which helps alleviate the legal challenges of applying for an EB-5 visa and makes the path to a Green Card much more smooth. “Job creation” is becoming a buzzword this election season, and that is exactly what the EB-5 Immigrant Investor program is meant to do. Immigration attorneys have known for years that the EB-5 program has the potential to create economic growth. Continued support for the EB-5 program in the U.S. will result in growth for all.

Education and Health Care Opportunities Motivate Chinese to Emigrate Under EB-5 Visa, says BusinessWeek

Tue, 06 Dec 2011 08:00:00 EST

A recent article in Business Week confirmed what San Francisco immigration lawyers already know: the EB-5 Visa is growing in popularity, especially among Chinese citizens.

Competition for wealthy Chinese investors’ dollars is heating up. The article reports that there are over 500,000 Chinese citizens with assets of over 10 million yuan ($1.57 million US dollars), and a study showed that almost 60 percent are considering emigrating, have begun the application process, or have emigrated. These immigrant investors are looking to get residency permits (or Green Cards in the US) mainly from the U.S., Canada, Australia, Singapore, and New Zealand. In the U.S., the EB-5 Investor Visa program offers a channel for these type of immigrant investors to gain residency in exchange for investment dollars that create jobs and economic stimulus.

Most émigrés are not looking to leave China permanently, says the author, citing a study by the Bank of China, which found that about 80 percent of wealthy Chinese immigrants don’t plan to give up their passports. Many families choose to send one parent and the children abroad while another parent spends more time in China, managing business. The study revealed that many wealthy parents are hoping to find the best educational opportunities for their children by going abroad.

EB-5 Investor Visa Program is Good News for Bay Area, Says San Francisco Examiner

Tue, 06 Dec 2011 08:00:00 EST

A recent report in the San Francisco Examiner has declared that the EB-5 program is becoming increasingly popular and could lead to an influx of hundreds of jobs and tens of millions of dollars in investment in the Bay Area. The EB-5 Investor Visa program offers foreign investors a path to a green card if they make a qualifying investment that will create or maintain 10 American jobs.

The program has become “a focus of global entrepreneurs,” says author Niko Kyriakou, as investment money is in demand and investors looks for new ways to stimulate economic growth. U.S. Citizenship and Immigration Services (USCIS) told the Examiner that more EB-5 visas were requested last year than in any other year since the program began in 1990. Since its inception, the program has created over 40,000 jobs and gathered over $2.1 billion in investment.

California has also seen massive growth of the program, particularly in the form of numerous Regional Centers, which are federally-approved funds. In the last two years, 30 additional regional centers have cropped up in California.

With all this growth, backers of the EB-5 program, including many San Francisco immigration attorneys, are confident that the program will continue to fulfill its promise to achieve its goal of stimulating investment and economic growth in exchange for immigration.

Visa Grants Up 24% for Skilled Indian Workers Wishing to Work in the US

Mon, 31 Oct 2011 08:00:00 EST

Following criticism voiced at the US-India CEO Forum last month, the United States State Department has released figures showing that Indian citizens are granted more worker visas than any other country and that worker visa grants for Indians went up by one-fourth in the last year alone.

According to the State Department, Indians received 54,111 H-1B visa grants last year and 67,195 this year - twice as many as the next four countries on the list of recipients. In addition, the agency added that India also receives more L-1 intra-company transfer visas than any other country.

In September, Indian Commerce Minister Anand Sharma noted that the rejection rate for India's skilled workers seeking visas to the United States had risen in recent years. At the same time many lawmakers, companies, and other interest groups have been asking the government to reform the current immigration laws in order to welcome more highly skilled science, math, engineering, and technology workers into the U.S. Many of those workers would come from countries like India. Currently, two bills have been proposed in Congress that would make it easier for all skilled foreign workers to achieve H-1B visa status.

Republicans Submit Their Own Green Card Reform Bill to Congress

Sun, 30 Oct 2011 08:00:00 EST

Shortly after the Democrats in United States Congress drafted a bill outlining immigration reform, the Republicans shot back with their own version of the bill - though many parts of the potential legislation are the same, down to the word.

The bill, proposed by Representative Raul Labrador, agrees with many of the immigration law reforms that others are seeking, but changes the scope of some of the ideas. While the Democrat's bill, proposed by Zoe Lofgren, seeks more green cards for foreign entrepreneurs, H-1B worker visa reform, and L-1 investor visa reforms, Labrador's bill focuses in on granting green card access to foreign students who earn advanced technology and science degrees in the United States.

One Republican who worked on the bill admitted that both bills had common goals and, it followed that both bills would have some of the same language. However, the Labrador bill eliminated some of Lofgren's larger reforms and focused instead on attracting skilled foreign workers with STEM (science, technology, engineering, and mathematics) backgrounds.

In either case, it is a positive step forward that both parties are examining possible immigration reform and that there seems to be at least some bipartisan agreement regarding worker visa reform.

United States Deports a Record Number of Immigrants This Year

Thu, 27 Oct 2011 08:00:00 EST

Even with recent immigration policy changes that significantly lower the priority of deporting illegal immigrants who do not have criminal records or who have grown up in the United States, Immigration and Customs reported this week that America deported more people this financial year than ever before in history. It is the third year in a row that the record has been broken.

Between September 2010 and September 2011, 400,000 people were deported from the United States - a one percent increase from last year. Fifty percent of immigrants without valid visas had a criminal record that included drug offenses, serious traffic offenses, sexual offenses, murders, or other felonies.

What has caused the recent increase in deportation numbers in the United States? Many immigration experts believe the increase is due to the Secure Communities program - a program that allows authorities to check the visa status of felons. This program is expected to expand in coming years. However, while many applaud the high numbers, others are critical of the deportation of those who have lived in the U.S. for years and are otherwise law-abiding citizens.

While the number of illegal immigrants being deported has steadily risen in recent years, the number of illegal immigrants entering the country has significantly dropped.

Four More Charged in California Federal Student Visa Fraud Case

Wed, 26 Oct 2011 08:00:00 EST

Four more people with connections to Tri-Valley University have been arrested and charged with conspiracy to commit visa fraud in Oakland, California.

Seven months ago, federal agents arrested Susan Su, the founder of a Pleasanton school that was allegedly a front for immigrants to enter the country with F-1 student visas. Su, who has been charged with 33 different counts of fraud and false statements, apparently used the school as a way for foreign students to gain immigrant status in the United States without actually pursuing an education.

The four new people arrested in connection with the F-1 student visa scam include Vishal Dasa, Anji Reddy Dirisinala, Ramakrishna Reddy Karra, and Tushar Tambe. All five people associated with the university have pleaded not guilty to charges, though it is currently unclear how the four people more recently arrested are connected with the school and alleged scam.

The alleged visa fraud was discovered by an undercover agent who went to officials at the school seeking F-1 student visa status. The school employee told the undercover agent that for "tuition and fees" of $2,800, he could get an F-1 visa, move wherever he wanted in the country, and not be required to physically attend classes.

Federal agents shut down the Tri-Valley University in March after an Immigration Customs Enforcement investigation.

Pending Legislation: Buy a House and Gain Entry without Working Authorization

Fri, 21 Oct 2011 08:00:00 EST

By: Diana Olick
CNBC Real Estate Reporter

Home sales are bouncing along the bottom, home prices still haven't hit bottom, and government proposals to juice the housing market are simply falling flat.

The one bright spot in the hardest hit markets is foreign investment. While international buyers made up just 3 percent of home purchases nationally in September, according to the National Association of Realtors, they made up a far higher share in Miami and Phoenix, where the now-burst housing bubble left the greatest rubble.

Investors are buying up the distressed inventory at a fast clip, but not fast enough.

So why not try to get more?

That's precisely what a bipartisan team of Senators, Chuck Schumer (D-NY) and Mike Lee (R-UT) are proposing. The last section of a their new immigration bill is titled, "Increasing Home Ownership by Priority Visitors." It would offer non-immigrant visas to foreigners who buy at least $500,000 worth of residential US real estate. Unfortunately, there are a whole lot of caveats that will limit the scope of that potential buying population.

First and foremost, this is not a work visa, and the buyer has to live in the residence for at least six months (not necessarily consecutive) out of the year. That means said buyer would not be able to work in the US for half the year; translation, said buyer would have to be really rich. The buyer would of course have to go through the standard criminal background checks that any US residence visa requires, but they can bring the spouse and kids. The homeowner could not receive any US government benefits, and once they sell the house, they have to leave the country.

Read more from this article by clicking the link below.

California Receives Grants for Citizenship Preparation Programs

Sat, 15 Oct 2011 08:00:00 EST

United States Citizenship and Immigration Services (USCIS) announced $9 million in grants for programs across the country that aid immigrants in preparing for their naturalization test and permanent residency. In all, 42 organizations were given grant money to expand or improve their citizenship preparation programs, including seven programs located in California.

The California organizations and programs that received grant money from the USCIS included:

Catholic Legal Immigration Network Inc. (CLINIC) in Los Angeles
Hebrew Immigrant Aid Society Inc. (HIAS) in San Diego
International Rescue Committee Inc. (IRC) in Oakland
Coastline Community College in Fountain Valley
Catholic Charities of Orange County Inc. in Santa Ana
International Institute of the Bay Area in San Francisco
International Rescue Committee Inc. in Los Angeles & San Diego

This is the third year that the USCIS has awarded this type of grant funding to organizations. Last year, 56 organizations received $8.1 million in grants. In 2009, 13 companies received $1.2 million in grants.

Are you interested in becoming a permanent resident of the United States, or do you need the assistance of a San Francisco immigration lawyer for a visa issue? At the Law Offices of Vaughan de Kirby, we have the knowledge and experience necessary to help you understand U.S. immigration law and take the best steps toward living your dream. Call us today to schedule a free consultation.

Fewer Foreign Workers Securing H-1B Visas In 2011

Fri, 30 Sep 2011 08:00:00 EST

In a time when a large number of United States politicians and economists are calling for large-scale work visa reforms in order to increase the number of skilled workers in our country, India officials have pointed out that the number of approved applications for the H-1B visas has dropped precipitously in the last year.

According to the US Citizenship and Immigration Services (USCIS) website, only 32,200 applications for an H-1B visa have been approved in the first eight months of the year even though the annual cap on applications is 65,000. In addition, the rejection rate for these worker visas has gone up just in the last year alone.

This issue was recently discussed in India at the US-India CEO Forum, where many lamented that the United States was in need of highly skilled workers and that India was available to provide such workers.

The same issue was recently discussed by New York Mayor Michael Bloomburg, who agrees that expanding worker visa programs and welcoming more skilled foreign workers would be good both for the economy and for innovation.

Still, some believe that allowing more foreign workers to come to the United States would mean more unemployed U.S. citizens – citing that there are already 8 million foreign workers in America today.

U Visa Helps Foreign Abuse Victims In California

Fri, 30 Sep 2011 08:00:00 EST

With the growing popularity of U visas, which help victims of domestic violence crimes temporarily stay in the United States legally, 10,000 people each year are able to aide police with investigations and avoid deportation directly after a traumatic event. However, while some are concerned that the annual cap on U visas should be raised to meet demand, others believe that the program should be shrunk in order to limit immigration in this manner.

Let’s look at a case from California: an illegal immigrant and her five children were being physically and emotionally abused by their husband and father. While the woman endured the abuse for years, in part due to her immigration status, she finally went to police after discovering that her two young daughters were being sexually abused by their father. Because of the U visa, the woman was allowed to stay in the United States legally to see that her husband was put in jail and to help her children recover from their trauma. Three years later, she is legally living in the United States with her children. She returned to school and now works as a dental technician.

Currently, some California lawmakers are attempting to expand the U visa to cover both abuse victims and victims of labor exploitation. However, it is unclear whether this bill will make it through Congress.

House Judiciary Committee Considers New Start-Up & EB-5 Investor Visa

Sat, 24 Sep 2011 08:00:00 EST

The House Judiciary Committee's Immigration subpanel reviewed two immigration programs this past Wednesday that both parties believe may improve the United States economy and help more Americans find jobs - especially in the science and technology sectors.

First, lawmakers discussed the EB-5 investor visa, which has been in place since the Immigration Act of 1990 but is set to expire next year. While most lawmakers believe that continuing the visa program - which allows foreign entrepreneurs to enter the country after investing $500,000 to $1 million into a U.S. business - is good for both job creation and the greater economy, some conservative politicians see the program as offering aliens green cards in exchange for cash.

Second, the lawmakers discussed a possible new visa program, now called the Start-Up Visa, which is part of a bill proposed by Representative Zoe Lofgren, a Democrat from California. The visa would award conditional residency to immigrants who wished to start a new business in the United States. Those who were successful after two years of business would be given the option of permanent residency.

Although many lawmakers applauded the potential of the start-up visa to create new business, add jobs, and take advantage of the most talented and ambitious businesspeople in the world, some Republicans were wary that the visa program could lead to a number of cases of fraud and abuse.

If you have questions about the EB-5 visa or Start-Up Visa Program, contact a California EB-5 Attorney today.

New Automated System Finds Immigrants Who Have Overstayed Visas

Fri, 23 Sep 2011 08:00:00 EST

Just weeks after the federal government announced that it will be using "prosecutorial discretion" when handling the country's deportation cases, President Obama has unveiled a new border database vetting system that allows the Homeland Security Department to check the background of immigrants more quickly and more accurately.

In the past, Homeland Security agents checking immigrants at the border would have to manually check several different databases to make certain that the person had not overstayed their visa and was not a threat to public safety. This new automated system interconnects terror watch lists with immigration information lists, allowing the U.S. to regularly check up on possible threats or anomalies.

Even in its first months of use, this new automated visa checking system has helped the United States cut its backlog of a suspected 1.6 million immigrants overstaying their visas by half, with the system determining that many people on the list had either already returned to their home country or renewed their visa. The new system has also scanned the remaining 840,000 names on the list for illegal immigrants who may be a security threat - a list of about 2,000 names.

Homeland Security hopes that this new system will be an inexpensive and accurate way to improve the safety of the current visa system, save time and cut down on human error.

State Department Probes Protests Related to J-1 Visa Program

Fri, 16 Sep 2011 08:00:00 EST

The United States Department of State has launched a probe regarding the J-1 visa program after a worker protest at a Hershey chocolate factory erupted among foreign students involved in a summer exchange program.

The 400 foreign students were participating in a four-month program that allowed them to work in the United States for the summer while, also, given opportunities to experience American culture and travel. The protesters complained that while they were aware that they would be working in a factory environment, they did not realize the extent of the heavy lifting, poor hours, expensive housing, or low pay. They added that they were not exposed to any sort of cultural exchange and did not have time to explore the area.

About 100,000 students and young people work in the United States over the summer as participants of these types of visa programs. A supporter of programs, like the J-1 visa program, explained that the protest is unprecedented, though there have been some complaints in the program's five-decade history.

State Department officials are meeting in Washington, DC this week to discuss the issue. They will then travel to Hershey to gather more information from all parties. In the wake of the protests, some organizations have urged the State Department to review the J-1 visa program as a whole.

If you have questions about the J-1 visa or any other visa programs, contact a San Francisco immigration lawyer at the Law Offices of Vaughan de Kirby today.

U.S. Chamber Of Commerce Asks Obama To Reform Skilled Worker Visa Process

Fri, 02 Sep 2011 08:00:00 EST

A coalition of organizations interested in United States immigration policies has published a report outlining important issues facing employers of foreign citizens in America and a few easy solutions to the many problems with current U.S. immigration law.

The report, which was published by the National Foundation for American Policy, complains that the federal government could easily fix a number of red tape issues and outdated laws that face companies seeking highly skilled foreign employees. In one example, the report explains that some organizations are still required to issue print advertisements in the United States before hiring foreign workers – a rule that is archaic in today’s digital world. In another example, the report states that 15,000 employers of H-1B visa holders were audited just last year -- more than half of the companies that employ the workers.

As for solutions, the report, which was created by U.S. Chamber of Commerce, the American Council on International Personnel, Immigration Works and the U.S. Conference of Catholic Bishops, suggests fast-tracking the immigration process for those with advanced degrees in science, technology, math, and engineering. The report also suggests a simpler re-validation process for skilled workers and a trusted employer program for companies that have a long history of compliance with immigration law.

Obama Announces Use Of Prosecutorial Discretion For Illegal Immigrants

Fri, 02 Sep 2011 08:00:00 EST

President Barack Obama announced this month that the federal government will now use “prosecutorial discretion” when handling deportation cases involving illegal immigrants. The Department of Homeland Security will soon implement these changes when tackling the current caseload of 300,000 people somewhere in the deportation process currently who do not have criminal records or other issues.

What does prosecutorial discretion mean? Simply put, it means that some immigration cases will be prioritized over others; for example, an illegal immigrant with a criminal past or an illegal immigrant who recently crossed the border may face deportation before other cases, such as an illegal immigrant who crossed the border as a young child, or an illegal immigrant married to a United States soldier, or an illegal immigrant in a same sex marriage with a United States citizen. Whether or not an illegal immigrant will be prosecuted will be based on the same guidelines set forth in the Dream ACT of 2010, which did not pass Congress.

While many believe that this new policy will give the United States an opportunity to focus on the most serious cases and hard-working immigrants the opportunity to prosper here, others say that Obama is pushing through changes in immigration law that were rejected by lawmakers earlier this year.

What will happen to the hundreds of thousands of immigrants who do not have criminal records? The Obama administration said that some will have their cases suspended indefinitely and that some could even secure work permits.

Immigration Reforms Good News For Binational Gay Couples

Fri, 02 Sep 2011 08:00:00 EST

This month the Obama administration announced an immigration reform that may be good news for hundreds of thousands of immigrants facing deportation from the United States – including those in same sex relationship and same sex marriages.

A new policy will now separate the 300,000 current deportation cases into two categories: high priority and low priority. While high priority cases, such as cases in which an illegal immigrant has a criminal record or other issues, will be treated quickly and to the letter of the law, low priority cases, in which immigrants have earnestly tried to follow the law, could be suspended indefinitely.

This is a welcomed change for a number of couples that face separation because of their homosexuality. As the law stands now, even couples that have legally married in their state are still not recognized as such under the 1996 Defense of Marriage Act and therefore cannot secure U.S. citizenship through marriage like straight couples can. However, the new “prosecutorial discretion” policy would likely label those in same-sex relationships who face deportation as low priority – according to the Obama Administration, these couples have followed immigration laws as closely as possible and except for their gender would have qualified for citizenship.

Diversity Visa Lottery Computer Error Breaks Hearts

Fri, 02 Sep 2011 08:00:00 EST

A mistake by the State Department regarding this year’s diversity green card lottery has tens of thousands of hopeful immigrants left heartbroken and angry. According to officials, a computer glitch is to blame for the error, in which 22,000 people around the world were wrongly notified that they had won the lottery and were one step closer to living permanently in America as citizens.

Each year, the United States runs a diversity visa lottery for the citizens of countries that are not well represented in other forms of immigration to the country. About 15 million people apply, mostly from small countries in Africa, South America, and Europe, while 50,000 are granted permanent visas. For many, it is the only viable option for entering the country, and for many, winning a spot is a dream come true.

This year, however, many dreams were shattered when the government announced that a redraw needed to be conducted after an issue with the computer program caused the selection process to be less random than necessary for fairness. Of the thousands of people who were told that they would enter the final stage of the visa process, 36 have filed a class action lawsuit against the State Department regarding the botched drawing.

House Judiciary Committee Votes To Abolish Diversity Visa Lottery

Fri, 02 Sep 2011 08:00:00 EST

The House Judiciary Committee has voted to abolish the annual diversity lottery – a visa program that allows 50,000 immigrants from countries not well represented in other immigration programs to enter the United States permanently.

Established in 1995, the diversity green card lottery gave many people in smaller countries a chance for permanent residency who had few other ways of entering the country legally – people without family connection in the U.S. or job skills that are needed here. Last year, 15 million people applied for the visas while 50,000 won the opportunity for the green card.

Critics of the diversity lottery say that the country should not be allowing people to cross the border only based on luck – and that America is in no special need of more ethnic diversity. Some even wonder whether the diversity lottery is an invitation for terrorists and foreign spies to enter the country (though no evidence suggests that this has ever happened).

Those who support the continuation of the diversity visa point out that the lottery stands for the American Dream, and that most people who enter the lottery are professionals with college degrees. They also point out that eliminating the diversity visa program is simply another way to increase bias against immigrants and deflect attention away from more important issues in immigration law.

Woman Receives Scam Email Regarding Diversity Immigration Visa Program

Fri, 02 Sep 2011 08:00:00 EST

IrishCentral Staff writer Evelyn Tiernan is just one of an estimated 15 million people who apply for the United States diversity visa each year. The green card, which grants 50,000 people from around the world permanent residency in America based on a lottery, is designed to increase ethnic diversity in the United States and give immigrants from smaller countries a chance to work and live in the U.S.

Teirnan, who had applied for the diversity visa several times in recent years, wanted to move to New York City or perhaps San Francisco – to live the American dream and to follow a few friends who had been lucky enough to secure residency in the past. When she received an email informing her that she had won the lottery and would be given a green card, she was ecstatic. However, a closer look at the email revealed several red flags.

The email, which purported to be from the U.S. State Department, asked her to wire $819 to someone in England for processing fees. The email also stated that upon entry into the United States, the new citizen would be given a job, a place to live, and free health insurance.

Upon investigation, Tiernan found that she could have been the victim of a popular scam, which asks recipients to send fees to scammers under the false pretense that they will receive a green card.

US Policy Shift Will Benefit Immigrant Entrepreneurs

Fri, 02 Sep 2011 08:00:00 EST

With a heavily divided House and Senate, it seemed highly unlikely that significant change could come to help reform some of the big problems in immigration law, especially pertaining to highly skilled foreign workers and overseas entrepreneurs.

However, after meeting with a group of businesspeople, attorneys, and academics in May, U.S. Citizenship and Immigration Services Director Alejandro Mayorkas and Homeland Security Secretary Janet Napolitano announced that they would be making a number of small tweaks to the standing immigration policy that would help out the U.S. economy and the technology sector while not requiring any law changes that would involve Congress.

The first policy change allows H-1B visa holders to work for the company that they start in the United States, as long as they work full-time and as long as they are treated like any other employee of the company. In addition, EB-2 visa applicants with extraordinary abilities or skills can now apply for national interest waivers that could allow them to skip the complicated labor certification process. Finally, the EB-5 immigration visa application process for investors will be expedited so that those investing in U.S. jobs and the U.S. economy will hear back from Immigration in weeks instead of months.

While many are happy about the announced changes, many are concerned that more, larger steps need to be taken to improve the flaws that remain in the immigration process.

Experts: Immigration Reform Should Encourage Foreign Entrepreneurs

Fri, 02 Sep 2011 08:00:00 EST

Earlier in August, the United States Citizen and Immigration Services Director announced that the government would be making several changes to various immigration applications and processes – changes that they hope will improve the ease in which entrepreneurs, highly skilled workers, and those with extraordinary ability can enter and work in the United States. However, many experts on immigration, the economy, and foreign workers, say that more major changes must be made in the future.

Australian entrepreneur Andrew Nicol told his story of fighting against the U.S. immigration system to National Public Radio (NPR). The businessman came to the United States on a student visa and then continued working in the country with the help of an employer sponsor. However, when Nicol wanted to take the next step and begin a new company, there was no way he could continue living in New York. The bright, driven man moved to Chile, where a new government program offers foreign entrepreneurs $40,000 to begin new companies and employ native workers.

He is just one of thousands of entrepreneurs who want to begin business in America but who are choosing other countries with better programs for immigrants. Until the laws are changed, many say, many skilled, smart, talented, and driven people with the biggest new ideas simply can’t easily gain entry into the U.S. and help grow the economy.

San Francisco Immigration Judge Drops Gay Marriage Deportation Case

Fri, 02 Sep 2011 08:00:00 EST

Following President Barack Obama’s announcement that the United States will suspend many low-priority deportation cases and focus their attention on high-priority cases, a binational gay couple outside of San Francisco has learned that they will be able to stay in the city where they live and work.

According to the San Francisco Examiner, 47-year-old Alex Benshimol and 53-year-old Doug Gentry married last year after being partnered for five years. While their marriage is valid in some states, the Defense of Marriage Act makes it impossible for Benshimol to gain a green card and become a United States citizen after marrying an American.

Benshimol is a citizen of Venezuela and was in the process of being deported for overstaying his visa when Obama announced the new immigration policy reform that will take pressure off of otherwise law-abiding and earnest immigrants like Benshimol. Currently, the couples lives in Cathedral City, though they plan to move to San Francisco to open a pet grooming business.

The judge presiding over the deportation case dropped the case on Tuesday after learning of the new policy changes that relaxed enforcement of such cases. The couple told local media that they were relieved to hear the news, though they say that they don’t believe that their struggle is over.

Joe Biden Discusses Visa Reform With Chinese Vice President

Fri, 02 Sep 2011 08:00:00 EST

United States Vice President Joe Biden and China Vice President Xi Jinping discussed immigration visa reform at the most recent Business Roundtable meeting last week. The conversation came just weeks after the Obama administration announced several immigration visa reforms designed to make it easier for skilled workers and entrepreneurs to come to the U.S. and improve the economy.

"I think it's legitimate for Chinese business persons and government officials to point to the dilemma with the American visa process, which I very much want to work on with the vice president," Biden said. He also added that he thought that it should be easier for Chinese businesspeople to travel to the United States and that it is not in the United State’s best interest to continue to make the visa application process difficult for those who could help grow the U.S. economy. While he added that he believed both countries had made progress toward mutually beneficial goals related to visas and immigration, both could do more.

Biden has not been the only federal official concerned with the current United State visa process – a number of high-level administrators have pointed out flaws in the system and lamented how difficult it has been to make more than minor changes.

Current H1B Quota

Wed, 31 Aug 2011 08:00:00 EST

Current H-1B Visa Quota

As can be seen via the link provided, USCIS released current H-1B cap information. As of August 26, 2011 roughly 29,000 out of 65,000 H-1B cap subject visas have been used. To get more information about the H-1B visa please visit our H-1B page and also request a free copy of our H-1B guide.

Obama Halts Deportation of Certain Young Persons

Thu, 18 Aug 2011 08:00:00 EST

Source: New York Times
By ROBERT PEAR
Published: August 18, 2011

WASHINGTON - The Obama administration announced on Thursday that it would generally not deport or expel illegal immigrants who had come to the United States as young children and graduated from high school or served in the armed forces.

White House and immigration officials said they would exercise "prosecutorial discretion" to allow these people to stay in the country while the government focused its enforcement efforts on higher-priority cases involving criminals and people who had flagrantly violated immigration laws.

President Obama is, in effect, doing administratively what he could not persuade Congress to do - allowing the secretary of homeland security to provide relief to a select group of students who are here illegally but show great promise.

Senator Richard J. Durbin of Illinois, the No. 2 Senate Democrat, has argued for a decade that "these young people should not be punished for their parents' mistakes."

White House officials emphasized that they were not granting relief to a whole class of people, but would review cases one by one, using new standards meant to distinguish between low- and high-priority cases.

"The president has said on numerous occasions that it makes no sense to expend our enforcement resources on low-priority cases, such as individuals" who were brought to this country as young children and know no other home, the secretary of homeland security, Janet Napolitano, said in a letter to Mr. Durbin.

Ms. Napolitano said that low-priority cases were "clogging immigration court dockets and diverting enforcement resources away from individuals who pose a threat to public safety."

Mr. Durbin said he believed the new policy would halt the deportation of most people who would qualify for relief under a bill, known as the Dream Act, that he has repeatedly introduced in the last 10 years.

Under the new policy, the government will review 300,000 cases of people in deportation proceedings to identify those who might qualify for relief and those who should be expelled as soon as possible.

White House officials said the new policy would help illegal immigrants with family members in the United States. The White House is interpreting "family" to include partners of gay and bisexual people.

Family Based Immigration News

Mon, 15 Aug 2011 08:00:00 EST

NEW YORK TIMES
By BRIAN KNOWLTON
Published: August 14, 2011

WASHINGTON - A new U.S. visa rule, taking effect Monday, appears likely to substantially lengthen the amount of time that Americans living overseas must wait before bringing along their noncitizen spouses or children if they have to move home quickly for personal or professional reasons, immigration lawyers say.

The U.S. immigration authorities say the new approach, which involves the processing of a visa document known as the I-130, allowing the entry of a citizen's alien relative, will be more "efficient and consistent and centralized"; most applicants abroad will now mail their applications to a central office in Chicago, as Americans in the United States with foreign-national relatives now do. The authorities predict a five-month maximum for processing there; applicants then have to apply to the U.S. State Department for the actual visa.

But the current system for those abroad, which relies on in-person visits to U.S. consular or immigration offices, can take just one to three months, often without a lawyer's services, and with less risk of important documents going astray or of minor problems dragging on, the immigration lawyers say.

"We don't have a current intention to go back," said Wayne Weightman, an immigration consultant who works in Southeast Asia and has a Cambodian wife and adopted children, "but what it's basically done is taken away the ability to return timely if you do need to go back."

Angry expatriates see nothing beneficial about the change, and they maintain that the U.S. agency involved, U.S. Citizenship and Immigration Services, or U.S.C.I.S., did little to alert Americans overseas. "This is like the Berlin Wall coming down in the dead of night, and most people don't know it," Mr. Weightman said.

The immigration agency, in a conference call Wednesday with concerned expatriates, insisted that it had alerted more than 7,000 parties on its electronic mailing lists months ago and posted the change on its Web site and in the Federal Register. But expatriate groups say that no one took the trouble to alert them and that embassy people they have spoken to were equally uninformed.

"The bottom line is, outreach on this issue has been consistent and transparent," said Edna Z. Ruano, an agency spokeswoman. She also said the new mail-based approach would save many Americans having to travel to consulates or embassies abroad.

Expatriate groups, however, contend that the change will mean minor savings for the U.S. government but gross inconvenience and added costs for those it is meant to serve.

"Based on what I've heard, the motivation behind this is efficiency for the U.S.C.I.S., not better service for U.S. citizens," said Meredith Wheeler, an official with Democrats Abroad who lives in Toulouse, France.

The change comes after the State Department billed immigration agency for its I-130 work last year for the first time - a total of $3 million, Ms. Ruano said. In an Aug. 8 memorandum, the agency said it had determined that "it is more cost-effective for U.S.C.I.S. to adjudicate all I-130s, with certain limited exceptions."

The agency will still authorize the State Department to process applications in rare situations - such as medical emergencies, threats to personal safety or some adoptions. But Adam S. Klein of the Office of Policy and Strategy, an arm of the agency, emphasized in the conference call that "very, very few" exceptions would be granted.

The number of Americans involved appears relatively small; slightly more than 24,000 applications were filed abroad in the 2010 fiscal year, and one-third of them were handled by immigration agency field offices, according to the Federal Register. The immigration agency estimates that 10,000 applicants will be affected, Ms. Ruano said.

But among those to be affected will be military veterans living abroad, many with foreign spouses or children. Expatriates say the procedures will impose serious burdens on U.S. companies doing business overseas. "We do see this as a business issue, specifically around the mobility of labor, and as an overall competitiveness issue," said Arian Ardie, a strategic risk consultant in Jakarta. He is a governor of the American Chamber of Commerce in Indonesia, though he said he was speaking in a personal capacity.

Mr. Ardie said U.S. companies would think twice before repatriating an executive with a foreign spouse or adopted child. If his dependents "have to go through what all the immigration lawyers are indicating to be a nine-month to yearlong process," he said, "we could be incurring tens of thousands in expenses while we keep the spouse and child here and the employee goes back."

And Katie Solon, who lives in Austria with her German husband, both of whom work on refugee issues, said that it was "really ridiculous to think NGOs, corporations and international organizations, plan a year out for employee moves."

The immigration agency says that some Americans abroad will still be able to file applications at the agency's overseas field offices. But these immigration offices exist in only 25 countries; there are none in France, Switzerland or Australia, for example.

Some Americans overseas say the U.S. government is trying to "fix" an unbroken system. They say that consular officials, in face-to-face visa interviews, are well-placed to judge cases of fraudulent intent and to understand local documents and languages and to quickly resolve potential problems.

Ms. Solon previously worked as a State Department political officer in Central America. In her early years with that office she had a lot of experience doing immigration interviews.

"It's just a different thing when you sit face to face with somebody than if you read documents," she said. "Especially in developing countries, often documents are not adequate. Spelling may differ, the date of birth may differ by a day or two or by a year. That's very easy for consular people to deal with - they can turn the document right around and ask the person."

Obama, Deportation, and the DREAM Act

Thu, 28 Jul 2011 08:00:00 EST

Here is an excerpt from a CNN article herein below about Obama's record number of deportations and lack of DREAM Act movement:

"The DREAMers are fed up with Obama's double talk, and that is why they're confronting him. They've heard enough pretty words, and now they want hard action. Specifically, they want Obama to use the executive power of the presidency to stop the deportations of DREAM Act students."

I-9 Audits - Silicon Valley News Story

Fri, 22 Jul 2011 08:00:00 EST

Objections to I-9 Audits: In the article provided below, from the Silicon Valley Mercury News, I-9 audits negative impacts are discussed.

OAKLAND -- Bay Area labor unions demanded Wednesday that the Obama administration stop its increased practice of auditing business payrolls to check for illegal immigrant workers.

Using Berkeley-based Pacific Steel and Casting as an example, leaders from several unions said the Immigration and Customs Enforcement is wreaking havoc with immigrant families and local economies by demanding that employers provide it information about its employees.

Known as I-9 audits, investigators check the legal status of employees through the Social Security numbers and green card information the employees supplied to the business when hired. In many cases of illegal immigrants, that documentation is forged and the I-9 audits

can determine who at a workplace is living and working in the country illegally.

ICE drastically increased its use of I-9 audits in 2009 when 1,444 businesses were audited, almost tripling the number audited in 2008, the New York Times reported this week. In 2010, the government audited 2,196 businesses.

Although the audits, in many cases, do not lead to the deportation of a worker, they do force an employer to fire the worker, harming the company, the worker and the economy, labor leaders said.

"These are silent raids," said Oakland Councilman Ignacio De La Fuente, who also is the vice president of the Glass, Molders, Pottery, Plastics, and Allied Workers International Union. "We know that this country was built by immigrants.

These workers should have some rights."

Even employers are not pleased with the audits; many have said they disrupt production and, in some cases, force out key workers who have become valuable to the organization.

"It's terribly disruptive," said Elisabeth Jewel, a spokeswoman for Pacific Steel and Casting. "We have highly trained employees and to lose them is very damaging."

Pacific Steel and Casting was first notified that it was to be audited in late February when ICE sent a letter seeking information on the steel foundry's 550 employees. The company complied but has yet to hear back from the government.

In the meantime, the Alameda County Labor Council began lobbying local politicians to object to the increase I-9 raids. The group successfully won resolutions from the Berkeley and Oakland city councils that condemn the audits.

De La Fuente said he expects that 100 to 200 employees at Pacific Steel could lose their jobs as a result of the audit.

Proposed Criminalization of Undocumented Persons Economically Irresponsible

Thu, 21 Jul 2011 08:00:00 EST

Proposed criminalization of undocumented persons and 'harboring' is unjust and economically irresponsible. In this Anniston Star article, a blurb of which is provided below, a great issue is raised relating to the economic impact that enforcement of recently proposed state legislation, aiming to criminalize being an undocumented immigrant and in some cases 'harboring' undocumented immigrants, would have on states.

Source: The Anniston Star, by Tim Lockett

If Alabama's new immigration law never takes effect, prosecutors and court officials across the state might just breathe a sigh of relief.

The new law - a sweeping bill that establishes criminal penalties for being an undocumented immigrant, or for hiring or transporting one - could add substantially to the docket in some criminal courts. With the state's judicial system facing $13.2 million in cuts this year and circuit courts across the state planning to lay off workers, officials say they don't know how they're going to pay for enforcement of the new law.

"I don't know what the costs are going to be," said Calhoun County District Attorney Brian McVeigh. "And I don't know how we will pay for them."

Read more: Anniston Star - State's new immigration law would strain budgets

Senator Chuck Schumer Advocating Immigration Reform

Wed, 20 Jul 2011 08:00:00 EST

As provided in the Politico article below, Sen. Schumer is making an effort focus on immigration as a job creator to help push legislation. This is one of the major strengths of arguing for reforms in legislation to ensure that the U.S. encourages future leaders in business and other industries to enter the U.S.

Source: http://www.politico.com/news/stories/0711/59311.html#ixzz1SfUtN5Jy

Sen. Chuck Schumer is attempting to revive moribund efforts to pass a comprehensive immigration bill, telling POLITICO Monday that he will hold a hearing next week focused on the economic argument for an immigration overhaul.

It's a subtle shift in emphasis for immigration reform advocates, who met recently with Schumer (D-N.Y.) to plot a strategy.

"We decided we ought to start highlighting the fact that immigration creates jobs rather than takes them away," Schumer, the No. 3 Senate leader, said in an interview. "Everyone agreed that is how we are going to start talking about immigration, as a job creator."

The change in emphasis capitalizes on an all-consuming focus in Washington on the economy. President Barack Obama spent several weeks in the spring pushing for immigration reform, including a speech that highlighted the economic benefits, but the issue has been overshadowed by budget negotiations and stalled by a Republican-controlled House.

The dismal job reports have also soured efforts to pass a bill that would allow the country's estimated 11 million illegal immigrants to earn citizenship. The Center for Immigration Studies, which favors stricter immigration rules, released a report last month pointing to the rising unemployment rate as an argument for a further crackdown on illegal immigration.

But Schumer, chairman of the Judiciary Committee's immigration subcommittee, said the July 26 hearing will argue the economic upside to immigration. Schumer is calling in business leaders to talk about the need for more highly skilled workers and mayors whose local economies have benefited from an influx of lower-skilled immigrants.

The witnesses includes NASDAQ chief Robert Greifield, Cornell University President David Skorton, Microsoft General Counsel Brad Smith, and Amgen medical director Puneet Arora, who is testifying in his role as a leader of Immigration Voice, which favors boosting legal immigration of high-skilled workers. The second panel will include testimony from the mayors of Utica, N.Y., Lewiston, Maine, and Uvalda, Ga.

"Our immigration talks are moving along, and surprisingly well and regularly," said Schumer, the Senate Democratic point person on the issue. "Immigration is a rough road and I'm making no predictions, but (the talks) are clearly not dead."

Read more: http://www.politico.com/news/stories/0711/59311.html#ixzz1SfUtN5Jy

Obama Supporting Visas for Entrepreneurs?

Thu, 07 Jul 2011 08:00:00 EST

Excerpt taken from the FirstPost.Economy news article linked herein:

Obama on immigrant entrepreneurs

After addressing a few questions about the debt ceiling and the cost of education (see the entire transcript here), Obama received a question about immigrant entrepreneurs: "Immigrant entrepreneurs can build companies and create jobs for US workers. Will you support a startup visa program?"

Obama responded by saying that immigrant entrepreneurs needed to be supported in the US through various policy reforms, including a streamlined visa system:

...we're working with the business community as well as the entrepreneurial community to figure out are there ways that we can streamline the visa system so if you are studying here, you've got a PhD in computer science or you've got a PhD in engineering, and you say I'm ready to invest in the United States, create jobs in the United States, then we are able to say to you, we want you to stay here.

... We've got an immigration system that's broken right now, where too many folks are breaking the law but also our laws make it too hard for talented people to contribute and be part of our society. ...we need comprehensive immigration reform, part of which would allow entrepreneurs and high-skilled individuals to stay here - because we want to be attracting that talent here.

U.K. Musician O Visa Struggles

Fri, 01 Jul 2011 08:00:00 EST

This article highlights the current status of O visa processing. It often makes the process far simpler and more efficient to have trusted immigration lawyers on your side to present as solid a case to the U.S. immigration service. Our O visa lawyers have a lot of experience in this field. Feel free to contact Attorney Hendrik Pretorius today!

From the Beatles to the White Stripes, there has long been a thriving musical exchange between the UK and the US. Now though, the trans-Atlantic trade in bands could be turning into a one-way street due to increasingly restrictive US visa laws, according to punk rocker and journalist John Robb.

The Membranes founder member and current Goldblade frontman has teamed up with opposition Labour MP Kerry McCarthy to highlight the problems faced by UK groups thanks to the complex and costly visa application process and demand that the government push for more leniency on the part of the Americans.

"In the past few years the American visa situation has tightened up and become far more expensive," Robb said. "We have a situation where getting a British group into America can cost up to £2,700 ($4,400), and that's not counting travel and accommodation expenses for bands outside London who have to travel for the 8AM London American Embassy interview. The forms that have to be filled in are very difficult to understand and lots of money has to be spent on an American agency processing [them]."

Robb and McCarthy will meet Tory Culture Minister Ed Vaizey next week to argue their case, the NME reports. McCarthy, who spoke about the issue in Parliament in March, hopes the government will pressure the US Embassy and immigration services to rethink their current policy towards British musicians.

Post Sept. 11 changes to US work visa rules have seen last minute tour cancellations become a regular feature for bands hoping to perform shows in the US. Glasvegas, Guillemots' Fyfe Dangerfield, the Pipettes, the Mystery Jets and Speech Debelle are among the many UK artists who have been forced to nix or rearrange planned stateside trips in recent years.

"American bands find it far cheaper and easier to travel and work in the UK," argued Robb, whose campaign is being backed by the Musicians' Union, the Association Of Independent Music and the Association Of British Orchestras. "What we need is a fairer and friendlier system that will break down the barriers, and let us do what we do, which is play music."

New Life for DREAMAct?

Thu, 30 Jun 2011 08:00:00 EST

Editor's note: Ruben Navarrette Jr. is a CNN.com contributor and a nationally syndicated columnist.

San Diego, California (CNN) -- About once a month, I'll hear from an illegal immigrant who wants to go to Harvard.

Imagine an undocumented high school student who won't let a little thing like not being in the country legally stop him from applying to a top university. Those who set their sights on Harvard will often seek me out for advice because, almost 20 years ago, I wrote a book about being a Latino student there.

These young people with big plans but no documents are called "Dreamers" -- potential beneficiaries of the DREAM Act, which would give legal status to illegal immigrant students who attend college or join the military.

The bill was scuttled during the lame duck session in December when five conservative Senate Democrats -- Jon Tester, Max Baucus, Kay Hagan, Ben Nelson, and Mark Pryor -- bolted from their party to vote against cloture.

Or perhaps the senators had permission to bolt because, despite promises to Latino voters, Democrats really seem to have no interest in passing the DREAM Act and having it hung around their neck in future elections. Democrats want it both ways. They want to thwart the bill while making it look as if Republicans are to blame.

This is fine with the GOP, which seems to enjoy playing the role of villain on immigration because it helps stir up the base. On this topic, Republicans say the craziest things.

Take Rep. Lamar Smith, R-Texas, who -- as Chairman of the House Judiciary Committee -- is pushing for enforcement of immigration laws. He prefers the kind of enforcement that doesn't inconvenience employers, business, the U.S. Chamber of Commerce or anyone who contributes to Republican re-election campaigns. The San Antonio Congressman is a tough guy who only picks fights with the weak and vulnerable.

Last month, Smith told The Associated Press that the DREAM Act represented "amnesty for up to 2 million people." When I wrote a column suggesting that he didn't understand the term because "amnesty" is something for nothing and the DREAM Act is a quid pro quo, Smith dug himself in deeper.

"The definition of amnesty," Smith wrote in a letter to newspapers that run my column, "is 'the act of a government by which pardon is granted to a large number of individuals.' And legalizing millions of illegal immigrants is just that: a pardon for violating our immigration laws. If we give amnesty to illegal immigrants who deliberately disregarded our immigration laws, it sends the message that we do not take our laws seriously."

So a young person who was brought here as a child by his parents has "disregarded our immigration laws?" Should we consider this person a criminal seeking a "pardon?"

And is this absurdity now the official position of the Republican Party?

We might soon find out now that the DREAM Act is back on the agenda. This week, the bill got its first hearing before the Senate Judiciary Committee.

In attendance was America's most famous illegal immigrant: Pulitzer Prize-winning journalist Jose Antonio Vargas, who recently revealed himself to be an undocumented immigrant from the Philippines in an essay for the New York Times and in ensuing media interviews.

Vargas wants to be the voice of the illegal immigrant community in the United States. He created an organization, Define American, to push for comprehensive immigration reform. But I bet what DREAM Act supporters really want is for him to be the face of their movement. Here you have an accomplished young man who has worked hard and made a substantial contribution to his profession and society as a whole.

Frankly, I'm not sure linking together the journalist and the DREAM Act is such a hot idea. Vargas is not a high school student on his way to college; he's a professional. Besides, parts of his story don't reflect well on him.

I found a better story. I recently met a young girl who I'll call "Karina." About to start her senior year at a high school in San Diego, she's doing what many of her friends are doing: taking the SAT, preparing her college essay, making a list of schools to which she wants to apply, etc. Harvard is on the list.

Yet traveling is an issue. She can't fly on an airplane. She doesn't have a driver's license. Karina is in the country illegally. She was sent here as a child and raised by relatives while her parents stayed in Mexico.

Immigration restrictionists would tell Karina to go home, but this is her home. She isn't lying about her status to colleges, or using a fake Social Security to get financial aid. She's looking for scholarships.

By contrast, Vargas lied to employers, used fake documents, and put colleagues who helped him and kept his secret in a tight spot.

DREAM Act supporters obviously thought that having him at the hearing would bring attention. It did. But it also clouds the issue. Vargas wasn't a Dreamer. He was a schemer.

Young people like Karina obviously know how to aim high. When looking for role models, they can do better.

The opinions expressed in this commentary are solely those of Ruben Navarrette Jr.

New Jersey Immigration Court Administratively Closes Removal Proceedings for Same Sex Couples

Thu, 30 Jun 2011 08:00:00 EST

(CNN) -- Federal authorities have stopped the deportation of a gay immigrant legally married to a United States citizen.

In a shift of policy, immigration officials are now given the leeway to study the merits of individual cases.

Venezuelan Henry Velandia came to the United States almost a decade ago to dance. The 27-year-old salsa dancer met American Josh Vandiver five years ago. The New Jersey couple legally married in Connecticut less than a year ago.

In 2009, with the support of a sponsor and before his marriage, Velandia applied for a green card. But instead of obtaining legal residency, Immigration and Customs Enforcement (ICE) started a deportation process.

"I thought my world was crumbling," said Velandia. His spouse, Vandiver, said "the only reason the federal government was not recognizing the marriage was the Defense of the Marriage Act."

The Defense of Marriage Act (DOMA) was signed into law in 1996. It protects the legal parameters surrounding the definition of marriage at the federal level, which recognizes the union as a man and a woman.

While President Barack Obama has repeatedly said the executive branch does not support DOMA, federal agencies continue to enforce it.

With the help of immigration lawyers Lavi Soloway and Noemi Masliah, the couple began an effort to halt the deportation. Soloway has said the federal agency should focus on deporting dangerous criminals instead of separating families. He asked for prosecutorial discretion.

Velandia has since appeared in several immigration hearings and, on May 6, was granted a temporary 7-month reprieve from deportation.

The presiding judge said the decision was made on the basis of his marriage and on a spousal petition that Vandiver filed.

Soloway indicated that on June 9, Newark, New Jersey, chief counsel Jane Minichiello said ICE had "reconsidered the request and decided to move for Administrative Closure because this case was not an enforcement priority at this time."

It was not until June 29 that attorneys Soloway and Masliah actually received the judge's order terminating Velandia's removal proceedings.

"We are celebrating the future we just got now that my deportation was stopped," said Velandia. "We had this enormous burden over us that my husband of less than a year would be taken away from me and we'd be torn apart. Now we are celebrating that we get to be together indefinitely in this country," added Vandiver.

John Morton, director of ICE, recently recommended in a memo that officials use "prosecutorial discretion" in specific cases. ICE emphasizes that its priority is to focus on dangerous criminals.

This decision could set a precedent for thousands of gay couples.

A study from UCLA estimates that about 36,000 gay couples are made up of a U.S. citizen and a non-citizen. Some activist groups in favor of same sex marriage believe the number could be higher.

The decision does not grant Velandia legal permanent residence, but the couple says it buys them time to keep fighting for their cause and other same-sex couples.

"Couples who love each other should stay together," said Velandia.

MercuryNews EB-5 Story

Wed, 29 Jun 2011 08:00:00 EST

WATSONVILLE - For decades poverty-stricken immigrants have come to Watsonville to work in the surrounding strawberry fields.

Tuesday, the city took a step toward attracting more well-heeled foreigners - or at least their money.

The City Council on a 4-1 vote agreed to support a program that enables foreign-born investors to obtain green cards in exchange for funding commercial ventures in the United States.
"I don't see a downside," said Councilman Lowell Hurst. "It attracts wealth and creates jobs."

The two-decade-old EB-5 Visa program requires an investment of $1 million in a project that creates at least 10 jobs. But in areas of high unemployment, such as Watsonville, the required financial stake is cut in half.

The program offers potential immigrants a path to permanent residency and citizenship if after two years they can prove the jobs are permanent.

The council's vote was in support of creation of the California Sunshine Regional Center, which would market the program to investors, primarily in Asia, and pool proceeds to fund projects in six counties: Santa Cruz, San Mateo, Santa Clara, Merced, Alameda and San Joaquin.

There are more than 240 centers across the United States, but none covering Santa Cruz County.

Federal officials must approve the creation of the center, and Watsonville's 27 percent unemployment rate is expected to be a point in its favor.

City Economic Development Manager Kurt Overmeyer said investment isn't guaranteed but participation provides the city with another tool to generate business activity. Being named in the application with specific projects will give the city a leg up, he said.

City projects could include development of the Manabe-Ow business park off Ohlone Parkway or in the downtown, conversion of the former Metro bus depot at Sakata Lane to commercial purposes, or reuse of a former aluminum manufacturing facility on Lee Road.

Councilman Manuel Bersamin and Councilwoman Nancy Bilicich were not present for the vote.

Vice Mayor Eduardo Montesino dissented, saying the program unfairly favored some immigrants.

"I am an immigrant," Montesino said. "People are put in the front of the line just because they have money to invest. It is a principle I would not support."

Councilman Oscar Rios, also an immigrant, said he understood Montesino's position, but Watsonville needs jobs.

"This is an effort to stimulate the economy," Rios said. "I talk to a lot of people who are barely surviving. They are losing jobs and barely making it.

Source: MercuryNews.com, http://www.mercurynews.com/central-coast/ci_18275784.