The Department of Labor is now processing some labor certifications in a matter of a few months. Many older cases remain pending while new filings are quickly decided. We recently assisted a client with a labor certification proving worker shortage for a technology worker. The application was granted in 60 days.
Now we are preparing the I-140 petition and adjustment of status papers to file with the USCIS. Many petitions and applications are processed in 3 to 6 months, but not all cases will be processed as quickly.
For a step-by-step explanation of the labor certification process see www.aboutvisas.com.
Martin
Wednesday, June 30, 2010
EB-5 Processing Times
Today the USCIS is quickly processing many EB-5 investor green card cases. Our most recent I-526 petition (first step) was approved in about 3½ months. Our two most recent applicants for adjustment of status to permanent resident (second step) were approved in about 6 weeks. It takes time to assemble the documents and file the applications. Overall, these cases were granted from investment to permanent residence in less than 7 months. Other case may take longer. It will also take longer for those obtaining an immigrant visa at an American consul overseas. For a flowchart of the process see my web page www.aboutvisas.com and click on EB-5 Investor Green Card.
Martin
Martin
Thursday, June 17, 2010
EB-5 Stakeholder's Call
USCIS held an EB-5 stakeholder’s call yesterday. There were a few interesting comments.
1. So far in 8 months (Oct. 1, 2009 to May 30, 2010) this fiscal year, more EB-5 visa applications have been filed than were filed all last year.
2. Regional Centers will be required to file annual reports.
3. Expediting I-526 forms will not be permitted with a premium processing fee as with many other applications.
4. The economist at USCIS likes the RIMS II multiplier model.
5. The Regional Center and the Regional Center’s project’s investment must be in the TEA. This is completely new and shocking as this has never been required.
Overall, USCIS refused to answer many questions claiming they were too case specific. USCIS again was not very helpful.
Martin
1. So far in 8 months (Oct. 1, 2009 to May 30, 2010) this fiscal year, more EB-5 visa applications have been filed than were filed all last year.
2. Regional Centers will be required to file annual reports.
3. Expediting I-526 forms will not be permitted with a premium processing fee as with many other applications.
4. The economist at USCIS likes the RIMS II multiplier model.
5. The Regional Center and the Regional Center’s project’s investment must be in the TEA. This is completely new and shocking as this has never been required.
Overall, USCIS refused to answer many questions claiming they were too case specific. USCIS again was not very helpful.
Martin
Wednesday, June 16, 2010
EB-5 Investor Green Cards
The invested funds must be “at risk,” which means they must be subject to loss if the business in which they are invested fails. The capital may not be loaned to the enterprise. A Regional Center may, however, loan the funds to a project or business. The funds must be fully invested in the enterprise before the first EB-5 visa petition (Form I-526) is filed.
For more details see my web page www.aboutvisas.com.
Martin
For more details see my web page www.aboutvisas.com.
Martin
Fast EB-5 Investor Green Card Adjustment of Status
The EB-5 investor permanent residence process involves approval of a visa petition, after which one pursues an immigrant visa via the National Visa Center and American Consul in one’s homeland. If in the United States and eligible, one may apply here for “adjustment of status” (i.e., change from a work or student visa to permanent resident). Recently, USCIS has been processing our EB-5 adjustment cases in less than 60 days! This may slow down. Many of our EB-5 cases are being processed in 7-8 months from filing to conditional permanent residence.
Martin
Martin
Tuesday, June 15, 2010
EB-5 Investor Green Card
CNBC News ran a good story about the EB-5 investor visa. I was interviewed with one of my EB-5 clients. The link is http://classic.cnbc.com/id/37357190.
EB-5 investor visas allow one to immigrate in about one year, usually with an investment of about $525,000. One can create their own business or invest in a limited partnership. I can send you a list of the limited partnerships, called Regional Centers.
In both cases, 10 jobs must be created. For more information see my web page www.aboutvisas.com and click on “EB-5 Investor Green Card” at the top, or see the CNBC story. They did a good job in summarizing the requirements.
Here are some statistics on EB-5 cases:
EB-5 immigrants:
2009 – 4,191
2008 – 1,443
2007 – 793
Regards,
Martin
EB-5 investor visas allow one to immigrate in about one year, usually with an investment of about $525,000. One can create their own business or invest in a limited partnership. I can send you a list of the limited partnerships, called Regional Centers.
In both cases, 10 jobs must be created. For more information see my web page www.aboutvisas.com and click on “EB-5 Investor Green Card” at the top, or see the CNBC story. They did a good job in summarizing the requirements.
Here are some statistics on EB-5 cases:
EB-5 immigrants:
2009 – 4,191
2008 – 1,443
2007 – 793
Regards,
Martin
Thursday, June 10, 2010
The USCIS published notice that it proposes to raise the fees it charges on EB-5 investor visa applications to removal conditional residence (Form I-829) to $3,655.00. The current fee is $2,855.00.
USCIS also proposes for the first time to charge a filing fee for an application for a developer to operate a regional center in which EB-5 applicants may invest. The proposed fee is $6,230.00.
The new proposed fee increase notice also indicates a rule will be published providing for reports to maintain EB-5 regional center status.
Martin
USCIS also proposes for the first time to charge a filing fee for an application for a developer to operate a regional center in which EB-5 applicants may invest. The proposed fee is $6,230.00.
The new proposed fee increase notice also indicates a rule will be published providing for reports to maintain EB-5 regional center status.
Martin
Monday, June 7, 2010
Extraordinary Ability Green Cards
Extraordinary ability green card cases can be approved by USCIS in about 6 months, although they can take longer.
Preparing a winning case involves thorough preparation and documentation. Here are a few examples of our recent successful cases:
- Dr. B is a chemist. He edits a journal, speaks at conferences, has published 20 journal articles and has about 6 patents. He works in an interesting area which is clearly beneficial to the U.S.
- Dr. C is a cancer researcher with about 15 journal articles. Her first case prepared by another attorney was denied. We reworked the case, and with a new patent application, the case was granted.
- Dr. K is a recent Ph.D. graduate. He had a few journal articles and a number of patents pending for a new medical device. He also reviews other articles for four journals. His EB-1 petition was supported by excellent reference letters.
A self-petition per the EB-1 has many advantages: no employer sponsor is needed; there are visa numbers available; no labor shortage to be proven to the Department of Labor. We file many of these applications. Keep in mind, each case is different and must be carefully analyzed.
Martin Lawler
Preparing a winning case involves thorough preparation and documentation. Here are a few examples of our recent successful cases:
- Dr. B is a chemist. He edits a journal, speaks at conferences, has published 20 journal articles and has about 6 patents. He works in an interesting area which is clearly beneficial to the U.S.
- Dr. C is a cancer researcher with about 15 journal articles. Her first case prepared by another attorney was denied. We reworked the case, and with a new patent application, the case was granted.
- Dr. K is a recent Ph.D. graduate. He had a few journal articles and a number of patents pending for a new medical device. He also reviews other articles for four journals. His EB-1 petition was supported by excellent reference letters.
A self-petition per the EB-1 has many advantages: no employer sponsor is needed; there are visa numbers available; no labor shortage to be proven to the Department of Labor. We file many of these applications. Keep in mind, each case is different and must be carefully analyzed.
Martin Lawler
CNBC
CNBC’s interview of me ran on May 26, 2010, about EB-5 investor visas. CNBC also interviewed one of my EB-5 clients who set up a software company.
EB-5 green cards usually involve an investment of $525,000. Most are granted conditional green cards in a year. For details see www.aboutvisas.com. The link to the CNBC interview is http://classic.cnbc.com/id/37357190.
Martin
EB-5 green cards usually involve an investment of $525,000. Most are granted conditional green cards in a year. For details see www.aboutvisas.com. The link to the CNBC interview is http://classic.cnbc.com/id/37357190.
Martin
Friday, June 4, 2010
Visa Fees
Petition-based Visas:
• H Visa – Temporary Work Visa: $150
• L Visa – Intra-company transferees: $150
• O or P Visa – Persons with extraordinary ability in Sciences, Arts, Education, Business or Athletics: $150
• Q Visa – Visa International Cultural Exchange: $150
• R Visa – Visa Religious Worker: $150
• K Visa – Fiancé(e) visa: $350
Non-Petition-based Visas:
• A/G/C-3 Visa – Diplomatic, Government Official/Employees of an International Organization/Diplomatic, Official Transit Visas: No Fee
• B-1 Visa – Business visitors, Domestic Employees: $140
• B-2 Visa – Holiday, tourism, medical treatment: $140
• C Visa – Transiting the United States: $140
• D Visa – Crewmembers working on air or sea carriers: $140
• F-1/M-1 Visa – Students: academic & vocational: $140
• I Visa – Journalists & Members of the Media: $140
• J-1 Visa – Exchange Visitor, Academics, Au-pairs, Interns: $140
• E-1/E-2 Visa – Treaty Trader/Investor: $390
• E-3 Visa – Australian professional specialty: $390
• H Visa – Temporary Work Visa: $150
• L Visa – Intra-company transferees: $150
• O or P Visa – Persons with extraordinary ability in Sciences, Arts, Education, Business or Athletics: $150
• Q Visa – Visa International Cultural Exchange: $150
• R Visa – Visa Religious Worker: $150
• K Visa – Fiancé(e) visa: $350
Non-Petition-based Visas:
• A/G/C-3 Visa – Diplomatic, Government Official/Employees of an International Organization/Diplomatic, Official Transit Visas: No Fee
• B-1 Visa – Business visitors, Domestic Employees: $140
• B-2 Visa – Holiday, tourism, medical treatment: $140
• C Visa – Transiting the United States: $140
• D Visa – Crewmembers working on air or sea carriers: $140
• F-1/M-1 Visa – Students: academic & vocational: $140
• I Visa – Journalists & Members of the Media: $140
• J-1 Visa – Exchange Visitor, Academics, Au-pairs, Interns: $140
• E-1/E-2 Visa – Treaty Trader/Investor: $390
• E-3 Visa – Australian professional specialty: $390
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