AUSTRALIA: Further Changes to Permanent Entry Employer-Nominated Program

/in /by

The Australian government has announced a raft of changes to visa programs effective July 1, 2012. Changes to the employer nominated permanent residence visa program were outlined in the last ABIL Global Immigration Update. Changes to the General Skilled Independent visas and Business Skills visas are outlined below.

SkillSelect

As of July 1, 2012, the introduction of SkillSelect represents a significant change in how Australia manages its skilled migration program. According to the Department of Immigration and Citizenship (DIAC), the new model will allow Australia to “select the best and brightest skilled migrants from a pool of prospective migrants registered on the system.”

SkillSelect will enable skilled workers and business people to submit an Expression of Interest (EOI) to migrate to Australia by recording their details in an online database. An EOI will serve as a quasi-resume for intending applicants with the information accessible by Australian employers as well as state and territory governments, which may then nominate the individual for employment or for a skilled visa. The Australian government may also invite the person to lodge (file) a Skilled Independent visa application.

The objective of the new program is to ensure that Australia’s skilled migration program is based on the country’s economic needs. Through SkillSelect, the Australian government will be able to manage who is able to apply for skilled migration, when they can apply, and in what numbers. This is expected to streamline the program and lead to more efficient processing of applications.

It is also designed to help address regional skill shortages by allowing intending migrants to indicate in their EOI that they are willing to live and work in certain regions of Australia.

Expression of Interest

An EOI includes basic personal information, details of the person’s nominated occupation and relevant work experience, educational qualifications, level of English language ability, and the outcome of a skills assessment (by a gazetted assessing authority) in the person’s nominated occupation. For business skills visa applicants, an EOI requires details of the person’s business and/or investment experience.

An EOI will remain in DIAC’s database for two years. During that period, it will be accessible by employers looking to fill vacancies, state and territory governments looking to attract skills, and Australian businesses.

Changes to Business Skills Visas

DIAC has also announced changes to Business Skills visas, replacing the former program with a new “Business Innovation and Investment” scheme. The new visa structure is designed to attract significant migrant investment, entrepreneurial talent, and demonstrated innovative business history and skills to the Australian market.

As part of these changes, beginning on July 1, 2012, the current 13 Business Skills visa subclasses are consolidated into the following three:

  • Business Talent (permanent) subclass 132
  • Business Innovation and Investment (provisional) subclass 188
  • Business Innovation and Investment (permanent) subclass 888

The reforms include the following key changes:

  • introducing an innovation points test for provisional visa applicants
  • integrating the new Business Innovation and Investment visas with the skilled migrant selection model, SkillSelect (discussed above)
  • facilitating entry of entrepreneurs that have sourced at least A$1milllion in venture capital funding in Australia from a member of the Australian Venture Capital Association Limited
  • increasing asset thresholds to better align with the Australian business community

The suite of business visa reforms are intended to better align Australia’s immigration policy with countries such as the United Kingdom, Canada, Singapore, and New Zealand.

News from the Alliance of Business Immigration Lawyers Vol. 8, No. 8B • August 15, 2012

/in /by

Headlines:

1. USCIS Begins Accepting Deferred Action Requests – USCIS has released forms, instructions, and additional information relevant to the deferred action for childhood arrivals process.

2. Use Current I-9 Even After August 31 OMB Expiration Passes, USCIS Says – Employers should continue to use the current I-9 employment eligibility verification form even after the August 31, 2012, OMB control number expiration date passes.

3. CBP Warns I-94 Processing May Be Delayed – The current processing time for entering foreign visitors’ travel information into the I-94 database is 30 days or more.

4. Groups of Travelers Can Now Submit Multiple ESTA Applications – Multiple applications may be submitted and paid for in one transaction via the Electronic System for Travel Authorization.

5. Second Circuit Finds New York Law Prohibiting Nonimmigrant Pharmacists Unconstitutional – In Paidi v. Mills, the U.S. Court of Appeals for the Second Circuit found unconstitutional a New York law stating that only U.S. citizens and legal permanent residents may obtain a pharmacist’s license in New York.

6. Chicago National Processing Center Has Moved – Paper filings for the D-1, H-2A, and H-2B programs should be sent to the CNPC’s new addresses.

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

8. Member News – Member News

9. Government Agency Links – Government Agency Links

Details:

1. USCIS Begins Accepting Deferred Action Requests

U.S. Citizenship and Immigration Services (USCIS) has released forms, instructions, and additional information relevant to the deferred action for childhood arrivals process. USCIS has begun accepting requests for consideration of deferred action for childhood arrivals.

As background, on June 15, 2012, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and meet other key guidelines may be eligible, on a case-by-case basis, to receive deferred action. USCIS is finalizing a process by which potentially eligible individuals may request consideration of deferred action for childhood arrivals.

At a stakeholder meeting on August 14, USCIS Director Alejandro Mayorkas said that the agency will not share information about applicants and their families with U.S. Immigration and Customs Enforcement (ICE) for enforcement purposes.

Individuals requesting consideration of deferred action for childhood arrivals must submit:

Information shared during a recent media call includes the following highlights:

  • Requestors – those in removal proceedings, those with final orders, and those who have never been in removal proceedings – will be able to affirmatively request consideration of deferred action for childhood arrivals with USCIS.
  • Requestors will use a form developed for this specific purpose.
  • Requestors will mail their deferred action request together with an application for an employment authorization document and all applicable fees to the USCIS lockbox.
  • All requestors must provide biometrics and undergo background checks.
  • Fee waivers cannot be requested for the application for employment authorization and biometric collection. However, fee exemptions will be available in limited circumstances.
  • The four USCIS Service Centers will review requests.

At the stakeholder meeting on August 14, USCIS also noted that educational institutions must be accredited by a state or federal government.

USCIS recently developed a series of related resources, including a website, http://www.uscis.gov/childhoodarrivals, which includes frequently asked questions, guidelines, examples of documentation to provide for evidence, information on fee exemptions and on how to handle cases that are in other immigration processes, a flier, a brochure, and a number of other resources. USCIS encourages individuals with questions to visit this website or call the USCIS National Customer Service line at 1-800-375-5283. See the website and form instructions for details and mailing instructions to the correct USCIS lockbox facility. Processing is expected to take several months.

USCIS’s website says those who are about to be removed by ICE and believe that they meet the guidelines for consideration of deferred action for childhood arrivals should immediately contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday through Friday) or by email at EROPublicAdvocate@ice.dhs.gov.

August 14 Announcement

Process Outline

Individuals who believe they are eligible should be aware of immigration scams, USCIS noted. Earlier Announcement.

Back to Top

2. Use Current I-9 Even After August 31 OMB Expiration Passes, USCIS Says

U.S. Citizenship and Immigration Services recently announced that employers should continue to use the current I-9 employment eligibility verification form even after the August 31, 2012, Office of Management and Budget control number expiration date passes. USCIS said it will provide updated information about the new version of the Form I-9 as it becomes available.
Back to Top

3. CBP Warns I-94 Processing May Be Delayed

U.S. Customs and Border Protection (CBP) is automating traveler arrival records to streamline passenger processing. The current processing time for entering foreign visitors’ travel information into the I-94 database is 30 days or more. This does not affect the majority of foreign travelers visiting for business or leisure and will not affect any visitor’s record of departure, CBP said.

Visitors may need to prove their legal-visitor status within the first 30-45 days of their U.S. stay to:

  • employers;
  • motor vehicle registration or drivers’ licensing agencies;
  • the Social Security Administration;
  • U.S. Citizenship and Immigration Services; or
  • universities and schools.

If visitors need to provide evidence of legal status during this time frame, they should include:

  • an unexpired foreign passport;
  • the country of citizenship; and
  • CBP Arrival/Departure Record, Form I-94 (if issued)

Contact CBP for more information or with questions:

Tel: (877) CBP-5511
TTD: (866) 880-6582

Announcement

Back to Top

4. Groups of Travelers Can Now Submit Multiple ESTA Applications

U.S. Customs and Border Protection (CBP) announced on August 9, 2012, that multiple applications may be submitted and paid for in one transaction via the Electronic System for Travel Authorization (ESTA). The new online application is available beginning on Wednesday, August 15.

Applicants must enter biographic data and an e-mail address to create a Group ID that will allow a family or group the ability to input up to 50 ESTA applications and complete the transaction in a single credit card payment. All payments for ESTA applications must be made by credit card or debit card when applying or renewing. Applications will not be submitted for processing until all payment information is received.

ESTA is an electronic travel authorization that all nationals of Visa- Waiver Program (VWP) countries must obtain before boarding a carrier to travel by air or sea to the United States under the VWP. This travel authorization has been mandatory since January 12, 2009. ESTA applications may be submitted at any time before travel, although CBP recommends applying at least 72 hours before departure. Once approved, authorizations are generally valid for multiple entries into the U.S. for up to two years or until the applicant’s passport expires or other specific circumstances give rise to a need to reapply, whichever comes first.

The Department of Homeland Security administers the VWP. The program enables eligible nationals of 36 VWP designated countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Additional Information Regarding the VWP. Frequently Asked Questionsabout the VWP and ESTA.

Back to Top

5. Second Circuit Finds New York Law Prohibiting Nonimmigrant Pharmacists Unconstitutional

In Paidi v. Mills, the U.S. Court of Appeals for the Second Circuit found unconstitutional New York Education Law § 6805(1)(6), which stated that only U.S. citizens and legal permanent residents may obtain a pharmacist’s license in New York.

The nonimmigrant plaintiffs had obtained pharmacists’ licenses. Most of them had H-1B temporary worker visas; the remaining plaintiffs had TN (Trade NAFTA) visas. The court noted that although all of the plaintiffs were on temporary visas, they all were legally authorized to reside and work in the United States for more than six years, and in some cases for more than 10 years.

The court noted that the Fourteenth Amendment to the U.S. Constitution provides that states may not deny to any person within its jurisdiction the equal protection of the laws. Under the Fourteenth Amendment, any law that interferes with the exercise of a fundamental right or “operates to the peculiar disadvantage of a suspect class” is to be reviewed under a strict scrutiny standard. The court also pointed out that the Supreme Court has long held that states cannot discriminate based on alienage. There are only two exceptions to the strict scrutiny standard, the court noted. The first exception “allows states to exclude aliens from political and governmental functions as long as the exclusion satisfies a rational basis review.” The second exception acknowledges that people who reside in the United States without authorization may be treated differently in some instances from those who are in the United States legally.

In the instant case, the court noted that New York was proposing that a third exception be established that the Fourteenth Amendment’s protections not apply to nonimmigrant lawfully admitted persons who require a visa to remain in the United States. The court rejected New York’s approach, noting that, among other things, the bedrock of the Supreme Court’s decisions in this area is the fact that “although lawfully admitted aliens and U.S. citizens are not constitutionally distinguishable, aliens constitute a discrete and insular minority because of their limited role in the political process” and are therefore relatively powerless and vulnerable. The court said that the state’s focus on lawfully admitted nonimmigrants’ “transience” was “overly formalistic and wholly unpersuasive,” since the plaintiffs were transient in name only.

The court said it agreed with the district court that there is no evidence that transience among New York pharmacists threatens public health or that nonimmigrant pharmacists, as a class, are considerably more transient than LPR and citizen pharmacists. “Citizenship and Legal Permanent Residency carry no guarantee that a citizen or LPR professional will remain in New York (or the United States for that matter), have funds available in the event of malpractice, or have the necessary skill to perform the task at hand.” Noting that there are other ways to limit the dangers of potentially transient professionals, the court held that the statute unconstitutionally discriminated against the plaintiffs in violation of their Fourteenth Amendment rights.

The court added that the federal power to determine immigration policy is settled, extensive, and predominant. Federal law recognizes that states have a legitimate interest in ensuring that applicants for professional licenses have the necessary educational and experiential qualifications for the positions sought. But “that traditional police power cannot morph into a determination that a certain subclass of immigrants is not qualified for licensure merely because of their immigration status,” the court said. By making immigration status a professional qualification and thereby causing the group of noncitizens and non-LPRs whom Congress intended to allow to practice specialty occupations to be ineligible to do so, the New York statute “has created an obstacle to the accomplishment and execution of the [Immigration and Nationality Act],” the court noted, agreeing with the district court that Congress’s federal laws creating H-1B and TN status were not merely “advisory.”

Decision

Back to Top

6. Chicago National Processing Center Has Moved

The Chicago National Processing Center (CNPC) has a new address. Paper filings for the D-1, H-2A, and H-2B programs should be sent to the CNPC’s new addresses below. The CNPC move does not affect the electronic filing of labor condition applications (LCAs), but any employer with permission to file by hard copy should direct its LCA filing(s) to the new address.

Payments of H-2A labor certification fees should be sent to the new P.O. Box address (also listed below).

Mailing Address for Application Filings:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604-2105

P.O. Box Address for the Receipt of H-2A-Related Filing Fees:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
P.O. Box A3804
Chicago, IL 60690-3804

Back to Top

7. New Publications and Items of Interest

USCIS national engagements. U.S. Citizenship and Immigration Services (USCIS) will host several upcoming public engagements:

  • On August 22, 2012, USCIS will hold a public engagement in Spanish via teleconference and live stream. Agency representatives will share agency updates, discuss immigration-related topics, and be available to answer questions. See HERE for information.
  • On September 13, 2012, USCIS will hold a public engagement on Service Center operations for refugee and asylum stakeholders. Subject matter experts from the Refugee, Asylum and International Operations Directorate, Texas and Nebraska Service Centers, and the National Visa Center will provide information and answer questions on refugee and asylum issues. The TSC will also offer tours of the USCIS Lockbox facility in Lewisville, Texas; the records facility in Mesquite, Texas; and the Dallas District Office on Wednesday, September 12. Registration for the in-person conference will be limited to 200 attendees. See HERE for information.
  • On October 16, 2012, USCIS will hold a public engagement (in-person in Washington, DC, and via teleconference) for EB-5 immigrant investor stakeholders. See HERE for information.

Notes on Previous Engagements by Topic

Several ABIL members co-authored and edited the new publication, Global Business Immigration Practice Guide, recently released by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issue.

ORDER HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or Nicole.hahn@lexisnexis.com.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

Green Card Stories has won five national awards. It was named a Nautilus book award silver medal winner, and won a silver medal in the Independent Book Publishers Association’s Benjamin Franklin Award in the multicultural category. The book also won a Bronze Medal in the Independent Publisher’s “IPPY” Awards and an honorable mention for the 2012 Eric Hoffer Book Award. Ariana Lindquist, the photographer, won a first-place award in the National Press Photographers Association’s Best of Photojournalism 2012. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information or to order, visit Green Card Stories.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available HERE.

 

Back to Top

8. Member News

The following Alliance of Business Immigration Lawyers members were listed as “Most Highly Regarded Individuals” under the Corporate Immigration category in Who’s Who Legal 2012:

Eugene Chow
Laura Devine
Kehrela Hodkinson
Ronald Klasko
Charles Kuck
Gunther Mävers
Marco Mazzeschi
Angelo Paparelli
Bernard Wolfsdorf
Stephen Yale-Loehr

The following Alliance of Business Immigration Lawyers members were listed under Who’s Who Legal 2012‘s Corporate Immigration category:

Enrique Arellano – Profile
Jacqueline Bart – Profile
Bernard Caris – Profile
Maria Celebi – Profile
Francis Chin – Profile
Steven Clark – Profile
Arnold Conyer – Profile
Laura Danielson – Profile
Rami Fakhoury – Profile
Bryan Funai – Profile
Steven Garfinkel – Profile
Avi Gomberg – Profile
Kenneth Ing – Profile
Mark Ivener – Profile
Jelle Kroes – Profile
Robert Loughran – Profile
Katie Malyon – Profile
Sharon Mehlman – Profile
Cyrus Mehta – Profile
John Nahajzer – Profile
Ariel Orrego-Villacorta – Profile
Julie Pearl – Profile
William Reich – Profile
Nicolas Rollason – Profile
Steve Trow – Profile
Karl Waheed – Profile
Chris Watters – Profile

Charles Kuck has published a new blog entry. “Obama Deferred Action (DACA) Details Released!” Also, Mr. Kuck’s article, “The New TPS Adjustment Option – Are You Eligible?” was published in Immigration Daily.

Robert Loughran was quoted in the August 2, 2012, edition of the Wall Street Journal, in “The Renouncers: Who Gave Up U.S. Citizenship, and Why?” Mr. Loughran noted that some Chinese-origin renouncers are feeling newly comfortable with China’s political stability, and others are “internationalist” and fear new, expansive interpretations of U.S. laws. On the other hand, he noted that Chinese coming to the United States “value the stability and education available to their children.”

Cyrus Mehta has published a new blog entry. “Through The Looking Glass: Adventures With Arrabally And Yerrabelly In Immigration Land”

Angelo Paparelli has published several new blog entries. “Immigration Good Behavior – A Riddle Riddled With Riddles” “Immigration D-Day for DACA: Get Protection!”

Back to Top

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

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top

EB-5 & Other Investor News from the Alliance of Business Immigration Lawyers Vol. 2, No. 3 • August 01, 2012

/in /by

Headlines:

1. Congress Acts to Extend EB-5 Regional Center Program for Three Years – Congress has agreed in principle to extend the EB-5 regional center program for three years, until September 30, 2015.

2. USCIS Announces New EB-5 Program Office – USCIS announced the creation of a new office to oversee administration of the EB-5 immigrant investor visa program.3. USCIS Releases Third-Quarter Statistics on July EB-5 Stakeholders Call – Among other things, USCIS announced that a new version of the draft EB-5 policy memo will be issued soon.4. USCIS’s Summary of May EB-5 Stakeholders Meeting Provides More Info – After USCIS’s EB-5 stakeholders meeting held in May, attendees lamented that the agency provided little substantive information and did not answer many submitted questions. USCIS subsequently released a summary providing additional information.5. New Publications and Items of Interest – New Publications and Items of Interest6. Member News – Member News7. EB-5 Government Agency Links – EB-5 Government Agency Links

Details:

1. Congress Acts to Extend EB-5 Regional Center Program for Three Years

Congress has agreed in principle to extend the EB-5 regional center program for three years, until September 30, 2015. The Senate has already acted, passing the extension on August 2 by unanimous consent. The House of Representatives is in recess in August, but is expected to pass the extension soon after it reconvenes in September. This is good news for the regional center program, as it alleviates concerns that the program might expire on September 30.

The EB-5 extension is part of S. 3245, which also extends three other immigration programs for three years.

Back to Top

2. USCIS Announces New EB-5 Program Office

On July 18, 2012, U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas announced the creation of a new office to oversee administration of the EB-5 immigrant investor visa program. The office will be led by a new Chief of Immigrant Investor Programs. The position opening was announced the same day.

Director Mayorkas noted that the EB-5 program “has spurred the creation of tens of thousands of new jobs and the injection of billions of dollars into the U.S. economy since Congress created the program in 1990.” Interest in the EB-5 program has grown exponentially in recent years, he noted, both from domestic project developers seeking capital and foreign investors who have the capital that can fuel economic growth.

In fiscal year (FY) 2012 to date, USCIS approved more than 3,000 Form I-526 (Immigrant Petition by Alien Entrepreneur) petitions. Director Mayorkas said this was more than triple the number approved in all of FY 2009. “Since 2009, we have quadrupled the size of the EB-5 adjudications team and brought on board eight expert economists dedicated to the EB-5 program to ensure that EB-5 cases are handled expeditiously and with appropriate expertise.” In the next month, two full-time attorneys with substantial transactional experience will enter on duty as new additions to the USCIS EB-5 program team, he said.

Also, by the end of August, a Review Board consisting of two Supervisory Immigration Services Officers and one economist “will review every pending application for regional center designation for which a denial has been recommended, with applicants receiving the opportunity to discuss their cases in-person before any final adverse decision is rendered,” Director Mayorkas said.

Announcement

Back to Top

3. USCIS Releases Third-Quarter Statistics on July EB-5 Stakeholders Call

U.S. Citizenship and Immigration Services (USCIS) held an EB-5 stakeholders call on July 26, 2012. USCIS announced the new EB-5 program office at the meeting, and noted that the agency will release a new version of the draft EB-5 policy memo soon. USCIS also plans to release related FAQs, and will incorporate stakeholders’ comments into both documents.

USCIS addressed many issues on the call, including what constitutes a material change in an EB-5 project. Decisions on what constitutes a material change and other issues are often very case- and fact-specific, USCIS noted. That is why general guidance sometimes cannot be provided. USCIS did not discuss the tenant-occupancy methodology issue on the call, noting that the agency plans to release separate guidance on that issue. In a summary of the May 1 stakeholders meeting, USCIS said it will communicate individually with applicants with tenant occupancy requests for evidence via mail and e-mail, and “will look into the lack of response from the regional center direct mailbox.”

USCIS said it has approved over 3,000 I-526 (Immigrant Petition by Alien Entrepreneur) petitions so far this year, and that the number of I-829 (Petition by Entrepreneur to Remove Conditions) filings has decreased. USCIS expects to see more filed in the fourth quarter.

Regarding industry category requests on the I-924 (Application for Regional Center), USCIS said the I-924 must show how jobs will be created, and that a detailed business plan is needed for each industry category.

USCIS noted that a project may use both EB-5 and domestic capital. If so, evidence is necessary to show how domestic financing will be obtained. USCIS said it understands that domestic financing may depend on EB-5 money going into the project first. The regulations do not require any specific evidence, but USCIS looks for loan agreements, letters of commitment, and any other evidence that it is realistic given the business realities of early-stage financing.

USCIS also noted that investors can receive a return on their investment during the two-year conditional resident period as long as the returns are derived from net earnings and do not decrease their capital contribution.

According to the latest EB-5 program statistics based on preliminary data for the third quarter of fiscal year (FY) 2012, USCIS received 4,156 I-526 (Immigrant Petition by Alien Entrepreneur) petitions and had approved 3,002 and denied 775 so far. This was a 79 percent approval rating, compared to an 81 percent approval rating for all of FY 2011 and an 89 percent approval rating for all of FY 2010. As of the third quarter of FY 2012, USCIS had received 546 I-829 (Petition by Entrepreneur to Remove Conditions) petitions and had approved 639 and denied 42 so far. This was a 94 percent approval rating, nearly matching a 96 percent approval rating for all of FY 2011 and exceeding an 83 percent approval rating for FY 2010.

USCIS approved 209 regional centers as of the third quarter. Full List of RCs by State.

The next USCIS stakeholder engagement meeting is scheduled for October 16, 2012, in Washington, DC. See HERE for additional details on the engagement meetings.

Back to Top

4. USCIS’s Summary of May EB-5 Stakeholders Meeting Provides More Info

After USCIS’s EB-5 stakeholders meeting held on May 1, 2012, attendees lamented that the agency provided little substantive information and did not answer many submitted questions. Over 250 people attended in person, and over 300 listened by phone. USCIS subsequently released a summary of the meeting that provided additional information, presumably based on written questions that were submitted to the agency.

Among other things, USCIS noted that the USCIS Immigrant Investor Mailbox is administered full-time by an EB-5 supervisor. Most inquiries are addressed within two to three days of receipt, USCIS said. Some may take longer if research and coordination are required. USCIS said it notifies inquirers if additional time is needed.

One inquirer noted that USCIS says it takes cases on a first-in, first-out basis, but also that it is considering grouping regional center cases to be adjudicated by teams. The question was whether, if a regional center submits an amendment to an I-924, it would be included with the group or would go into the first-in, first-out process. USCIS answered that immigration services officer (ISO) specialization by regional center efforts are geared toward I-526 and I-829 adjudications, not I-924 adjudications. However, I-924 applications are given to ISOs familiar with the regional center applicant, if possible. USCIS said it still adheres to a first-in, first-out process when adjudicating cases in the I-924 application workflow queue and in the individual petition queues. Under ISO specialization, USCIS noted, when the time comes for adjudication, the application can be sent to an ISO familiar with the regional center and the capital investment project. If cases are pending beyond posted processing times, USCIS suggests contacting the EB-5 mailbox at EB-5ImmigrantInvestor@dhs.gov.

With regard to I-526 petitions, an inquirer asked USCIS to confirm whether, after the formulas and multipliers in an economic analysis have been approved by the agency as part of a regional center’s initial application, those approved formulas and multipliers may be updated with more current data (for example, updated RIMS II [Regional Input-Output Modeling System] multipliers of the most current year versus multipliers of a few years back when the regional center was approved) at the time of the actual I-526 or I-829 filing, as long as the methodology used is otherwise the same as what was approved by USCIS. The agency said this is acceptable as long as the applicants are consistent and don’t “cherry-pick” across a range of years. It is not acceptable to selectively use the highest multipliers available for each approved industry since the date the approval was issued.

For example, USCIS noted:

[I]f the applicant was approved in 2008 to use appropriately specified 2006 RIMS II …final demand multipliers for the construction and operation of an assisted living facility, then the applicant must use 2006 RIMS II final demand multipliers for both construction and operation of the facility, or 2007 RIMS II final demand multipliers for both the construction and operation of the facility, or 2008 RIMS II final demand multipliers for both the construction and operation of the facility, and so on. The petitioner may not use a 2006 RIMS II final demand multiplier for construction and a 2009 RIMS II final demand multiplier for operations simply because the RIMS II final demand multipliers for those two industries in those two years happen to be the highest multipliers published since the approval of the I-924.

Regarding avoidance of requests for evidence (RFEs), one inquirer asked whether USCIS will provide filing hints to assist in lowering RFE and denial rates. USCIS said it “has discussed developing filing hints and is looking at ways to be more proactive” in communicating with stakeholders. “Submitting the most detailed and comprehensive evidence of investment and job creation possible is the primary way to avoid receiving an RFE,” USCIS said.

USCIS noted that although it does not require applicants to use attorneys or economists in filing for any immigration benefits, a regional center application has a “robust evidentiary requirement.” It is possible to provide a simplified model, USCIS said, but “[i]n every case, the applicant must show a reasonable economic methodology to prove direct or indirect job creation.”

USCIS also noted that case status availability online is tied to CLAIMS 3. I-924 and I-829 processing times do not reside in CLAIMS 3. USCIS plans to have a common platform for all applications, petitions, and case status online in “a few years.” If stakeholders seek case status information because the case is exceeding posted processing times, USCIS said they should use direct e-mail or the EB-5 mailbox.

An inquirer asked about bridge financing, noting that this issue did not appear to be covered with specificity in the last draft of the policy memo. USCIS noted that the new commercial enterprise, not the EB-5 investors, must create the requisite employment. As such, USCIS said, it is acceptable for the developer or principal of a new commercial enterprise, either directly or through a separate job-creating entity, to use interim, temporary or bridge financing in the form of either debt or equity before receipt of EB-5 capital. If the project starts based on the bridge financing before receipt of the EB-5 capital and subsequently replaces it with EB-5 capital, the new commercial enterprise still gets credit for the job creation, USCIS said.

USCIS said that the following policy will be issued in the forthcoming EB-5 policy memo under Section C, Creation of Jobs:

It is important to recognize that while the immigrant’s investment must result in the creation of jobs for qualifying employees, it is the new commercial enterprise that creates the jobs. This distinction is best illustrated by an example:

Ten immigrant investors seek to establish a hotel as their new commercial enterprise. The establishment of the new hotel requires capital to pay financing costs, purchasing the land, developing the plans, obtaining the licenses, building the structure, taking care of the grounds, staffing the hotel, and the many other types of expenses involved in the development and operation of a new hotel. The immigrant’s investments can go to pay part or all of any of these expenses.

Summary of the May Stakeholder Engagement Meeting.

Back to Top

5. New Publications and Items of Interest

Several ABIL members co-authored and edited the new publication, Global Business Immigration Practice Guide, released on May 31, 2012, by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issue.

ORDER HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or Nicole.hahn@lexisnexis.com.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

Green Card Stories has won five national awards. It was named a Nautilus book award silver medal winner, and won a silver medal in the Independent Book Publishers Association’s Benjamin Franklin Award in the multicultural category. The book also won a Bronze Medal in the Independent Publisher’s “IPPY” Awards and an honorable mention for the 2012 Eric Hoffer Book Award. Ariana Lindquist, the photographer, won a first-place award in the National Press Photographers Association’s Best of Photojournalism 2012. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information or to order, visit Green Card Stories.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available HERE.

Back to Top

6. Member News

Stephen Yale-Loehr was quoted in the Atlanta Journal-Constitution on July 26, 2012, in the article, “Investors Can Earn Shot at Green Card.” Mr. Yale-Loehr said the EB-5 investor program “creates jobs for U.S. workers at no expense to the taxpayer, so it will be renewed.” He founded the Association to Invest in the USA, which represents regional centers that organize EB-5 investment projects.
Back to Top

7. EB-5 Government Agency Links

USCIS Web Page on EB-5 Immigrant InvestorsUSCIS Policy and Procedural Memoranda on EB-5 Investors

Immigrant Investor Regional Centers List

Form I-526, Immigrant Petition by Alien Entrepreneur

Form I-829, Petition by Entrepreneur to Remove Conditions

Form I-924, Application for Regional Center Under the Immigrant Investor Pilot Program

Form I-924A, Supplement to Form I-924

News from the Alliance of Business Immigration Lawyers Vol. 8, No. 8A • August 01, 2012

/in /by

Headlines:

1. EB-5 Immigrant Investor Update: New Office; Stats, Summary Released – USCIS has announced formation of a new EB-5 program office. Also, USCIS released FY 2012 third-quarter statistics at its stakeholder call in July, and released a summary of questions and answers from the previous stakeholder meeting in May. USCIS also announced that it plans to release a new version of its draft EB-5 policy memo soon.

2. DOL Reaches Agreement Resulting in Record Back Wage Amount for H-2A Temporary Agricultural Workers – Peri & Sons, a Nevada-based onion grower, has agreed to pay a record total of $2,338,700 in back wages to 1,365 workers, along with a civil money penalty of $500,000, for violations under the H-2A program.

3. Senate Holds Hearing on Student Visa System – Discussed at the hearing were findings from the GAO’s June 2012 report assessing ICE’s oversight of the Student and Exchange Visitor Program.

4. Global Entry Program Expands to Ireland’s Shannon and Dublin Airports – Global Entry kiosks are now available in CBP preclearance facilities at Ireland’s Shannon and Dublin airports.

5. ABIL Global: Turkey – Turkey moves toward stricter employer qualifications to sponsor work permits.

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

7. Member News – Member News

8. Government Agency Links – Government Agency Links

Details:

1. EB-5 Immigrant Investor Update: New Office; Stats, Summary Released

U.S. Citizenship and Immigration Services (USCIS) has announced formation of a new EB-5 program office. Also, USCIS released the latest third-quarter statistics on its stakeholder call in late July, and released a summary of questions and answers from the previous stakeholder meeting in May. USCIS also announced that it plans to release a new version of its draft EB-5 policy memo soon. Highlights of the latest developments are included below.

New EB-5 program office. On July 18, 2012, USCIS Director Alejandro Mayorkas announced the creation of a new office to oversee administration of the EB-5 immigrant investor visa program. The office will be led by a new Chief of Immigrant Investor Programs. The position opening was announced the same day.

Director Mayorkas noted that the EB-5 program “has spurred the creation of tens of thousands of new jobs and the injection of billions of dollars into the U.S. economy since Congress created the program in 1990.” Interest in the EB-5 program has grown exponentially in recent years, he noted, both from domestic project developers seeking capital and foreign investors who have the capital that can fuel economic growth.

In fiscal year (FY) 2012 to date, USCIS approved more than 3,000 Form I-526 (Immigrant Petition by Alien Entrepreneur) petitions. Director Mayorkas said this was more than triple the number approved in all of FY 2009. “Since 2009, we have quadrupled the size of the EB-5 adjudications team and brought on board eight expert economists dedicated to the EB-5 program to ensure that EB-5 cases are handled expeditiously and with appropriate expertise.”

By the end of July, a Review Board consisting of two Supervisory Immigration Services Officers and one economist “will review every pending application for regional center designation for which a denial has been recommended, with applicants receiving the opportunity to discuss their cases in-person before any final adverse decision is rendered,” Director Mayorkas said.

Announcement

Third-quarter statistics. USCIS said it has approved over 3,000 I-526 (Immigrant Petition by Alien Entrepreneur) petitions so far this year, and that the number of I-829 (Petition by Entrepreneur to Remove Conditions) filings has decreased. USCIS expects to see more filed in the fourth quarter.

According to the latest EB-5 program statistics based on preliminary data for the third quarter of FY 2012, USCIS received 4,156 I-526 (Immigrant Petition by Alien Entrepreneur) petitions and had approved 3,002 and denied 775 so far. This was a 79 percent approval rating, compared to an 81 percent approval rating for all of FY 2011 and an 89 percent approval rating for all of FY 2010. As of the third quarter of FY 2012, USCIS had received 546 I-829 (Petition by Entrepreneur to Remove Conditions) petitions and had approved 639 and denied 42 so far. This was a 94 percent approval rating, nearly matching a 96 percent approval rating for all of FY 2011 and exceeding an 83 percent approval rating for FY 2010.

USCIS approved 209 regional centers as of the third quarter. Full List of Regional Centers

The next USCIS stakeholder engagement meeting is scheduled for October 16, 2012, in Washington, DC. See HERE for additional details on the engagement meetings.

Summary of May stakeholder meeting. After USCIS’s EB-5 stakeholders meeting held on May 1, 2012, attendees lamented that the agency provided little substantive information and did not answer many submitted questions. Over 250 people attended in person, and over 300 listened by phone. USCIS subsequently released a summary of the meeting that provided additional information, presumably based on written questions that were submitted to the agency.

Summary of May Stakeholder Engagement Meeting

Back to Top

2. DOL Reaches Agreement Resulting in Record Back Wage Amount for H-2A Temporary Agricultural Workers

Peri & Sons, a Nevada-based onion grower, has agreed to pay a record total of $2,338,700 in back wages to 1,365 workers, along with a civil money penalty of $500,000, for violations under the H-2A temporary agricultural worker program.

An investigation by the Department of Labor’s Wage and Hour Division determined that workers employed by Peri & Sons involved in irrigation, as well as in harvesting, packing, and shipping onions sold in grocery stores nationwide, were not paid properly for work performed. All of the workers came to the United States from Mexico under the H-2A temporary agricultural worker visa program. In most cases, their earnings fell below the hourly wage required by the program, as well as below the federal minimum wage of $7.25 per hour for a brief period of time. Investigators also found that workers were not paid for time spent in mandatory pesticide training or reimbursed for subsistence expenses while traveling to and from the United States. Additionally, their return transportation costs at the end of the contract period were not paid as required.

Fact Sheet on H-2A Requirements

Press Release Announcing the Agreement

Back to Top

3. Senate Holds Hearing on Student Visa System

The Senate’s Subcommittee on Immigration, Refugees and Border Security held a hearing on July 24, 2012, on “Strengthening the Integrity of the Student Visa System by Preventing and Detecting Sham Educational Institutions.” Witnesses included Rebecca Gambler, Director, Homeland Security and Justice, U.S. Government Accountability Office (GAO), and John Woods, Assistant Director for National Security Investigations, U.S. Immigration and Customs Enforcement (ICE).

Ms. Gambler discussed findings from the GAO’s June 2012 report assessing ICE’s oversight of the Student and Exchange Visitor Program (SEVP). The GAO reported that ICE does not have a process to identify and assess risks posed by schools in SEVP. Specifically, SEVP does not (1) evaluate program data on prior and suspected instances of school fraud and noncompliance, or (2) obtain and assess information from Counterterrorism and Criminal Exploitation Unit (CTCEU) and ICE field office school investigations and outreach events.

Moreover, the GAO found weaknesses in ICE’s monitoring and oversight of SEVP-certified schools that contribute to security and fraud vulnerabilities. For example, the GAO noted that ICE has not consistently implemented internal control procedures for SEVP in the initial verification of evidence submitted in lieu of accreditation. In addition, ICE has not consistently followed the standard operating procedures that govern the communication and coordination process among SEVP, CTCEU, and ICE field offices.

The GAO recommended that ICE, among other things, identify and assess program risks, consistently implement procedures for ensuring schools’ eligibility, and revise its standard operating procedure to specify which information to share among stakeholders during criminal investigations. Ms. Gambler reported that ICE concurred with all the recommendations the GAO made and “has actions planned or under way to address them.”

Mr. Woods said that ICE has already made progress in implementing the GAO’s recommendations. He noted that ICE’s CTCEU is “the first national program dedicated to the enforcement of nonimmigrant visa violations.” SEVP and CTCEU execute complementary missions to regulate foreign students and exchange visitors and to proactively develop investigations that bolster national security, he said.

Mr. Woods noted that each year, CTCEU “analyzes the records of hundreds of thousands of potential status violators using information from SEVIS and the United States Visitor and Immigrant Status Indicator Technology database, along with other information.” The CTCEU resolves these records “by further identifying potential violations that would warrant field investigations, establishing compliance, or establishing departure dates from the United States. Since the creation of the CTCEU in 2003, analysts have resolved more than two million such records.”

Ms. Gambler’s testimony is available in “Student and Exchange Visitor Program: DHS Needs to Take Actions to Strengthen Monitoring of Schools“.

Mr. Woods’ Testimony

Main Hearing Page (including a link to a webcast of the hearing)

Back to Top

4. Global Entry Program Expands to Ireland’s Shannon and Dublin Airports

U.S. Customs and Border Protection (CBP) announced on July 26, 2012, that Global Entry kiosks are now available in CBP preclearance facilities at Ireland’s Shannon and Dublin airports. The Global Entry program allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. Current Global Entry members can begin using these new kiosks immediately.

The Global Entry program is now available at 37 U.S. and preclearance airports. Over the last four years, CBP has enrolled more than 378,000 members in Global Entry, with more than 1.1 million travelers receiving Global Entry benefits. Travelers have used the kiosks more than 2.7 million times.

Travelers who use Global Entry kiosks on average experience reduced wait times of 70 percent over travelers going through traditional passport inspection, and more than 75 percent of travelers using Global Entry are processed in under five minutes, according to CBP.

The program is available to U.S. citizens, U.S. lawful permanent residents, and pre-approved Mexican nationals. In addition, citizens of the Netherlands may apply under a special reciprocal arrangement that links Global Entry with the Dutch Privium program. In a recently implemented arrangement, the Republic of Korea’s Smart Entry Service program has been linked to Global Entry, allowing Korean citizens to participate in Global Entry. Canadian citizens and residents may participate in Global Entry through membership in the NEXUS program.

Applications for Global Entry must be submitted online using the CBP Global Online Enrollment System (GOES). A non-refundable fee of $100 is also collected via the website for a five-year membership in Global Entry. CBP will review the applicant’s information and conduct a background investigation. The applicant must complete an in-person interview at a CBP enrollment center, at which time fingerprints are collected.

GOES

Announcement

Back to Top

5. ABIL Global: Turkey

Turkey moves toward stricter employer qualifications to sponsor work permits.

Historically, obtaining work permits in Turkey meant adjudication periods of three to nine months, requests for documents without explanation, and a lack of transparency of requirements by the Work Permit Directorate (Directorate). In 2010 the Turkish government made a bold effort to change the work permit regime. In the same year it also chose to enact employer qualifications for the entity that wished to sponsor a work permit. This was a relatively new concept in Turkey. Since implementation, the Directorate has attempted to create exemptions.

On July 29, 2010, the Directorate published a communique that requires an employer to have at least five Turkish citizen employees per registered worksite per foreign applicant as evidenced on payroll records (termed 5:1 ratio). The communique also requires that the employer’s paid in capital must be at least 100,000 Turkish Lira (TL). Alternatively, the employer can show either gross (assumedly annual) sales amounting to 800,000 TL annually or exports with a gross annual value of USD $250,000. The current exchange rate is 1.8 TL to 1 USD.

The 5:1 ratio has been particularly burdensome to employers. This is partially because the ratio must be evident at each worksite. Therefore, work permit applications will be denied if they do not evidence a 5:1 ratio of Turks to foreigners at the worksite selected for the foreigner (the worksite location is normally specified on social security records). Soon after the publication of the employer criteria, the Directorate was confronted with many employers who could no longer sponsor foreigners. In an attempt to ameliorate the impact of the 5:1 ratio requirement, the Directorate published the following exemptions on April 25, 2011:

  1. Founder/investor of a newly established legal entity: If such a founder/investor owns at least 20% (but amounting to at least 40,000 TL) worth of shares of the entity, and within 6 months, the five employee criteria can be met, the founder/investor is exempt.
  2. Technical specialists: If there is evidence the position that is the subject of the work permit application requires advanced technology and a Turkish national specialist cannot be found, both the 5:1 employee ratio and the capital requirement will not apply.
  3. For companies that satisfy the foreign direct Investment requirements, the 5:1 ratio will be applied by taking into consideration every employee of all the company’s worksites in Turkey. Also, if the foreign employee is a “key personnel” under this law, the Directorate may not count him or her in the 5:1 ratio.
  4. Government involvement: When the foreigner will work on a product or service procurement for public institutions or is pursuant to a public tender, or when the work permit application is subject to a bilateral or multilateral agreement to which Turkey is a party, both the 5:1 ratio and capital requirement will not apply.

The Work Permit Directorate has not yet published guidance on the evidence to be presented to qualify for these exemptions. Although these exemptions have been published and available for over a year, the exemptions are not sufficient to meet the legitimate business needs of companies.

Back to Top

6. New Publications and Items of Interest

Foreign labor certification statistics. The Department of Labor’s Office of Foreign Labor Certification (OFLC) has posted updated program fact sheets presenting selected fiscal year 2012 statistics for the permanent labor certification, prevailing wage determination, H-1B temporary visa, H-2A temporary agricultural visa, and H-2B temporary nonagricultural visa programs. Also, the OFLC has created a web page from which users can access performance data, including Annual Reports, Selected Statistics by Program, and Disclosure Data. The fact sheets and web page link are available HERE.

USCIS multilingual resources. U.S. Citizenship and Immigration Services (USCIS) has launched an online Multilingual Resource Center, which provides a central location for USCIS resources in a variety of languages, including Haitian Creole, Polish, and Vietnamese. Materials are available in 22 languages, including information on USCIS application processes and frequently asked questions. The site includes a new Spanish translation of The Handbook for Employers: Instructions for Completing Form I-9. Another feature of the new site is the introduction of 13 newly translated How Do I… guides in Chinese. ANNOUNCEMENT. The Multilingual Resource Center.

Several ABIL members co-authored and edited the new publication, Global Business Immigration Practice Guide, released on May 31, 2012, by LexisNexis. The Practice Guide is a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world.

This comprehensive guide is designed to be used by:

  • Human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries;
  • Business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals; and
  • Attorneys interested in expanding their practice to include global business immigration services.

This publication provides:

  • An overview of the immigration law requirements and procedures for over 20 countries;
  • Practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries;
  • A general overview of the appropriate options for a particular employee; and
  • Information on how an employee can obtain and maintain authorization to work in a target country.

Each chapter follows a similar format, making it easy to compare practices and procedures from country to country. Useful links to additional resources and forms are included. Collected in this Practice Guide, the expertise of ABIL’s attorney members across the globe will serve as an ideal starting point in your research into global business immigration issue.

ORDER HERE. International customers who do not want to order through the bookstore can order through Nicole Hahn at (518) 487-3004 or Nicole.hahn@lexisnexis.com.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

Green Card Stories has won five national awards. It was named a Nautilus book award silver medal winner, and won a silver medal in the Independent Book Publishers Association’s Benjamin Franklin Award in the multicultural category. The book also won a Bronze Medal in the Independent Publisher’s “IPPY” Awards and an honorable mention for the 2012 Eric Hoffer Book Award. Ariana Lindquist, the photographer, won a first-place award in the National Press Photographers Association’s Best of Photojournalism 2012. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information or to order, visit Green Card Stories.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available HERE.

Back to Top

7. Member News

Cyrus Mehta was quoted by NDTV in an article on the Infosys whistleblower case and related visa issues. Mr. Mehta discussed the B-1 in lieu of H-1B visa program and the ambiguity in the law concerning B-1 visas.

Mr. Mehta recently published a new blog entry. “Crime Without Punishment: Have You Ever Committed a Crime For Which You Have Not Been Arrested?”

Angelo Paparelli was named a Top Labor & Employment Attorney by the Los Angeles and San Francisco Daily Journal, for the second consecutive year. Mr. Paparelli told the Daily Journal that his mission is to “help American people see that the cornerstone of our exceptionalism is our willingness to accept immigrants as equal human beings and allow them to contribute and become citizens and achieve the American dream while they help us to achieve the American dream.” He cautioned, however, that, “we need to protect the borders and make sure we have intelligent policies in place that let the right people in and keep the wrong people out.”

Mr. Paparelli also recently co-wrote “Foreigners on U.S. Soil: To Know Your Rights Is To Know Very Little.” The article was published by the New York Law Journal.

Mr. Paparelli recently published a new blog entry. “Immigration’s Mad Men (and Women)”

Stephen Yale-Loehr was quoted in the Atlanta Journal-Constitution on July 26, 2012, in the article, “Investors Can Earn Shot at Green Card.” Mr. Yale-Loehr said the EB-5 investor program “creates jobs for U.S. workers at no expense to the taxpayer, so it will be renewed.” He founded the Association to Invest in the USA, which represents regional centers that organize EB-5 investment projects.

Back to Top

8. 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

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

Back to Top