News from the Alliance of Business Immigration Lawyers Vol. 6, No. 5B • May 15, 2010

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Headlines:

1. Can Immigration Law Be REPAIRed? Some Senators Think So – Under the Democrats’ REPAIR (Real Enforcement with Practical Answers for Immigration Reform) proposal, a green card would be available immediately to foreign students with an advanced degree from a U.S. institution in a field of science, technology, engineering, or mathematics with an offer of employment from a U.S. employer in a related field.

2. USCIS Redesigns Green Card – USCIS will replace green cards already in circulation as individuals apply for renewal or replacement.

3. State Dept. Proposes Expanded Safety Measures for Secondary School Exchange Programs – Calling for an accelerated timetable for the proposed rule and the comment period, the Department noted that a number of recent incidents with respect to student placement and oversight demand immediate attention.

4. USCIS Extends TPS Designations for Honduras, Nicaragua – The extension of the TPS designation of both countries is effective July 6, 2010, and will remain in effect through January 5, 2012; the re-registration period ends on July 6, 2010.

5. Recent News From ABIL Members – Recent News From ABIL Members

6. Government Agency Links – Government Agency Links

Details:

1. Can Immigration Law Be REPAIRed? Some Senators Think So

Several Democratic senators recently announced a 26-page “framework of concrete bipartisan ideas” for immigration reform, called REPAIR (Real Enforcement with Practical Answers for Immigration Reform). The proposal by Sens. Harry Reid (D-Nev.), Richard Durbin (D-Ill.), Charles Schumer (D-N.Y.), Patrick Leahy (D-Vt.), Dianne Feinstein (D-Cal.), and Robert Menendez (D-N.J.), calls for increasing enforcement, border security, and verification resources and efforts, along with expanded employment measures. Under the proposal, a green card (permanent residence) would be “immediately available” to foreign students with an advanced degree from a U.S. institution in a field of science, technology, engineering, or mathematics who has an offer of employment from a U.S. employer in a related field. To address the fact that “workers from some countries face unreasonably long backlogs that have no responsiveness to America’s economic needs,” the proposal eliminates the per-country employment immigration caps. Also, the EB-5 program would be made permanent and adapted to increase foreign investment in the U.S.

Among other things, the proposal would create a new “BELIEVE” (Biometric Enrollment, Locally-stored Information, and Electronic Verification of Employment) system and a provisional H-2C visa for nonseasonal, nonagricultural workers. Workers in the H-2C program would be permitted to earn lawful permanent residence if they met “sufficient integration metrics to demonstrate that they have successfully become part of the American economy and society.”

The proposal would amend current law regarding H-1B employer application requirements to: (1) revise wage determination requirements; (2) require Internet posting and description of employment positions; (3) increase U.S. worker displacement protections; (4) apply certain requirements to all H-1B employers rather than just to H-1B dependent employers; (5) prohibit employer advertising that makes a position available only to, or gives priority to, H-1B nonimmigrants; and (6) limit the number of H-1B and L-1 employees that an employer of 50 or more workers in the U.S. may hire. The proposal also would authorize the Department of Labor to investigate applications for fraud, and conduct H-1B compliance audits.

“I say to my Republican colleagues, work with us to fix this broken system, don’t just say no,” Sen. Reid pleaded. Although Senate Democrats called the outline bipartisan, Republicans criticized the proposal. Sens. Lindsey Graham (R-S.C.) and Jon Kyl (R-Ariz.) said in a statement that “Congress should focus on border security first.” Rep. John Boehner (R-Ohio) called the proposal a “cynical ploy to try to engage voters, some segment of voters, to show up in this November’s elections.”

House Speaker Nancy Pelosi (D-Cal.) said, “If there is going to be any movement in this regard, it will require presidential leadership.” President Barack Obama was quoted as saying that there may “not be an appetite” to pass immigration reform in Congress this year.

The proposal is available at http://media.washingtonpost.com/wp-srv/politics/documents/REPAIRProposal.pdf?sid=ST2010042905051.

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2. USCIS Redesigns Green Card

U.S. Citizenship and Immigration Services (USCIS) announced on May 11, 2010, that it has redesigned the Permanent Resident Card, commonly known as the green card, to incorporate several major new security features. The card will be colored green.

The redesigned card includes optical media to store biometrics identification data; and holographic images, laser engraved fingerprints, and high-resolution micro-images intended to make the card “nearly impossible” to reproduce. Tighter integration of the card design with personalized elements is intended to make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. A preprinted return address will enable the easy return of a lost card to USCIS.

USCIS said it will replace green cards already in circulation as individuals apply for renewal or replacement.

USCIS’s announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79bd3893c4888210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. A fact sheet is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34233893c4888210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. A Q&A is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ab8c3893c4888210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. A brief history of the green card, including how it became known as the “green card” and the various color and other changes throughout its history, is available at http://www.aila.org/content/default.aspx?docid=3460.

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3. State Dept. Proposes Expanded Safety Measures for Secondary School Exchange Programs

The Department of State (DOS) has proposed new program administration requirements for the secondary school student exchange program. The proposed regulations govern DOS-designated exchange visitor programs under which foreign secondary school students (ages 15 to 18½) may study in the U.S. at accredited public or private secondary schools for an academic semester or an academic year while living with American host families or residing at accredited U.S. boarding schools. The Department proposes to amend existing regulations regarding the screening, selection, school enrollment, orientation, and quality assurance monitoring on behalf of student participants; and the screening, selection, orientation, and quality assurance monitoring of host families and field staff.

Via the proposed rule, DOS is soliciting public comments regarding these proposed changes, which the agency said are intended “to address the need for greater clarity in current existing regulatory language,” and “to better protect the health, safety, and welfare of these participants [through] enhanced clarity of existing regulations.” Due to the academic calendar and the screening and selection cycle for the secondary school student program, the comment period of this proposed rule has been set at 30 days, ending on June 2, 2010.

“Concerns regarding the safety and welfare of [the] secondary school student population necessitate a shorter comment period,” DOS said. “To provide sponsors with sufficient time to prepare for implementation of changes in program administration to be effective in the academic year 2011/2012, the Department would like to accelerate this rulemaking.”

DOS noted that although a majority of the Department’s nearly 28,000 annual exchanges of secondary school students result in positive experiences for both the exchange students and the U.S. host families, a number of recent incidents with respect to student placement and oversight “demand the Department’s immediate attention.”

Without elaborating on the incidents, DOS outlined 16 measures that the agency believes will enhance the safety and welfare of foreign secondary school students studying in the U.S. The measures include requiring photographs of potential host family homes; personal character references for host family applicants; confirmation of host family incomes by program sponsors using objective information; and expanding background checks of adult host family members to include a Federal Bureau of Investigation (FBI)-based criminal background check and a check of the National Sex Offender Registry.

DOS noted that Congress’s Child Safety Pilot Program, which provides youth-serving volunteer organizations with access to the FBI’s criminal history database, has found that of the nearly 69,000 volunteers screened during the pilot, more than 6 percent had criminal records of concern, and more than 41 percent of those with criminal records of concern had committed crimes in states other than where they were applying to volunteer, meaning that only a nationwide check would have caught those records.

The proposed rule is available at http://edocket.access.gpo.gov/2010/pdf/2010-10168.pdf.

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4. USCIS Extends TPS Designations for Honduras, Nicaragua

U.S. Citizenship and Immigration Services (USCIS) announced on May 5, 2010, that temporary protected status (TPS) designations for Honduras and Nicaragua would be extended for 18 months. The extension of the TPS designation of both countries is effective July 6, 2010, and will remain in effect through January 5, 2012. The 60-day re-registration period began May 5, 2010, and will remain in effect until July 6, 2010.

Re-registration is limited to persons who previously registered for TPS under the previous designations and whose applications have been granted or remain pending. Certain nationals of Honduras and Nicaragua (or those having no nationality who last habitually resided in those countries) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions. New employment authorization documents (EADs) with a January 5, 2012, expiration date will be issued to eligible TPS beneficiaries who timely re-register and apply for EADs.

Given the timeframes involved with processing TPS re-registration applications, USCIS noted that all re-registrants may not receive new EADs until after their current EADs expire on July 5, 2010. Accordingly, USCIS is automatically extending the validity of EADs issued under the TPS designation of Nicaragua for 6 months, through January 5, 2011, and the notices explain how TPS beneficiaries and their employers may determine which EADs have been automatically extended.

The Honduras TPS extension notice is available at http://edocket.access.gpo.gov/2010/pdf/2010-10620.pdf. The Nicaraguan TPS extension notice is available at http://edocket.access.gpo.gov/2010/pdf/2010-10619.pdf. USCIS Q&A’s are available for Honduras at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b66ec90d8668210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD and for Nicaragua at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=69c3ec90d8668210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. Guidance on late initial registration is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=867c46d56a388210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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5. Recent News From ABIL Members

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm) was quoted in the May 4, 2010, edition of PolitiFact.com in an article about the new Arizona immigration law. Mr. Yale-Loehr noted that the new law’s expansion to municipal ordinances gives local police “virtual carte blanche to ask for documentation,” because minor or suspected violations can now open the door to questions about a person’s immigration status. The article is available at http://www.politifact.com/truth-o-meter/statements/2010/may/04/kyrsten-sinema/under-arizona-immigration-law-overgrown-lawns-bark/.

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted in the May 7, 2010, edition of the New York Times. Commenting on cases of undocumented Army spouses at risk of removal from the U.S., Mr. Kuck noted, “We have made it impossible for many illegal immigrants to become legal.” The article is available at http://www.nytimes.com/2010/05/08/us/08soldier.html?scp=1&sq=kuck&st=cse.

Katie Malyon (bio: https://www.abil.com/lawyers/lawyers-malyon.cfm) was invited to speak at a conference organized by the peak national employer lobby group, Australian Industry Group, on the interface between 457 visas and the new Fair Work Act. Other speakers at the two-day conference included the Minister for Employment, Education and Workplace Relations, Julia Gillard; the Shadow Minister, Senator Abetz; and newly elected President of the Australian Council of Trade Unions, Ged Kearney.

Ms. Malyon’s firm, Katie Malyon & Associates, was named recently in the Australian publication Business Review Weekly as one of the 100 fastest growing businesses in Australia in the last five years.

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6. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online: https://egov.uscis.gov/cris/processTimesDisplay.do

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

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News from the Alliance of Business Immigration Lawyers Vol. 6, No. 5A • May 01, 2010

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Headlines:

1. USCIS Conducts Comprehensive Policy Review, Holds Session on RFEs – USCIS has launched a comprehensive effort to review all agency policies with the participation of both its workforce and the public.

2. Controversial New Arizona Statute Signed Into Law – The governor of Arizona signed a law that directs local police to make immigration status determinations and makes it a misdemeanor to lack proper immigration documents.

3. DOS Requests Comments on SEVIS – The SEVIS forms have been revised to clarify language used and remove unnecessary data collection.

4. ICE Plans More Visa Security Units – The program is intended to maximize the visa process as a counterterrorism tool.

5. USCIS Advises Foreign Nationals Whose Work Permits Expire Before CNMI-Only Visa Categories Are Available – Certain foreign nationals without umbrella permits whose work permits expire before new visa categories are available to them may be eligible for an interim status.

6. ABIL Global: The Scope of Immigration Laws for International Investors in Brazil – The entrepreneur has to convince the Brazilian authorities that his or her work will bring new jobs to Brazilians and develop the Brazilian market.

7. New Publications and Items of Interest – New Publications and Items of Interest

8. Recent News From ABIL Members – Recent News From ABIL Members

9. Government Agency Links – Government Agency Links

Details:

1. USCIS Conducts Comprehensive Policy Review, Holds Session on RFEs

U.S. Citizenship and Immigration Services (USCIS) has launched a comprehensive effort to review all agency policies with the participation of both its workforce and the public. USCIS invited outside stakeholders to identify their highest priorities for the policy review through a two-week survey that ended on April 29, 2010. USCIS said it will publish a summary of the results later this spring.

Throughout the policy review, USCIS said it will continue to seek feedback from its workforce and external stakeholders to ensure that the resulting policies are “informed, responsive, and effective.”

As part of USCIS’s overall efforts to review agency policies, on April 12, 2010, USCIS Director Alejandro Mayorkas and the head of the Service Center Operations Directorate, Donald Neufeld, held a listening session for U.S. national stakeholders to review and revise the Request for Evidence (RFE) templates. This was the first time that the USCIS held a dialogue with stakeholders to obtain their feedback on how to improve the RFE process and to clarify any concerns that have arisen due to recent changes, the Alliance of Business Immigration Lawyers noted. The reviewed types included the O (extraordinary ability or expertise), P (athletes and entertainers), Q (cultural exchange), and EB-1 (first preference extraordinary ability) visa categories.

At the session, a number of people asked about a January 8, 2010, guidance memorandum by Mr. Neufeld, and expressed unease about the number of RFEs that are being issued on cases that used to be approved. Mr. Mayorkas and Mr. Neufeld replied that they will offer more opportunities for the public to understand the adjudication process while taking into account the needs of employers, attorneys, and immigrants.

USCIS’s announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d0c77dfffc108210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. A related Q&A is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66681f7af1208210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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2. Controversial New Arizona Statute Signed Into Law

On April 23, 2010, Governor Jan Brewer of Arizona signed a tough new measure (S.B. 1070) into law that directs local police to make immigration status determinations if there is a “reasonable suspicion” a person may be undocumented, and makes it a misdemeanor to lack proper immigration documents. The law is scheduled to take effect by August.

Gov. Brewer said the new law “represents another tool for our state to use as we work to solve a crisis we did not create and the federal government has refused to fix.” Sen. John McCain (R-Ariz.), who is campaigning in a primary against a challenger who has made immigration a main issue, came out in favor of the law only hours before its passage by the state Senate.

Controversy and protests have swirled around the new law. Those opposed are especially concerned about racial and ethnic profiling and the effects of criminalizing a person’s failure to carry immigration documents. “A lot of U.S. citizens are going to be swept up in the application of this law for something as simple as having an accent and leaving their wallet at home,” warned Alessandra Soler Meetze, president of the American Civil Liberties Union (ACLU) of Arizona. The ACLU plans to sue to block the legislation.

Moments after Gov. Brewer signed the law, the Board of Governors of the American Immigration Lawyers Association called for a boycott of Arizona, instructing its Executive Committee to move the Association’s fall 2010 conference, previously scheduled for Arizona, to another state. AILA President Bernie Wolfsdorf explained, “We cannot in good conscience spend association dollars in a state that dehumanizes the people we represent and fight for. What Governor Brewer has done by signing this bill into law is to validate all of the irrational fears by people who are not willing to acknowledge the economic and cultural benefits of immigration to our country. If Arizonans are serious about ending illegal immigration, they should be the first in line at the United States Capitol to urge Congress to the do the right thing and pass comprehensive immigration reform.”

AILA stated that in addition to being unconstitutional under the Supremacy Clause of the U.S. Constitution, the law effectively authorizes police to engage in racial profiling and permits citizens to sue any state or local agency if they believe it is failing to enforce the law. “On top of making laws that will be struck down in the courts, it will hurt business and even bankrupt local municipalities. We’ve seen this happen in other localities trying to be tough on immigration but in the end hurting their own economies,” Mr. Wolfsdorf said. AILA cited the example of Tulsa, Oklahoma, where two months after a harsh 2008 law went into effect, construction work was being left unfinished and local businesses were losing customers. AILA also noted that such laws add enforcement of federal immigration law to already overburdened local police departments. Police unions backed the new law, but the state police chief’s association opposed the bill, noting that it could damage trust in immigrant communities among potential witnesses.

PolitiFact recently published a fact-checking article examining the issue of racial or ethnic profiling with respect to the new law. The article is available at http://www.politifact.com/truth-o-meter/statements/2010/apr/28/alfredo-gutierrez/arizona-immigration-law-allows-police-question-any/.

The text of the new Arizona law is at http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf. A summary of the law is at http://www.azleg.gov/legtext/49leg/2r/summary/h.sb1070_04-15-10_houseengrossed.doc.htm.

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3. DOS Requests Comments on SEVIS

The Department of State has issued a request for comments on the recording, reporting, and data collection requirements under the Student and Exchange Visitor Information System (SEVIS). SEVIS is used to monitor foreign students and exchange students in the United States. The forms have been revised to clarify language used and remove unnecessary data collection. Comments will be accepted up to 60 days from April 22, 2010, and may be submitted by e-mail, mail, or online to the location named in the notice, which is available at http://edocket.access.gpo.gov/2010/pdf/2010-9325.pdf.
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4. ICE Plans More Visa Security Units

U.S. Immigration and Customs Enforcement (ICE) recently announced that the agency plans to expand its visa security units from 12 countries to 16 this year and an additional country next year. ICE works with the Department of State to identify high-risk posts to receive visa security units. The program, intended to maximize the visa process as a counterterrorism tool, assigns experienced special agents to visa security units overseas to review visa applications, initiate investigations, and provide advice and training to consular officers.

The list of countries to be added has not been announced, but the Department of Homeland Security separately has identified 14 nations whose citizens underwent mandatory secondary screening for a temporary period after the Christmas Day bombing attempt: Afghanistan, Algeria, Cuba, Iran, Iraq, Lebanon, Libya, Nigeria, Pakistan, Saudi Arabia, Somalia, Sudan, Syria, and Yemen. Currently, ICE has visa security units in Canada, Egypt, Germany, Hong Kong, Indonesia, Jordan, Morocco, Pakistan, Philippines, Saudi Arabia, United Arab Emirates, and Venezuela.

Sen. John Cornyn (R-Tex.) and Rep. Lamar Smith (R-Tex.) introduced companion bills on March 4, 2010, in the House and Senate to fund 16 visa security units in high-risk nations, including Algeria, Colombia, India, Iraq, Jerusalem, Kuala Lumpur, Kuwait, Lebanon, Mexico, Nigeria, South Africa, Syria, Tel Aviv, Turkey, United Kingdom, and Yemen.

The Department of Homeland Security’s Office of Inspector General released a report in 2008 on the visa security unit program. The report is available at http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_08-79_Jul08.pdf.

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5. USCIS Advises Foreign Nationals Whose Work Permits Expire Before CNMI-Only Visa Categories Are Available

U.S. Citizenship and Immigration Services (USCIS) announced on April 21, 2010, that it will grant parole-in-place status to certain foreign nationals in the Commonwealth of the Northern Mariana Islands (CNMI). Foreign nationals without umbrella permits whose work permits expire before new visa categories are available to them under federal immigration laws may be eligible for this interim status.

Certain employers and their foreign national employees did not apply for umbrella permits covering the two-year transition period to federal immigration law. They may have planned to apply for CNMI-only transitional worker visas immediately after the transition period began in November 2009. However, a court ruling that month stopped this nonimmigrant category from being available. As a result, some foreign nationals face losing their legal immigration status because of a gap between the expiration of their current CNMI work permit and the availability of the new “CNMI-Only Transitional Worker” status.

Certain foreign nationals with CNMI investor permits may also face a gap between the expiration date of their CNMI investor permit and the availability of the “CNMI-Only E-2 Investor” status.

Parole-in-place would give affected foreign nationals authorization under federal immigration law to remain in the CNMI and permit continued employment authorization until the CNMI-only transitional worker program and the CNMI investor status are implemented.

USCIS’s announcement includes details about how and where to apply for parole-in-place and what documents to submit. The announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=72aaf95c93228210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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6. ABIL Global: The Scope of Immigration Laws for International Investors in Brazil

From the moment we retrace a historical review of immigration’s legislative structure for investors in Brazil, we perceive that in the last 11 years the Entrepreneurs’ Visa had three different normative resolutions with their respective minimum investment. Normative Resolution N. 28, from November 25, 1998, originally defines that the foreign investment has to be US$ 200,000.

On October 6, 2004, the Brazilian legislature altered the requirements and modified this resolution. The new Normative Resolution, N. 60, established the foreign investment as US$ 50,000.

Recently, a new resolution, Normative Resolution N. 84, was established in February 10, 2009, with a minimum investment of R$ 150,000 (about US$ 80,000). This new resolution includes more detailed procedures related to the current and sustainable Brazilian economy.

In both cases, an absorption plan of Brazilian manpower must be presented. In addition to this requirement, the sponsor of the visa is always the Brazilian company of which the foreign national is partner.

The Brazilian company must open a Brazilian bank (in Reais) account in order to receive the foreign investment. The entrepreneur needs to send the money in his or her own name (individual) for the bank account of the Brazilian company. It is not mandatory that all the money be invested at the same time, but the money must be registered with the Brazilian Central Bank. To certify this investment, the articles of Incorporation must include a clause stating that the foreign money is integrated into the Brazilian company.

Subsequent to the investment, the entrepreneurs must obtain a conditional permanent visa, valid for three years. During this three-year period, the foreign national may only provide services for the Brazilian company that sponsored the visa. This condition is written in his or her Brazilian ID Card.

The creation of employment and revenue in Brazil is the most important condition for obtaining this visa. Related to that, the absorption plan of Brazilian manpower must be executed in the first year of the Brazilian company after the arrival of the entrepreneur. The company may hire and/or employ Brazilian manpower other than its stated direct absorption plan of the investor program, but it is mandatory to fulfill the original numbers.

For the investor program, it is mandatory to present the number of employees and posts, the salaries that will be paid, and the amount of investment in the capacity and qualifications of the Brazilian employees in the first three years. It is also necessary to include information about the economic section and localization of the Brazilian company and its importance for the development of the relevant region. Due to a diversified Brazilian social structure, the investment will have a different effect according to the region.

In this connection (Investment-Social Impact), it should be emphasized that it is not mandatory to invest the amount of R$ 150,000 but a foreign investment is mandatory. Specifically, the social interest issue is considered very important, and the entrepreneur has to convince the Brazilian authorities that his or her work will bring new jobs to Brazilians and develop the Brazilian market; i.e., improve the life of the Brazilian people. If the entrepreneurs are from South America, they will receive special consideration from the members of the National Immigration Council.

There are no minimum qualifications to apply for an investor visa except for the investment. The foreign national may be accompanied by his or her family (spouse and children), who will receive the status of dependents. Once the application is filed with the Ministry of Labor, the processing time is usually 30 days, while the processing time with the National Immigration Council is about 5 months.

The global economic crisis did not affect investments in Brazil. In fact, it made foreign entrepreneurs see that Brazil is a very good country in which to invest, with its stable economy, democracy, consumer market, and natural resources. Unfortunately, we should not forget the Brazilian bureaucracy and its effects on the timeframe of the constitution of a Brazilian company. However, Brazil is improving and let us not forget that the country was built by foreign nationals and will only become a much more developed country with their efforts.

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7. New Publications and Items of Interest

Immigration and occupations. The New York Times recently analyzed Census data and surveys of American attitudes about immigration. The analysis found that although the common perception is that a surge in immigration has overwhelmed the U.S. with low-wage foreign laborers, in reality the 25 million immigrants who live in the largest metropolitan areas in the U.S. are nearly evenly distributed across jobs and incomes, and in 14 of the 25 largest metro areas, more immigrants are employed in white-collar occupations (e.g., professionals, technicians, administrators) than in lower-wage work (e.g., construction, manufacturing, cleaning). The conclusions were based on Census data, a survey published in February’s American Political Science Review, and data analysis conducted by the Fiscal Policy Institute for the New York Times.

The New York Times article is available at http://www.nytimes.com/2010/04/16/us/16skilled.html.

Green card statistics. The Department of Homeland Security’s Office of Immigration Statistics released its Annual Flow Report in April 2010. The report shows that in 2009, a total of 1,130,818 persons became legal permanent residents (LPRs) in the U.S. Nearly two-thirds were granted green cards based on a family relationship. The leading countries of birth of new LPRs were Mexico (15 percent), China (6 percent), and the Philippines (5 percent). Legal immigration increased 2.1 percent from 1,107,126 in 2008 to 1,130,818 in 2009. LPR adjustments of status increased 4.2 percent from 640,568 in 2008 to 667,776 in 2009. Adjustments of status in 2009 were driven by a decrease in applications pending a decision rather than an increasing number of applications received during 2009. Fifty-nine percent of new LPRs in 2009 were adjustments of status and 41 percent were new arrivals California was the state of residence of one-fifth (20 percent) of persons gaining LPR status in 2009. Other leading states of residence included New York (13 percent), Florida (11 percent), Texas (8.4 percent), and New Jersey (5.2 percent).

The report is available at http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2009.pdf.

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8. Recent News From ABIL Members

Mark A. Ivener (bio: https://www.abil.com/lawyers/lawyers-ivener.cfm) had an article published in the April 2010 STEP Journal (Society of Trust and Estate Practitioners), “Three Important Immigration Issues Affecting Trust and Estate Attorneys: EB-5 Investor Green Cards; Green Cards and the Exit Tax; and Unplanned U.S. Citizenship.”

Stephen W. Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm) commented that the new Arizona law is a recipe for confusion, in PolitiFact. “The courts will have a hard time deciding what constitutes a reasonable suspicion,” he said. Mr. Yale-Loehr also noted in the April 27, 2010, edition of ComputerWorld that the papers immigrants will now be required to carry in Arizona “are very valuable and [immigrants] usually don’t want to take them with you to the gym or the grocery store.” Mr. Yale-Loehr noted that employers will, at the least, “be putting out memos to all of their H-1B workers telling them to make sure they carry around their H-1B documents at all times. Depending on how the law is enforced in the long run, Mr. Yale-Loehr said, “it could slow down the willingness of companies to invest in Arizona if they hire a lot of noncitizens.” The PolitiFact article is available at http://www.politifact.com/truth-o-meter/statements/2010/apr/28/alfredo-gutierrez/arizona-immigration-law-allows-police-question-any/. The ComputerWorld article is available at http://www.computerworld.com/s/article/9176019/Arizona_s_new_papers_please_law_may_hurt_H_1B_workers.

Maria Lianides Celebi (bio: https://www.abil.com/lawyers/lawyers-celebi.cfm), ABIL Global member, was invited to a meeting with Turkey’s Minister of Labor and Social Security, Omer Dincer, to discuss work permits, among other labor topics. The meeting was arranged by the American Chamber of Commerce, which asked Ms. Celebi as their Work Permit Advisor. Discussed at the meeting were issues and questions regarding the issuance of work permits, particularly since changes in Turkey’s law this winter.

During the meeting, Ms. Celebi and her group conveyed concern about whether the one-year interim work permits for engineers/architects have been implemented; the lack of public guidance over the implications of the new biographical questions on the work permit application; and the lack of transparency in denials, among other things. Minister Dincer said he was assured by the Work Permit Directorate that the one-year interim work permits for engineers/architects are in place. Minister Dincer also expressed a desire to keep adjudications down to the new one-month statutory period.

Ms. Celebi noted that electronic filing of work permit applications was recently implemented by the Turkish Ministry. However, supporting documents must still be delivered in hard copy.

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9. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online: https://egov.uscis.gov/cris/processTimesDisplay.do

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

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