TURKEY: Law on Foreigners and International Protection Takes Effect in One Year

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On April 11, 2013, the Law on Foreigners and International Protection (Law No. 6458) was published in the official gazette of Turkey and is set to go into effect in one year. This new law will make vast changes to residence permit eligibility and procedure, and create a new governmental office. Initial information has been released, but official interpretation and/or guidance may change before implementation.

Among the anticipated changes are application of the 90-out-of-180-day rule to be extended to business visitors. Also, sticker visas obtained at the border are anticipated to only be valid for 15 days. The rule to apply for a residence permit within 30 days of entry is anticipated to be extended to 90 days for some categories. The renewal of residence permits will be accepted for filing at a much earlier period of 60 days before expiration. Also, there is a provision to allow for the filing of residence permits at consular posts. Significantly, new categories of resident permit eligibilities will be created, including for those who will open a business or buy real estate in Turkey.

The law also creates new harsher procedures and penalties for deportation and a ban on re-entry of foreigners who are out of status or not abiding by the terms of their stay.

The law requires the creation of a new Immigration Administration General Directorate under the Ministry of Interior. The law includes new procedures for admitting and processing refugees, victims of human trafficking, and stateless people, among other issues.

TURKEY: New Residence Permit Law Will Overhaul Immigration in Turkey.

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On April 11, 2013, Law No. 6458, Law on Foreigners and International Protection, was published in the official gazette of Turkey and is set to go into effect in one year. This new law will make vast changes to residence permit eligibility and procedure, and will create a new governmental office.

The changes span a wide variety of issues, including the requirements for residing and working in Turkey, protection of victims of human trafficking, changes in business visitor rules, procedures and categories of residence status, grounds for deportation, and processing of refugees. Changes include the extension of the 90-out-of-180-day rule for tourists to business visitors. Also, sticker visas obtained at the border will only be valid for 15 days. The rule to apply for a residence permit within 30 days of entry will be extended to 90 days. The renewal of residence permits will be accepted for filing at a much earlier period of 60 days before expiration. Also, a new provision will allow the initial filing of residence permits at consular posts.

Significantly, new categories of resident permit eligibilities will be created, including for those who will open a business or buy real estate in Turkey. The law also requires the creation of a new Administration General Directorate of Migration under the Ministry of Interior, which is underway.

Residence Permits

Until April 11, 2014, residence permits are being handled by the local and regional Police Departments under the Interior Ministry. With the new law, this process will be moved to the new Directorate of Migration, as well as to consular posts for certain applications. The new Directorate will establish new offices under the governor’s and district governor’s offices around Turkey.

New categories of residence permits include short-term, long-term, family, student, humanitarian, and victims of human trafficking.

According to the new law, a foreigner must seek a residence permit in an appropriate category if he or she intends to remain in Turkey more than 90 days. This is an expansion of the previous 30-day rule. Short-Term Residence Permits will be valid up to one year. The new Long-Term Permit appears to have some similarities to a U.S. green card. This type of permit will require that the person has already resided legally and continuously in Turkey for at least eight years, shown that he or she has not required public assistance for the last three years, provided evidence of financial self-support (including health insurance), and not be a threat to public order or security.

Procedurally, the new law indicates that those applying for new residence permits must do so at a Turkish consular post in the applicant’s home country. For those who already have a current, valid residence permit, extensions must be filed with the new Directorate officials at the local governor’s office.

The new law stipulates that if a person is granted a work permit, he or she no longer must obtain a separate residence permit. This will be a relief to international assignees who have dealt with tremendous delays in residence permit issuance due to massive backlogs of applications at the local police departments in many municipal locations.

Deportation and Ban on Reentry

The law also creates new harsher procedures and penalties for deportation and a ban on the re-entry of foreigners who are out of status or not abiding by the terms of their stay. The ban may be up to five years in some circumstances such as overstaying, and up to 10 years if the person is deemed a “security threat.”

Protection of Refugees and Victims of Human Trafficking

The new law also better protects refugees and victims of human trafficking. It is a significant step for Turkey’s protection of human rights, particularly considering the refugee flow into Turkey from neighboring countries such as Syria, Iraq, and Iran. Under the new law, Turkey will not be able to return foreigners to countries where they will be subject to torture or inhumane treatment.

The new law indicates Turkey’s awareness of the need to overhaul its management of foreigners. As Turkey’s economy has grown, it is now a leading location in the region for expatriates of many international companies, as well as a prime location for new investment. As a result, the number of foreigners needing work permits has grown exponentially. Also, based on its location bordering several countries in turmoil, the processing of refugees has become a growing problem. Further detailed guidance is sorely needed well in advance of the April 11, 2014, implementation deadline.

News from the Alliance of Business Immigration Lawyers Vol. 9, No. 4B • April 15, 2013

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Headlines:

1. H-1B Cap Reached – H-1B cap-subject petitions reached the limit on April 5.

2. CBP To Launch New Arrival/Departure Record Process for Foreign Visitors – Under the new process, CBP will no longer require international nonimmigrant visitors to fill out a paper Form I-94 Arrival/Departure Record upon arrival to the U.S. by air or sea.

3. Temporary Protected Status Extended for Hondurans, Nicaraguans – DHS has extended TPS for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning July 6, 2013, and ending January 5, 2015. Current Honduran and Nicaraguan beneficiaries seeking to extend their TPS status must re-register by June 3, 2013.

4. USCIS Temporarily Suspends Adjudication of Most H-2B Petitions Following Court Order – USCIS has temporarily suspended adjudication of certain I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the court order inComite de Apoyo a los Trabajadores Agricolas et al. v. Solis.

5. State Dept. Introduces Visa Status Check Online – Users can check their U.S. visa application status at the Consular Electronic Application Center (CEAC) on the site by entering the type and case number.

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. H-1B Cap Reached

U.S. Citizenship and Immigration Services (USCIS) announced on April 5, 2013, that it had received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. This was the first time since 2008 that the cap was reached within the first week of the filing period. USCIS also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. The agency is not accepting any more H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

On April 7, USCIS conducted a computer-generated random selection process (“lottery”) for FY 2014 cap-subject petitions received through April 5, 2013. USCIS also conducted a lottery the same day for the advanced-degree petitions. According to USCIS, data entry for H-1B cap-subject cases filed via premium processing should be completed by April 15, 2013. The agency has begun to issue receipts for these applications. Adjudication of the premium processing cases should be completed within the required 15 days.

In the meantime, data entry for non-premium processing H-1B cases is slated to begin on April 16, 2013, and may proceed until late April or early May. USCIS has cautioned stakeholders that it may not issue receipt notices until May. Cases that are not selected for the lottery, or rejected, may not receive rejection notices until June. Petitioners may convert any non-premium processing case to a premium process case, but a request to convert the case can only be made after its receipt notice is issued.

Employers can file H-1B petitions no earlier than six months in advance of the anticipated start date, so April 1, 2013, signaled the start of what has become an annual race to get petitions filed as early as possible to ensure acceptance before the cap of 85,000 visas is reached. The 85,000 cap includes the basic cap of 65,000, plus an additional 20,000 H-1B visas available to foreign nationals who have earned an advanced degree (master’s or higher) from a U.S. university.

The H-1B cap for fiscal year 2013 was reached in June 2012. The pace of hiring this year meant that heavy demand for new H-1B workers resulted in the new cap being reached in the first few days in April. As in past years, some foreign nationals are not subject to the H-1B cap, including individuals who already have been counted toward the cap in a previous year and have not been outside the United States subsequently for one year or more. Also, certain employers, such as universities, government-funded research organizations, and some nonprofit entities are exempt from the H-1B cap. All other employers should be aware of the H-1B cap.

USCIS ANNOUNCEMENT

RELATED ANNOUNCEMENT ON PREMIUM PROCESSING FOR H-1B CAP-SUBJECT PETITIONS

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2. CBP To Launch New Arrival/Departure Record Process for Foreign Visitors

Foreign visitors arriving in the U.S. via air or sea who need to prove their legal-visitor status (e.g., to employers, schools/universities, or government agencies) will be able to access their U.S. Customs and Border Protection (CBP) arrival/departure record information online when the agency starts records automation on April 30, 2013.

Under the new process, CBP will no longer require international nonimmigrant visitors to fill out a paper Form I-94 Arrival/Departure Record upon arrival to the U.S. by air or sea. The agency will gather travelers’ arrival/departure information automatically from their electronic travel records. CBP said it expects this automation to streamline the entry process for travelers, facilitate security, and reduce federal costs. CBP anticipates that the automated process will save the agency an estimated $15.5 million per year.

Because advance information is only transmitted for air and sea travelers, CBP will still issue a paper I-94 at land border ports of entry.

CBP will phase in the I-94 automation at air and sea ports of entry in April and May. Foreign visitors will continue to receive the paper I-94 until the automated process arrives at their port of entry. Following automation, if travelers need the information from their I-94 admission record to verify immigration status or employment authorization, the record number and other admission information will be available at CBP.gov/I94.

With the new CBP process, a CBP officer will stamp the travel document of each arriving nonimmigrant traveler. The admission stamp will show the date of admission, class of admission, and the date until which the traveler is admitted. Travelers will also receive upon arrival a flier alerting them to go to CBP.gov/I94 for their admission record information.

Travelers will not need to do anything differently upon exiting the U.S. Those previously issued a paper I-94 will surrender it to the commercial carrier or to CBP upon departure. If a traveler did not receive a paper I-94, CBP will record the departure electronically via manifest information provided by the carrier or by CBP.

Implementation will begin on April 30 at five pilot ports of entry and will continue to the remaining ports of entry over a total of four weeks.

FACT SHEET/FAQ

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3. Temporary Protected Status Extended for Hondurans, Nicaraguans

The Department of Homeland Security has extended temporary protected status (TPS) for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning July 6, 2013, and ending January 5, 2015.

Current Honduran and Nicaraguan beneficiaries seeking to extend their TPS status must re-register by June 3, 2013. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to register as soon as possible.

The 18-month extension also allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Honduran and Nicaraguan TPS beneficiaries who request an EAD and meet the re-registration deadline will receive a new EAD with an expiration date of January 5, 2015. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS Honduras EADs that have a July 5, 2013, expiration date for an additional six months. These existing EADs are now valid through January 5, 2014.

To re-register, current TPS beneficiaries must submit Form I-821, Application for Temporary Protected Status. TPS re-registrants must also submit Form I-765, Application for Employment Authorization, but no application fee is required if the re-registrant does not want an EAD. Re-registrants do not need to pay the I-821 application fee, but they must submit the biometric services fee, or a fee waiver request, if they are 14 years of age or older. All TPS re-registrants applying for an EAD must submit the I-765 application fee, or a fee waiver request.

TPS applicants may request that USCIS waive any fees by filing a Form I-912, Request for Fee Waiver, or by submitting a personal letter asking that these fees be waived. Failure to submit the required filing fees or a properly documented fee waiver request will result in rejection of the entire TPS application, USCIS said.

Additional information on TPS for Honduras and Nicaragua, including guidance on the application process and eligibility, is available ONLINE.

Further details on this extension of TPS for Honduras, including the application requirements and procedures, appeared in a Federal Register notice published on April 3, 2013, and available HERE.

USCIS ANNOUNCEMENT FOR HONDURAS

FEDERAL REGISTER NOTICE FOR NICARAGUA

USCIS ANNOUNCEMENT FOR NICARAGUA

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4. USCIS Temporarily Suspends Adjudication of Most H-2B Petitions Following Court Order

USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the court order entered March 21, 2013, in Comite de Apoyo a los Trabajadores Agricolas et al. v. Solis, 2:09-cv-00240-LDD (E.D. Pa).

The court order granted a permanent injunction against the operation of a portion of the 2008 wage rule related to certain prevailing wage determinations and gave the Department of Labor (DOL) 30 days to comply with the court order. Following the order, DOL announced that it can no longer make prevailing wage determinations based on the Occupational Employment Statistics (OES) survey four-tier wage system. DOL said it will, however, continue to process prevailing wage requests not subject to the court order, including prevailing wage determinations using applicable collective bargaining agreements, acceptable private wage surveys, or Service Contract Act or Davis Bacon Act wages. DOL plans to comply with the court order within 30 days by promulgating a revised wage rule.

Accordingly, as noted above, USCIS has temporarily suspended adjudication of H-2B petitions that are accompanied by temporary labor certifications (TLCs) issued by DOL when those TLCs are based on OES four-tier prevailing wage determinations. USCIS has also suspended premium processing for all H-2B petitions until further notice. Petitioners who have already filed H-2B petitions using the premium processing service, and who receive no agency action on their cases within the 15-calendar-day period, will receive refunds. Once a revised prevailing wage rule is promulgated, USCIS will resume adjudication of all H-2B petitions.

USCIS will issue notices on all pending petitions to determine the source of the prevailing wage determination (PWD). USCIS said it will not consider these notices as an “agency action” for premium processing purposes.

If it is determined that a pending petition is accompanied by a TLC that is based on a PWD using applicable collective bargaining agreements, acceptable private wage surveys, or Service Contract Act or Davis Bacon Act wages, USCIS will resume adjudication of the H-2B petition. In addition, USCIS will adjudicate H-2B petitions that are filed with TLCs issued by DOL on or after March 22, 2013. USCIS also will continue adjudicating H-2B petitions for non-agricultural temporary workers on Guam if the petitions are accompanied by TLCs issued by the Guam Department of Labor.

Finally, USCIS may adjudicate an H-2B petition if it can be resolved on issues unrelated to the OES four-tier prevailing wage determination.

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5. State Dept. Introduces Visa Status Check Online

The Department of State’s Bureau of Consular Affairs has launched “Visa Status Check” online. Users can check their U.S. visa application status at the Consular Electronic Application Center (CEAC) on the site by entering the type and case number.
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6. New Publications and Items of Interest

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, 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 issues.

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 and was a finalist for the International Photography Awards. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at lauren@greencardstories.com or see the Green Card Stories website.

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

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7. Member News

Several ABIL members and firms were listed in Chambers Global 2013:

FosterQuan, LLP (Robert Loughran)
Ivener & Fullmer LLP (Mark Ivener)
Klasko Rulon Stock & Seltzer (H. Ronald Klasko)
Pearl Law Group (Julie Pearl)
Seyfarth Shaw LLP (Angelo Paparelli)
Wolfsdorf Immigration Law Group (Bernard Wolfsdorf)

Other Notable Practitioners:
Francis Chin
Charles Kuck
Cyrus Mehta
Stephen Yale-Loehr

Klasko, Rulon, Stock & Seltzer, LLP will hold its Annual Spring Seminar on April 23, 2013, at the Radisson Plaza-Warwick Hotel in Philadelphia, Pennsylvania. Topics will include legislation, USCIS policies and practices, CBP programs, J-1 waivers, university/hospital roundtable, corporate roundtable, employment eligibility verification, travel issues, prevailing wage issues, and more. Mr. Klasko will be speaking. FOR MORE INFORMATION OR TO REGISTER

Charles Kuck has published a new blog entry. “USCIS and Why You Need an Immigration Attorney”

Robert Loughran organized and moderated a full-day EB-5 Immigrant Investor Summit for Attorneys and Developers in Dallas, Texas, on March 15, 2013. The event was sponsored by ILW. Mr. Loughran independently presented on “source of funds issues” in Form I-526, Immigrant Petition by Alien Entrepreneur.

Cyrus Mehta has published a new blog entry. “212(k) Waiver Victory Teaches That It’s Not Worth Manipulating the Immigration System To Settle Personal Disputes“.

Angelo Paparelli has published several new blog entries. “Rethinking Immigration: If America Will Welcome More Entrepreneurs, Why Not More Creatives?” “Will the New Labor-Business Accord Produce an Immigration Death Panel?”

Julie Pearl recently moderated a session on “Global Business Traveler Compliance” at the Bay Area Mobility Management (BAMM) annual conference, with panelists from Bechtel, Ernst & Young, and salesforce.com.

Pearl Law Group has announced the donation of its SuperLawyers Pro Bono cash award to Project Sandy Far Rockaway (helping victims of Hurricane Sandy), and to the establishment of a firm fund to assist needy pro bono clients with government application filing fees.

ABIL members participated in the Invest in America Summit in Shanghai. At the Invest in America Summit in Shanghai from March 15-18, 2013, Mr. Klasko, Mr. Wolfsdorf, and Mr. Yale-Loehr were featured as VIP speakers. ABIL also hosted a booth to offer resources to attendees of the summit. Featured in the photo are (left to right) Mr. Wolfsdorf, Mr. Yale-Loehr, and Laura Danielson.

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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

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EB-5 & Other Investor News from the Alliance of Business Immigration Lawyers Vol. 3, No. 1 • April 01, 2013

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Headlines:

1. USCIS-SEC Call Highlights Complexities of EB-5 Program – SEC subject matter experts discussed securities law compliance in the context of EB-5 regional centers and investments.

2. USCIS Issues Third Draft of Adjudications Policy Memo – Several commenters recommended revisions.3. USCIS Holds EB-5 Stakeholder Call on E-Filing Initiative – USCIS is considering integrating EB-5 processes into its electronic filing system.4. New Publications and Items of Interest – New Publications and Items of Interest5. Member News – Member News6. EB-5 Government Agency Links – EB-5 Government Agency Links

Details:

1. USCIS-SEC Call Highlights Complexities of EB-5 Program

U.S. Citizenship and Immigration Services (USCIS) and the Securities and Exchange Commission (SEC) invited interested individuals to participate in a stakeholder teleconference on April 3, 2013, to discuss the EB-5 immigrant investor program. During the call, subject matter experts from the SEC’s Divisions of Corporate Finance, Trading and Markets, Investment Management, and Enforcement discussed securities law compliance in the context of EB-5 regional centers and investments.

Among other things, an SEC representative noted that the definition of a “security” is broad and includes partnership interests. She said it is likely that an EB-5 investment is a security. Offers and sales of securities must be registered unless an exemption applies. Whether registered or not, federal securities law still applies, especially the antifraud provisions, she noted.

Regarding broker-dealer requirements, another SEC representative noted that if a person facilitates EB-5 investments in a U.S. business, he or she is probably engaged in brokerage activities. This means that the person would be subject to the broker-dealer rules, even if the investment is outside the United States. A case-by-case analysis is necessary to determine whether someone needs to register as a broker-dealer. For example, if you solicit the investment or get paid based on the investment, you are a broker-dealer. The same is true for advertising. If you are paid for finding investors, or have a “salesman’s stake,” you might be subject to broker-dealer rules.

If you are not a broker-dealer, you might still be an investment advisor if you are providing investment advice for compensation, another SEC representative noted. Depending on how regional centers are structured, they may have to be registered under the Investment Company Act (ICA), which is very broad. Any issuer that invests or trades in securities through pooled investors may be an investment company and be required to register under the ICA. There are exemptions, so the SEC recommended getting good professional advice from a qualified attorney.

The SEC did not comment on specific scenarios raised by participants or on particular EB-5 practices to avoid. The SEC advised listeners to seek advice from a securities attorney on specific issues.

RECORDING OF CALL (DROPBOX)

USCIS OMBUDSMAN’S EXECUTIVE SUMMARY

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2. USCIS Issues Third Draft of Adjudications Policy Memo

U.S. Citizenship and Immigration Services (USCIS) released the third draft of its foundational EB-5 adjudications policy memorandum in February 2013. USCIS first released the memo in November 2011, and released a second draft in January 2012.

Several commenters recommended revisions. Robert C. Divine, Vice President of IIUSA: Association to Invest in the USA, noted that, among other things, the latest draft of the memo opposes a guaranteed right of an investor’s eventual ownership in a particular asset (to be subtracted from capital at risk). He said that USCIS has said this orally in stakeholder meetings and in some adjudications, but never publicly in writing. He also noted that the latest draft clarifies that payment to an investor of a return on an investment (i.e., profit versus redemption of capital) during or after conditional residency is acceptable. The draft also recognizes risk-spreading by a single investment enterprise among multiple projects, but Mr. Divine noted that USCIS has tended to state that the projects must be identified in the I-526 of each investor relying on them. Mr. Divine lamented that the latest draft “fails to provide desperately needed guidance and clarification on many topics,” which he listed in his comments. He said that USCIS “simply is not keeping up with the number of questions that reasonably arise for well-intentioned developers and investors – questions that need predictable answers for prospective planning of major enterprises and projects.” He said the EB-5 program will not be attractive to developers and investors if they can only find out what the rules might be after they have spent “hundreds of thousands or even millions of dollars in project development and marketing and the investors file their I-526 petitions.”

IIUSA urged USCIS to implement the memo but recommended some revisions before finalizing it. IIUSA advocated:

  • Including language from previous agency interpretation on crediting construction jobs and/or the resulting indirect/induced economic impact to EB-5 investors;
  • Including language from previous agency interpretation on crediting indirect jobs created outside of a regional center’s boundaries;
  • Including language from previous agency interpretation on “tenant occupancy” economic model guidance;
  • Including language from previous agency interpretation on “visitors’ spending” economic input;
  • Establishing clear and commercially reasonable guidelines on the definition of material change/initial business plans;
  • Stating specifically that bridge financing can be an approvable use of EB-5 capital;
  • Barring foreign ownership of regional centers;
  • Allowing North American Industry Classification System (NAICS) codes of two digits and/or longer to be approved for a regional center’s particular industry sector;
  • Specifically stating which existing administrative memoranda will be rescinded after the memo is implemented;
  • Limiting the number of requests for evidence issued to one per regional center business plan and/or economic model; and
  • Issuing an I-797 approval notice for I-924 amendment applications for “actual” projects seeking pre-approval.

DRAFT USCIS EB-5 MEMO
IIUSA’S COMMENTS
MR. DEVINE’S COMMENTS

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3. USCIS Holds EB-5 Stakeholder Call on E-Filing Initiative

U.S. Citizenship and Immigration Services (USCIS) held a stakeholder teleconference on March 28, 2013, concerning its plans to include filing of Form I-526, Immigrant Petition by Alien Entrepreneur, and other forms used in the EB-5 process in USCIS’s “ELIS” (Electronic Immigration System). The Web-based system allows applicants to create an account and file an application online. At the teleconference, a USCIS representative said the agency is integrating EB-5 processes into its electronic system. The I-526 will be the first of four related forms being moved to ELIS. USCIS said the ability to see the status of a case online will also be provided in the future.

DETAILED NOTES ON THE CALL

MORE INFORMATION ON USCIS ELIS

FAQ ON USCIS ELIS

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4. New Publications and Items of Interest

Investment-for-visa schemes. An article in Forbes notes, among other things, that investors should beware of false claims that an investment in a venture is safer or guaranteed due to an influx of foreign cash.

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, 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 issues.

 

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 and was a finalist for the International Photography Awards. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at lauren@greencardstories.com or see the Green Card Stories website.

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

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5. Member News

Several ABIL members and firms were listed in Chambers Global 2013:

FosterQuan, LLP (Robert Loughran)
Ivener & Fullmer LLP (Mark Ivener)
Klasko Rulon Stock & Seltzer (H. Ronald Klasko)
Pearl Law Group (Julie Pearl)
Seyfarth Shaw LLP (Angelo Paparelli)
Wolfsdorf Immigration Law Group (Bernard Wolfsdorf)

Other Notable Practitioners:
Francis Chin
Charles Kuck
Cyrus Mehta
Stephen Yale-Loehr

Mark Ivener gave a presentation on an EB-5 panel on April 19, 2013, at the EB-5 Investment Visa Match-Making Forum in the City of Industry, California. Mr. Ivener’s speech was “EB-5 for Investors.”

Klasko, Rulon, Stock & Seltzer, LLP held its Annual Spring Seminar on April 23, 2013, at the Radisson Plaza-Warwick Hotel in Philadelphia, Pennsylvania. Topics will include legislation, USCIS policies and practices, CBP programs, J-1 waivers, university/hospital roundtable, corporate roundtable, employment eligibility verification, travel issues, prevailing wage issues, and more. H. Ronald Klasko spoke at the seminar. MORE INFORMATION

Charles Kuck has published several new blog entries. “Three Ways To Get Ready for Immigration Reform” “USCIS and Why You Need an Immigration Attorney”

Robert Loughran organized and moderated a full-day EB-5 Immigrant Investor Summit for Attorneys and Developers in Dallas, Texas, on March 15, 2013. The event was sponsored by ILW. Mr. Loughran independently presented on “source of funds issues” in Form I-526, Immigrant Petition by Alien Entrepreneur.

Cyrus Mehta has published a new blog entry. “212(k) Waiver Victory Teaches That It’s Not Worth Manipulating the Immigration System To Settle Personal Disputes“.

Angelo Paparelli has published several new blog entries. “The Xenophobes Can’t Kill Immigration Reform – But What Should CIR Supporters Do Now?” “Rethinking Immigration: If America Will Welcome More Entrepreneurs, Why Not More Creatives?” “Will the New Labor-Business Accord Produce an Immigration Death Panel?”

Mr. Paparelli was quoted in Law360 on April 18, 2013, in “Immigration Reform Bill Offers Employers A Mixed Bag.” He said, “I think the fact that the U.S. Chamber [of Commerce] and the AFL-CIO reached a consensus on a lesser-skilled worker visa is wonderful, but the numbers make the program illusory,” and noted that the cap on W visas was too low to fill the positions employers need.

Bernard Wolfsdorf has published a blog entry. “Update on Wait Lines for Chinese EB-5 Investors – Is It Really Good News?”

Stephen Yale-Loehr was quoted on CNN.com on April 18, 2013, in “Immigration Reformers Seek To Avoid Déjà Vu.” Among other things, he noted that “[t]he chances of getting something enacted this year are less than 50% because of the short number of legislative days, and the House Republicans may not feel the same sense of urgency to enact immigration reform legislation.”

Mr. Yale-Loehr was quoted on WBEZ in a transcript of a radio interview. He said he thinks the E-2 visa “is a good example of a true entrepreneurial visa. We should try to make it easier for people who want to do that to come to the United States more easily in the future, and to be able to get a permanent green card.”

Mr. Yale-Loehr was quoted by ABC online on April 16, 2013, in “How Unlimited Visas Could Affect Immigration.” He noted that green cards for spouses and children of permanent residents are in demand and backlogged.

ABIL members participated in the Invest in America Summit in Shanghai. At the Invest in America Summit in Shanghai from March 15-18, 2013, Mr. Klasko, Mr. Wolfsdorf, and Mr. Yale-Loehr were featured as VIP speakers. ABIL also hosted a booth to offer resources to attendees of the summit. Featured in the photo are (left to right) Mr. Wolfsdorf, Mr. Yale-Loehr, and Laura Danielson.

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6. 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. 9, No. 4A • April 01, 2013

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Headlines:

1. H-1B Filing for FY 2014 Starts April 1; USCIS Will Begin Premium Processing for H-1B Cap Cases on April 15 – Companies should file H-1B petitions now, and evaluate their anticipated hiring needs for H-1B professionals for the 12-month period beginning on October 1, 2013. USCIS will begin premium processing for H-1B cap cases on April 15.

2. No Wages Due If H-1B Employee Is Voluntarily Nonproductive, ALJ Finds – An arts school did not owe an H-1B nonimmigrant employee back pay for voluntarily nonproductive “work” time.

3. Deferred Enforced Departure Extended for Liberians – USCIS announced that it is automatically extending EADs through September 30, 2013, for Liberian nationals covered under DED. The automatic EAD extension followed President Barack Obama’s decision to extend DED through September 30, 2014.

4. Donald Trump Proposes Granting U.S. Citizenship to President Obama – At a press conference on April 1, 2013, Donald Trump announced that he would be open to the idea of granting U.S. citizenship to President Barack Obama.

5. ABIL Global: Belgium – New sanctions and measures against employers of unauthorized workers have been implemented, as has a new legal framework for enhanced inspection coordination relating to the employment of foreign nationals. Also, the administrative fees for residence permits have increased.

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. H-1B Filing for FY 2014 Starts April 1; USCIS Will Begin Premium Processing for H-1B Cap Cases on April 15

The Alliance of Business Immigration Lawyers (ABIL) reminds clients that H-1B filing for fiscal year 2014 starts on April 1, 2013. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013.

Companies should file H-1B petitions now, and evaluate their anticipated hiring needs for H-1B professionals (specifically, those requiring initial H-1B visas) for the 12-month period beginning on October 1, 2013. That is the date on which new H-1B visas become available under the annual cap. Employers can file H-1B petitions no earlier than six months in advance of the anticipated start date, so April 1, 2013, signals the start of what has become an annual race to get petitions filed as early as possible to ensure acceptance before the cap of 85,000 visas is reached. The 85,000 cap includes the basic cap of 65,000, plus an additional 20,000 H-1B visas available to foreign nationals who have earned an advanced degree (master’s or higher) from a U.S. university.

The H-1B cap for fiscal year 2013 was reached in June 2012. The pace of hiring this year means that the demand for new H-1B workers could result in the new cap being reached in early April. As in past years, some foreign nationals are not subject to the H-1B cap, including individuals who already have been counted toward the cap in a previous year and have not been outside the United States subsequently for one year or more. Also, certain employers, such as universities, government-funded research organizations, and some nonprofit entities are exempt from the H-1B cap. All other employers should be aware of the H-1B cap.

ABIL recommends that clients keep their ABIL attorney apprised of all new hires needing H-1B status before October 1, 2014. Examples would include F-1 students hired with optional practical training that expires before April 1, 2014, or current L-1B nonimmigrants who will have spent five years in that status as of any date before October 1, 2014.

U.S. Citizenship and Immigration Services (USCIS) said it anticipates receiving more petitions than the H-1B cap between April 1 and April 5, 2013. If USCIS receives more petitions than it can accept, it will use a lottery system to randomly select the number of petitions filed during that period to reach the numerical limit. The agency will reject petitions that are subject to the cap but not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap. The lottery for the H-1B cap was last used in April 2008.

USCIS noted that filers of H-1B cap cases may continue to request premium processing concurrently. Due to “historic” premium processing levels, combined with the possibility that the H-1B cap will be met quickly, USCIS said it has temporarily adjusted its current premium processing practice. As noted above, to facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013, even if they are filed earlier.

USCIS ANNOUNCEMENT

RELATED ANNOUNCEMENT ON PREMIUM PROCESSING FOR H-1B CAP-SUBJECT PETITIONS

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2. No Wages Due If H-1B Employee Is Voluntarily Nonproductive, ALJ Finds

The Department of Labor’s Office of Administrative Law Judges recently found that North Shore School for the Arts (NSSA) did not owe an H-1B nonimmigrant employee back pay for voluntarily nonproductive “work” time. NSSA had employed Natsuko Imai as a piano/music teacher for 20 hours per week at a wage rate of $40 per hour.

Among other things, an NSSA representative stated that Ms. Imai took some students into her own private studio rather than continuing to work with them as NSSA students, which was against NSSA policy. The representative also stated that Ms. Imai was uncooperative in working to get more students. The representative made suggestions for doing so that Ms. Imai rejected. Despite claims to the contrary, Ms. Imai was trying to get into graduate school and spent much of her time practicing piano rather than teaching or performing related outreach duties.

Administrative Law Judge (ALJ) Stephen M. Reilly noted that wages are to be paid for nonproductive time if the employee is “ready, willing, and able” to work and the nonproductive time resulted from a decision of the employer. He found Ms. Imai’s testimony “rife with evasiveness, equivocation and forgetfulness.” He said that her demeanor during testimony “raised questions regarding her truthfulness.” He also found her disregard of the law “troubling” because she admitted to working while on an F-1 student visa and also to working outside NSSA while she was in H-1B status, which are violations. She further admitted that she did not report income for tax purposes. She said she knew these actions were against the law when she did them. ALJ Reilly gave her testimony “little weight” because of these factors and her evasive answers. For example, the ALJ noted that she said that obtaining a doctoral degree was not her plan, but acknowledged that she had applied to doctoral programs and sought and obtained several recommendations for that purpose.

ALJ Reilly also noted that although Ms. Imai spent long hours at the school, her focus was on practicing the piano, not teaching or performing her job duties. He found that Ms. Imai did not make herself available to perform her job duties and thus was not ready, willing, and able to work. The ALJ did not hold the NSSA’s representative blameless either, stating that she was “blinded to reality.” ALJ Reilly found the employer responsible for back pay for work performed (74.5 hours plus interest, for a total of $2,980), but not for the hours in dispute during which Ms. Imai was not performing work.

CASE

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3. Deferred Enforced Departure Extended for Liberians

U.S. Citizenship and Immigration Services (USCIS) recently announced that it is automatically extending employment authorization documents (EADs) through September 30, 2013, for Liberian nationals covered under deferred enforced departure (DED). The automatic EAD extension followed a memorandum announcing President Barack Obama’s decision to extend DED through September 30, 2014, for qualified Liberians and those persons without nationality who last habitually resided in Liberia. USCIS said the six-month extension of existing EADs will permit eligible Liberians to continue working in the United States while they file their applications for new EADs that will cover the full 18 months of the DED extension.

ANNOUNCEMENT

FEDERAL REGISTER NOTICE

PRESIDENTIAL MEMORANDUM

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4. Donald Trump Proposes Granting U.S. Citizenship to President Obama

At a press conference on April 1, 2013, Donald Trump announced that he would be open to the idea of granting U.S. citizenship to President Barack Obama, either as part of comprehensive immigration reform or under a private bill. Mr. Trump explained that his position on this thorny issue has evolved quickly along with the rest of the nation’s. “Listen, I can see the handwriting on the wall as well as the next guy. I think something like nine states have legalized him already, and the Supreme Court is on the verge of allowing it, right?

Mr. Trump added one caveat: “This is if, and only if, he agrees to wait in line like everyone else.” The real estate mogul and reality TV star then whipped out an application that he had smuggled in under his puffy, generous mane. The journalists snapped photos while his personal assistant, formerly a groomer for the famous race horse Secretariat, patted it back down.

He also added that he would ” personally finance late-night snacks for congressional staff while they hammer out the details, the application fees for the President, his shoe-shine for the ceremony, a high-end suit, a photographer, whatever he needs. That way, he’ll finally be legalized and regularized in style, and I will personally be at the ceremony to congratulate him.”

When a journalist expressed surprise at Mr. Trump’s change of heart and reminded him that President Obama already has citizenship, Mr. Trump said, “Well, maybe he does according to whatever they call it in Kenya, but this makes it legal here in the United States. I think even the Pope would approve. In fact, I had lunch with him last week when I was in Italy visiting some properties I own over there, and he said he might be okay with a civil ceremony even if it doesn’t get the full stamp of approval from the Vatican. He’s a nice man, very humble.”

Mr. Trump also proposed hosting a “national conversation” on this issue for the last 10 minutes of each episode of “Celebrity Apprentice.” Almost as an afterthought, he added, “Happy April Fool’s Day!”

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5. ABIL Global: Belgium

New sanctions and measures against employers of unauthorized workers have been implemented, as has a new legal framework for enhanced inspection coordination relating to the employment of foreign nationals. Also, the administrative fees for residence permits have increased.

New Sanctions/Measures

The Belgian Act, dated February 11, 2013, provides for sanctions and measures against employers of third-country nationals without authorization. The law implements European Directive 2009/52.

Under the new rules, in addition to already existing sanctions, an employer who employs third-country nationals staying in Belgium without authorization can be sanctioned financially (for example, back payment of remunerations, taxes, and social security contributions).

A potential employer of a third-country national also is subject to a threefold “information obligation.” The employer must: (1) verify before the start of employment whether the third-country national holds a valid residence permit or other authorization of stay; (2) keep available for inspection a copy or record of the residence permit or other authorization to stay; and (3) notify the authorities of the start and termination of employment under the applicable rules. Infringement of these rules, including document fraud of which the employer was aware, is considered a serious infringement under the Code on Labor and Social Security Criminal Law.

The Belgian Act also provides sanctions and, to some extent, potential liability with regard to a portion of wages for parties who work, directly or indirectly, as a contractor or subcontractor, with employers of unauthorized third-country nationals.

These new provisions took effect March 4, 2013.

Legal Framework for Enhanced Inspection Coordination

Inspections for compliance relating to the employment of foreign nationals in Belgium is a responsibility at both the federal and regional levels (Brussels, Flanders, and Walloon Regions, and the German-speaking community).

On June 11, 2011, the Belgian federal authorities entered into a cooperation agreement with these regional authorities. The agreement will enhance inspections related to the employment of foreign nationals in Belgium by coordinating inspections and facilitating the exchange of information between the inspection services.

The Belgian federal authorities have approved the cooperation agreement by an Act dated March 1, 2013, which took effect March 31, 2013.

Increase in Administrative Fees for Residence Permits

Belgian residence permits are electronic identification cards, issued by the municipal authorities but produced by an external company. The Belgian Ministry of Interior Affairs recently decided to slightly increase (from 3 to 5 EUR) the fees that are charged to municipalities for these electronic ID cards. The overall fees charged to applicants also will increase.

A Royal Decree dated March 15, 2013, that took effect on April 1 determines the new fees chargeable to the municipal authorities:

  • The fee for “regular” processing (3 to 5 weeks) of an electronic residence permit is now 15 EUR;
  • If transport of the permits is handled exclusively by an external company, the fees for “very urgent” processing (2 working days) and “urgent” processing (3 working days) are 180 and 116 EUR, respectively. If the municipality is also involved in the transport of the permits, these fees may be 86 or 57 EUR, respectively.

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6. New Publications and Items of Interest

2012 statistics on U.S. legal permanent residents. The Department of Homeland Security has released “U.S. Legal Permanent Residents: 2012.” The report notes that in 2012, a total of 1,031,631 persons became legal permanent residents (LPRs) of the United States. The majority (53 percent) already lived in the country when they were granted lawful permanent resident status. Nearly 66 percent received it based on a family relationship with a U.S. citizen or LPR. The leading countries of birth of new LPRs were Mexico (14 percent), China (7.9 percent), and India (6.4 percent). REPORT

Report on guestworker programs. Southern Poverty Law Center (SPLC) has published “Close to Slavery: Guestworker Programs in the United States.” The report finds that the current H-2 program for temporary farmworkers and non-farm laborers is “rife with labor and human rights violations” and “harms the interests of U.S. workers.” The report notes that employers brought about 106,000 guestworkers into the United States in 2011, including approximately 55,000 for agricultural work and another 51,000 for jobs in forestry, seafood processing, landscaping, construction, and other non-agricultural industries. Among other things, the report charges that guestworkers are routinely cheated out of wages, held virtually captive, subjected to human trafficking and debt servitude, forced to live in squalid conditions, and denied medical benefits for on-the-job injuries. SPLC recommends an overhaul of the program if it is continued, and says that it should not be expanded or used as a model for immigration reform. REPORT

Several ABIL members co-authored and edited the Global Business Immigration Practice Guide, 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 issues.

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 and was a finalist for the International Photography Awards. The writer, Saundra Amrhein, was nominated as a finalist on the short list for the 2011 Santa Fe Writers Project Literary Awards. Green Card Stories is also featured on National Public Radio’s photo blog.

For more information, e-mail Lauren Anderson at lauren@greencardstories.com or see the Green Card Stories website.

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

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7. Member News

Several ABIL members and firms were listed in Chambers Global 2013:

FosterQuan, LLP (Robert Loughran)
Ivener & Fullmer LLP (Mark Ivener)
Klasko Rulon Stock & Seltzer (H. Ronald Klasko)
Pearl Law Group (Julie Pearl)
Seyfarth Shaw LLP (Angelo Paparelli)
Wolfsdorf Immigration Law Group (Bernard Wolfsdorf)

Other Notable Practitioners:
Francis Chin
Charles Kuck
Cyrus Mehta
Stephen Yale-Loehr

Klasko, Rulon, Stock & Seltzer, LLP will hold its Annual Spring Seminar on April 23, 2013, at the Radisson Plaza-Warwick Hotel in Philadelphia, Pennsylvania. Topics will include legislation, USCIS policies and practices, CBP programs, J-1 waivers, university/hospital roundtable, corporate roundtable, employment eligibility verification, travel issues, prevailing wage issues, and more. Mr. Klasko will be speaking. FOR MORE INFORMATION OR TO REGISTER

Charles Kuck has published a new blog entry. “USCIS and Why You Need an Immigration Attorney”

Robert Loughran organized and moderated a full-day EB-5 Immigrant Investor Summit for Attorneys and Developers in Dallas, Texas, on March 15, 2013. The event was sponsored by ILW. Mr. Loughran independently presented on “source of funds issues” in Form I-526, Immigrant Petition by Alien Entrepreneur.

Angelo Paparelli has published several new blog entries. “Rethinking Immigration: If America Will Welcome More Entrepreneurs, Why Not More Creatives?” “Will the New Labor-Business Accord Produce an Immigration Death Panel?”

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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

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