EB-5 Regional Center Pilot Program Extended for Three Years

On October 29, 2009 President Obama extended the EB-5 regional center pilot program for another three years, through September 20, 2012. While this fell short of the permanent extension we had hoped for, we are pleased that the program continues to be available. Regional Centers are private corporations and governmental agencies designated by the U.S. government to allow foreign investors to invest capital in their local economies to create jobs through economic development.  The foreign investors receive in exchange the benefit of a return on their investment and the prospect of qualifying for permanent residency (a green card) through the EB-5 Investor Program.  If you wish to have more information or discuss any aspect of this program, please contact us at (305) 358 0155.

Customs and Border Protection Detaining Legal Permanent Residents with Criminal Convictions

The national office of Customs and Border Protection (CBP) has confirmed that beginning on October 1, 2009, there is a greater likelihood that returning Legal Permanent Residents (LPRs) with criminal convictions will be issued a Notice to Appear (NTA) at ports of entry rather than being referred to deferred inspection.  In addition, depending on the nature of the conviction, CBP staffing, and available detention bed space, among other factors, it also is possible that more returning LPRs with criminal convictions will be detained. CBP confirmed, however, that deferred inspection for such returning LPRs is still an option. CBP explained that it modified its policy based on information reflecting that an appreciable percentage of those granted deferred inspection do not show up for such inspection. More guidance to the field will be forthcoming from CBP, but be aware of the likelihood of an increase in the number of LPRs being detained and/or issued NTAs at ports of entry. CBP confirmed that this policy already had been in place in Georgia and Florida.  If you are an LPR who has been charged with a criminal violation at any time, no matter what the outcome, please contact our office to discuss the consequences prior to traveling abroad. 

H-1B Cap Count Jumps 7,000 in One Month to 52,800

USCIS announced that, as of October 23, 2008, it had received approximately 52,800 H-1B cap-subject petitions for the 2010 fiscal year.  Companies that may required H-1B workers should file as soon as possible to capture a 2010 H-1B visa number.  Any petitions arriving after the 2010 quota is reached will be rejected and employers will not be able to file again until April 2010.  The employee will not be eligible to start employment until October 2010.

Diversity Visa Registration Open on October 2, 2009

Online entry registration for the 2011 Diversity Immigrant Visa program began on October 2, 2009 and will be open through November 30, 2009.  The program makes available 50,000 diversity visas (DV) annually for applicants who meet strict eligibility requirements from countries with low rates of immigration to the US.  DVs are selected randomly from all entries.  More information can be found on the USCIS website at the following link: http://travel.state.gov/visa/immigrants/types/types_1318.html.

Please note that there have been instances of fraudulent websites posing as official U.S. Government sites. Some companies posing as the U.S. Government have sought money in order to "complete" lottery entry forms. There is NO CHARGE to download and complete the Electronic Diversity Visa Entry Form. The Department of State notifies successful Diversity Visa applicants by letter, and NOT by email.

Benefits of Naturalization

Many legal permanent residents (“LPRs”) feel hesitant about applying for United States citizenship for a variety of reasons.  Most are under the mistaken belief that the United States does not allow dual citizenship.  However, the United States is one of many countries that permits its citizens to have dual citizenship.  The following is a list of many of the benefits of becoming a United States citizen:

• Voting. As a United States citizen, you have the right to vote in any federal, state, or local election.  It is important that we all exercise this right to vote and elect candidates whom support comprehensive immigration reform.
• Reuniting Families.   Unlike permanent residents, United States citizens have the right to file residency petitions for a parent, spouse, or minor child (unmarried and under 21 years of age) without any quotas or wait-times.
• Travel.  Permanent residents are not permitted to leave the United States for a period of more than 180 days without filing for a re-entry permit.  United States citizens are free to live abroad for as long as they like without any hassles.
• No more visas.   United States citizens can travel to more than 155 countries around the globe without a visa or with a visa on arrival.  There are very few countries which require United States citizens to apply for a visa in advance and pay visa application fees.
• Eligibility for Federal Jobs.   Most jobs with government agencies require United States citizenship.  This includes many local and regional jobs such as becoming a policeman or firefighter.  The federal government is the single largest employer in the country so in these tough economic times United States citizenship can open doors to employment with the nation’s largest employer: the government.
• Social Security/Medicaid Benefits.  Permanent residents become ineligible for many social security benefits such as Social Security Supplemental Income (SSI) and Social Security Disability Insurance (SSDI) after holding permanent resident status for more than seven years.  This limitation on SSI and SSDI eligibility prevents many disabled residents from having access to Medicaid and other federal benefits.
• Financial Aid.  Although permanent residents are able to access basic government financial aid, many college scholarships and funds given by the government for specific purposes are limited to United States citizens.

There are many reasons why permanent residents should consider applying for United States citizenship.  If you are over the age of 18, have been a permanent resident for at least five years, three years if married to USC, you may be eligible to naturalize.  Contact our office for more information on how to become a United States citizen.

Long Wait for Employment

The December Visa Bulletin offers little relief to those who are waiting for visa numbers to become available.  According to the USCIS, there are about 234,000 foreign nationals with pending employment-based adjustment of status applications in the US most of which cannot be approved until visa numbers become available.  For individuals with applications pending in the Third Preference Category, numbers are available only for those whose priority date is earlier than June 1, 2002.   For applicants from India the date is May 2001.  We can only hope for some forward movement in January.