Individuals may wish to apply for an EB-5 green card based on a $500,000 or $1 million investment in their own business (as opposed to a regional center). They need to have an accountant who works closely with immigration counsel to ensure the investment is reported properly on the business and individual’s tax returns.
Individual EB-5 petitions require considerable documentation of the enterprise’s activities and job creation.
Tuesday, May 5, 2009
Wednesday, April 22, 2009
Ankle Bracelet
Often people arrested by the immigration police are released from custody after placement of an electric monitor on the person’s ankle. This is commonly referred to as an ankle bracelet.
The monitor placed on an ankle is uncomfortable, cannot be removed for washing, and is anything but pretty. It is definitely not a “bracelet.”
Assigning deceptively pleasant words to bad things is a marketing ploy often adopted by the government and continued by the press. For example, genocide and mass slaughter which are anything but clean are called “ethnic cleansing,” and wars are called “conflicts” as though they were domestic spats.
I suggest electronic monitors be called “electronic cuffs” or “electronic ankle shackles” or “electronic shackles.”
I am aware wearing an electronic shackle beats going to jail but language matters, at least sometimes.
Regards,
Martin
The monitor placed on an ankle is uncomfortable, cannot be removed for washing, and is anything but pretty. It is definitely not a “bracelet.”
Assigning deceptively pleasant words to bad things is a marketing ploy often adopted by the government and continued by the press. For example, genocide and mass slaughter which are anything but clean are called “ethnic cleansing,” and wars are called “conflicts” as though they were domestic spats.
I suggest electronic monitors be called “electronic cuffs” or “electronic ankle shackles” or “electronic shackles.”
I am aware wearing an electronic shackle beats going to jail but language matters, at least sometimes.
Regards,
Martin
Friday, April 10, 2009
Good News – H-1B Cap Not Reached
USCIS has announced that the H-1B visa cap of 65,000 visas, and the 20,000 for U.S. advanced (Ph.D., Master’s) degrees, has not been reached. This means that all applications properly submitted through April 7th will be accepted and adjudicated (and there will be no lottery for these applications). Further, there is time remaining in which to submit new applications.
USCIS says almost all the 20,000 advanced degree visa numbers have been used, but only about half of the 65,000 used.
Initially, rumor was that the cap would be reached on April 7th but this has turned out not to be so. Last year 163,000 applications were received in the first five business days of April.
As a reminder, regardless of when decided new H-1B’s will not be valid until October 1, 2009 at the earliest.
As we have more information we will let you know.
Martin
USCIS says almost all the 20,000 advanced degree visa numbers have been used, but only about half of the 65,000 used.
Initially, rumor was that the cap would be reached on April 7th but this has turned out not to be so. Last year 163,000 applications were received in the first five business days of April.
As a reminder, regardless of when decided new H-1B’s will not be valid until October 1, 2009 at the earliest.
As we have more information we will let you know.
Martin
Friday, February 27, 2009
Wanted: A Few Good Immigrants for the U.S. Military in Exchange for U.S. Citizenship
On February 15, 2009, the New York Times reports:
"The Army’s one-year pilot program will begin in New York City to recruit about 550 temporary immigrants who speak one or more of 35 languages, including Arabic, Chinese, Hindi, Igbo (a tongue spoken in Nigeria), Kurdish, Nepalese, Pashto, Russian and Tamil. Spanish speakers are not eligible. The Army’s program will also include about 300 medical professionals to be recruited nationwide. Recruiting will start after Department of Homeland Security officials update an immigration rule in coming days."
Pentagon officials expect that the lure of accelerated citizenship will be powerful. Under a statute invoked in 2002 by the Bush administration, immigrants who serve in the military can apply to become citizens on the first day of active service, and they can take the oath in as little as six months." http://www.nytimes.com/2009/02/15/us/15immig.html?scp=3&sq=immigrants&st=cse
FYI, the U.S. military has always had authority in wars to enlist nonimmigrants and people who entered illegally.
"The Army’s one-year pilot program will begin in New York City to recruit about 550 temporary immigrants who speak one or more of 35 languages, including Arabic, Chinese, Hindi, Igbo (a tongue spoken in Nigeria), Kurdish, Nepalese, Pashto, Russian and Tamil. Spanish speakers are not eligible. The Army’s program will also include about 300 medical professionals to be recruited nationwide. Recruiting will start after Department of Homeland Security officials update an immigration rule in coming days."
Pentagon officials expect that the lure of accelerated citizenship will be powerful. Under a statute invoked in 2002 by the Bush administration, immigrants who serve in the military can apply to become citizens on the first day of active service, and they can take the oath in as little as six months." http://www.nytimes.com/2009/02/15/us/15immig.html?scp=3&sq=immigrants&st=cse
FYI, the U.S. military has always had authority in wars to enlist nonimmigrants and people who entered illegally.
Monday, February 23, 2009
Naturalization
Naturalization applicants in San Francisco are now swearing in as U.S. citizens in Oakland. All ceremonies will now take place at the Paramount Theatre in Oakland.
Naturalization applications are currently taking about three to four months to process in San Francisco. San Jose office processing time is approximately four to five months.
The USCIS has a new set of naturalization questions – a little harder than in the past but they are similar.
Martin
Naturalization applications are currently taking about three to four months to process in San Francisco. San Jose office processing time is approximately four to five months.
The USCIS has a new set of naturalization questions – a little harder than in the past but they are similar.
Martin
Friday, February 20, 2009
Investor Visas
Individuals who seek to apply for green cards as an EB-5 investor based on their $500,000 or $1 million investment in their own business (as opposed to a regional center) should choose a business accountant carefully to work with the individual’s immigration attorney. The primary evidence that the government will look at to determine if the individual has invested the requisite $500,000 or $1 million is the business’s tax returns. Often accountants try to lower the business’s taxes by classifying the individual’s contributions to the business in ways which may be good for taxes but in doing so may hurt the individual’s EB-5 application. For more information on investor visas see www.aboutvisas.com.
Martin
Martin
Thursday, February 19, 2009
H-1B Dance
Possible strategy tip:
The government rules say that one may extend H-1B status beyond the 6 year limit if a labor certification is filed for a green card before the end of the 5th year of H-1B status. If one decides to apply for a labor certification and it cannot get on file before the end of the 5th year, one alternative is for the foreign national to depart the U.S. before the end of the 5th year for a few weeks or months until the labor certification is filed and then return. Time out of the U.S. will not count toward the 6 years. Thus, if this dance is done in time, it will preserve the ability to extend the H-1B beyond the 6 year limit.
Martin
The government rules say that one may extend H-1B status beyond the 6 year limit if a labor certification is filed for a green card before the end of the 5th year of H-1B status. If one decides to apply for a labor certification and it cannot get on file before the end of the 5th year, one alternative is for the foreign national to depart the U.S. before the end of the 5th year for a few weeks or months until the labor certification is filed and then return. Time out of the U.S. will not count toward the 6 years. Thus, if this dance is done in time, it will preserve the ability to extend the H-1B beyond the 6 year limit.
Martin
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