Excitement About Work Permit Order May Be Premature

Recently there have been serious rumors spreading that the Obama Administration plans on making strong moves towards immigration reform based on a new federal contract proposal that suggests the purchase of enough materials to produce as many as 34 million work permits and residency cards over the next five years.  Further implications from this suggest that the Obama Administration is preparing for an increase in work permit applications from illegal immigrants living in the United States.  The new contract for at least 5 million cards a year would give the White House enough flexibility to issue more permits seeing as this is 2 million more than the current status quo on annual work permits.

Obama announced earlier this year that if Congress didn’t pass immigration legislation, he would act on his own.  Unfortunately after postponing any action not once but twice, Obama announced that he would hold off on all executive actions regarding immigration until after November’s midterm elections.  This is expected seeing as the President has no actual legal authority in unilaterally offering illegal immigrations green cards or any other permanent residency status.  However, the President does have the right to authorize protection from deportation on a case-by-case basis.

The mistake here is that the estimates of supplies requested by the USCIS led many to believe that President Obama planned to allow more than 30 million immigrants to enter the United States in the near future.  What people chose to ignore is that rather the government was merely seeking a vendor who could supply that number of card blanks (for both newly issued cards and replacements of existing cards) over a span of several years.  The spokesperson for the Federation for American Immigration Reform, Bob Dane, had this to say:

“There aren’t enough federal employees from here to Pluto to do adequate background checks on 34 million.”  He added, “It’s another petulant display of contempt of Congress.”

The USCIS bid request was not issued by President Obama via executive order, nor did it make any mention of social security cards.  The numbers frequently cited in references to this bid state the maximum materials that a successful bidder must have the potential to manufacture, but those estimates in no way reflect the actual number of documents USCIS expects to issue.

Regardless of the nature of these pressing news, U.S. Citizenship and Immigration Services Director Leon Rodriguez publicly stated earlier this week that his agency was ready for whatever immigration changes Obama may announce.

If you have any questions, please contact the team here at Buda Law Group and get a free consultation regarding any of your immigration needs.

Thank You,

John B. Buda, Esq.

National Visa Center Delays

Recently, due to a surge in immigrant visa petitions approved by the USCIS, the National Visa Center is experiencing a significant backlog.  The NVC has issued notices to applicants advising that it is experiencing increased review times for documents received and thus expects delays of at least sixty days from the date NVC receives the documents.  The NVC, located in Portsmouth, NH, conducts pre-processing of immigrant visa petitions that have been approved and forwarded by USCIS.  Once the priority date of a visa petition becomes current, the NVC notifies the applicant and requests the relevant fees and supporting documentation.  If a priority date is not current, the NVC will hold the petition until it becomes current.

What this means in practical terms is that most immigrant visa cases will experience significant delays in processing.  Affidavits of support or responses sent to address deficiencies noted in any checklists from NVC will not be able to reviewed and evaluated right away.  Unfortunately, this technical problem already aggravates situations where documents are not properly reviewed and where checklists are unnecessarily issued.  For example, it is not uncommon for NVC to request Joint Sponsors or additional financial documentation to support an Affidavit of Support when it may not be warranted.

The recent backlog is no doubt frustrating to many, especially in light of the fact that many immigrant petitions sit for years waiting for visa availability.  NVC reports that it is working diligently to reduce processing times, but based on similar occurrences in application delays from previous years, any fundamental change in processing procedure is unlikely to happen.

We at Buda Law Group have many client that are affected by the NVC delays.  It has been a painful time for us and our clients.  Even though the NVC says it is working to remedy the problems, we don’t’ see progress.  In fact, we see further delays, outright mistakes on applications, and misinformation given by NVC workers who apparently are new on the job.  It can be further frustrating to wait months on an application, then see a mistake by an officer, or unnecessary scrutiny on an application which is obviously ready for interview.

If you have any questions, please contact the team here at Buda Law Group and get a free consultation regarding any of your immigration needs.

Thank You,

John B. Buda, Esq.

Obama extends EB-5 Program by 3 years

On September 28, President Obama signed a bill presented to him by the Senate, extending the Regional Center Pilot program for the EB-5 Visa by another three years.  The Regional Center Pilot began in accordance with a Congressional mandate aimed at stimulating economic activity and creating jobs for U.S. workers, while simultaneously affording eligible aliens the opportunity to become lawful permanent residents.  Through this innovative program, foreign investors are encouraged to invest funds in an economic unit known as a “Regional Center.”  A Regional Center is defined as any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment that has been designated and approved by the USCIS.

The extension essentially means that all pending regional center applications that were previously filed with the USCIS will continue to be processed according to the regional center requirements with no lapse in the program. Congress showed overwhelming support for the extension of this profitable immigration program.  In fact, not one Senator voted against the extension and only 3 U.S. Representatives out of 435 voted against it.  This speaks volumes to the integrity of the EB-5 Regional Center Pilot program and the respect it commands from our country’s leaders.  The bill was signed by President Obama just two days before the expiration date, bringing overwhelming relief to immigrant investors and many US workers alike.  Although this extension is not of permanent basis, the unanimous support of the government is a great indicator of future extensions for the program.

The EB-5 program is a great opportunity for investors and the United States alike, and these extensions definitely allow for many prospects to occur with those that are interested in pursuing a visa through this unique program.  Please contact the team here at Buda Law Group and get a free consultation regarding any of your immigration needs.

Thank You,

John B. Buda, Esq.

I-130 Processing Times

An I-130 is a form that citizens and U.S. civilians file for their “immediate relatives” which includes spouses, parents, or unmarried children in order to qualify for a green card.  Unfortunately, the processing times for these particular applications are extremely tenuous and drawn-out.  In November of 2013, the processing times were longer than they had ever been in the past.  The USCIS claimed that they were 9 months, while the New York Times claimed that they had exceeded up to 15 months.  Currently, the USCIS claims that the processing times have drastically improved and are at the 5-7 month mark depending on the USCIS office that is processing the application.  Nevertheless, it is important to understand why the delays exist in the first place.

The USCIS has never clearly explained the reasons for the delays with the I-130 process.  During a meeting with AILA  (American Immigration Lawyers Association) a few months ago, the USCIS states that the “delays were the result of increased filings of certain form types as well as difficulties in hiring new staff to address these increased filings”.  The more likely truth is that President Obama is directly responsible due to his Deferred Action for Childhood Arrivals (DACA) act, which worked as a delay to deportation, instead of granting work authorization.  This sudden new set of priorities for the USCIS created bureaucratic red tape which in turn, halted I-130 processing times.

There are several options available for those that are unable to deal with extensive processing times for the I-130.  The very first thing we here at Buda Law Group can recommend is to contact the USCIS if your case is exceeding the above mentioned processing times.  Another option is to apply for a nonimmigrant visa.  Some popular visa options include the H-1 temporary worker visa, the B1/B2 visitor for business visa, the F-1 student visa, among several others.

In conclusion, the recent I-130 processing times have simply not been acceptable.  The USCIS has gone directly against its promise to lower processing times to less than 5 months, leaving countless applicants in search of other options.  With some of those options listed above, it is important to know that having the right lawyer guide you through the process can mean the difference between approval and denial.

If you have any questions, the team here at Buda Law Group will gladly answer them.  Please reach out to us to find out more or get a competitive quote on our legal immigration services.

Thank You,

John B. Buda, Esq.

EB-5 Retrogression and its Effect on Chinese Applicants

Previously when China exceeded 7 percent of its allocated EB-5 immigrant investor visas, applicants were allowed to take the allocated visas of other countries that did not use their quota. All this has changed now since the US State department decided that issuing new EB-5 Visas to Chinese applicants will be frozen or retrogressed until October 1, 2014. Starting October, a brand new visa quota of 10,000 EB-5 visas for all applicable countries will become available for the fiscal year going all the way through September 30, 2015. Once again China should be given 7 percent of this allotted amount and will be allowed to access the unused visas given to other countries.

In 2013, 8,567 EB-5 visas were issued. In the first two months of the 2014 fiscal year alone, over 6,700 EB-5 petitions were already filed and pending with the USCIS. The implications of this is that reaching the annual 10,000 allotment for the new fiscal year will certainly be inevitable, delaying Chinese Immigrants in their ability to obtain an immigrant investor visa even more than they will already be waiting during the time it takes to process their I-526 petitions. Unfortunately this will force some Chinese investors to look to other countries that are active in pursuing investors. Some examples are the United Kingdom, Canada, and Australia, which will welcome Chinese investors that have no choice but to immigrate there due to being dealt the prospect of waiting two or more years before being able to immigrate to the U.S. It is in the interest of the United States to immediately prevent this. It is estimated that the EB-5 program has raised more than $6.7 billion in capital for needed projects and created more than 95,000 direct jobs, and hundreds of thousands of indirect and induced jobs. The USCIS estimates that 80-90% of all EB-5 investors select real estate-related investments, particularly those that create a large number of new US jobs such as hotels, restaurants, night clubs, resorts and senior living.

The USCIS needs to realize that EB-5 immigrants make up less than 1 percent of the immigrants that come to the United States, and this is likely because they come from the top 99 percent. These applicants are all well-educated and wealthy individuals that will do nothing but create capital for projects in the country as well as create great jobs for Americans. The solution is simple: raise the maximum cap on the total EB-5 visas allotted and re-evaluate the 7 percent cap on Chinese immigrants in that category. Additionally, the USCIS can limit the 10,000 investor visas to be limited to petioners alone and not the family members that they choose to bring along. This is because the average EB-5 applicant comes with two to three other family members. With this average calculated, the United States will see 30,000 new immigrants as opposed to the 10,000 cap.

In conclusion, the EB-5 program is a great opportunity for investors and the United States alike. However, in order for it to succeed and thrive, the USCIS needs to eliminate this huge accumulation of petitions and caps, EB-5 Retrogression, and reduce the 1-2 year processing time. These considerations need to be accommodated or the program will simply not be viable.

EB-5 Source of Funds

Before the Immigration Act of 1990, there were only four categories of employment-based preferences for immigration visas. The law set priorities for artists with exceptional skills, scientists with advanced degrees, and migrants looking to work in fields with labor shortages and government hires. The newest employment based category, the EB-5, gives a conditional permanent visa to immigrants willing to invest money into the United States.

A foreign investor looking for permanent resident status under the EB-5 program needs to invest at least $1 million in a development project (or $500,000, if the investment is targeted in a rural area or a place with a high unemployment). The issue is that the investor has no guarantee on the return of the investment. With the main objective of living in the States, immigrants care far more about getting a green card than anything else in part because their families get visas too.

The program works by having immigrants first apply for a provisional green card and if approved can come to the United States for two years. Then, to get their permanent visas, they have to submit evidence within the two years that their money has provided 10 jobs. If the project fails to do that, immigrants and their families can be deported.

For the first 18 years of its existence, the EB-5 program was a bust. However, with the 2008 financial crisis hit, banks began to struggle in loaning out money, and that’s when the EB-5 visa applications skyrocketed. Today the program brings about $1.8 billion into the U.S. annually. The government is on pace to grant more EB-5 visas in 2014, than it did in the programs first 17 years combined.

Despite its growing popularity and impact to the economy, the EB-5 industry remains essentially unregulated. EB-5 investments are typically sold through unregistered securities offerings and rarely involve broker-dealers, so deal documents receive no SEC scrutiny and face little due diligence. According to experts, even the attorneys who prepare offering documents rarely check their clients’ claims or backgrounds. This opens the door for potential fraud where unverified and untraceable money can be funneled into the United States by unconfirmed sources.

For these reasons, it is important regulate the money coming in from these foreign countries. More than 80% of the program’s applicants now come from China and regulations need to put in place that will track and verify the source of the investor’s money. It is crucial to have funds wired from foreign countries that are legally confirmed by their banks to avoid any disturbances in the application process.

The experienced immigration specialists here at Buda Law Group have extensive familiarity with EB-5 Source of Funds, Tracking and Tracing reports in the EB-5 applications they have handled in the past. Therefore, it would be most beneficial to potential applicants to have their financial data analyzed and confirmed by our attorneys to make sure everything is in order for their application. If you are interested in seeking an EB-5 visa and/or are looking for a sound investment option, give us a call today for a free consultation.

Thank You,

John B. Buda, Esq.

Visa Waiver Program

The Visa Waiver Program (VWP) is a program by the U.S. Government that allows citizens of participating countries to travel to the United States for tourism, business, or while in transit for up to 90 days without having to obtain a visa. The program applies to all 50 U.S. states as well as the U.S. territories of Puerto Rico and the U.S. Virgin Islands.

To be eligible for the Visa Waiver Program, the traveler seeking to enter the U.S. must be a citizen of a country that has been approved by the U.S. Homeland Security. All of the countries selected by the U.S. government to be in the program are high-income economies with a very high Human Development Index and most of them are generally regarded as developed countries. Currently, there are 38 countries that are eligible for visa-free entry into the U.S. under the Visa Waiver Program, with the country of Chile being the most recently added. The full list of participating countries can be found at http://www.travel.state.gov/content/visas/english/visit/visa-waiver-program.html.

Travelers from eligible countries must meet all of the following requirements. First, all travelers must have individual machine-readable passports. Second, in order to travel without a visa on the Visa Waiver Program, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is the Department of Homeland Security and U.S. Customs and Border Protection’s automated web-based system to determine eligibility to travel without a visa to the United States for tourism or business. Third, the purpose of the visit must be for business or tourism. Business purposes include consulting with business associates, attending conventions or conferences, and negotiating a contract, while tourism purposes include vacationing, visiting family or friends, and participation in social events. It is important to be noted that on the Visa Waiver Program certain travel purposes are not permitted such as study for school credit, employment purposes, or permanent residence in the U.S. Lastly, if traveling by sea or air, all travelers must be arriving on an approved carrier, with a round trip ticket indicating return passage to a country outside the U.S.

Once in the U.S. a traveler under the Visa Waiver Program cannot request an extension of the original 90-day limit. However, travelers can adjust their status if they either get married to a U.S. citizen or apply for asylum.

If you are living in one of the participating countries and are interested in the Visa Waiver Program, or have any general questions, contact Buda Law Group today for consultation. Call us now and our experienced team can help you reach your goals.

Thank You,

John B. Buda, Esq.

Proposed Changes to H1B Visas

The US H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in architecture, engineering, mathematics, science, and medicine. Under the visa a US company can employ a foreign worker for up to six years.

Applying for a non-immigrant visa is generally quicker than applying for a US Green Card, but under the terms of the H1B, the foreign employee can subsequently apply for a Green Card and become a permanent resident. If an employer is willing, it can sponsor a foreign employee currently on H1B status for a green card and/or permanent citizenship. As a result, the H1B category is highly advantageous for any specialized workers willing to be employed in the US.

Recently, changes proposed by the Obama administration will allow spouses of H1B visa holders to work in the US. Under existing regulations, the Department of Homeland Security doesn’t extend employment authorization to spouses of H1B visa holders, who often have specialized skills in engineering, programming and other high-tech fields. Moreover, US companies are capped at sponsoring a total of 65,000 foreigners with at least a bachelor’s degree for the H1B visa. Once that limit is reached, the USCIS randomly selects applications to be considered for visas through a lottery. The new legislation will not only increase the cap on H1B visas to 180,000 depending on economic conditions and demand, but will also authorize spouses of H1B visa holders to seek work in the US.

This is excellent news for all US employers with an international workforce as well as qualified foreign workers seeking employment in the United States. Importantly, however, the current shortage of H1B visas has greatly impacted India’s outsourcing companies in the United States, who have recently been hiring locally to offset an imbalance of foreign workers. However, Indian IT firms, for example, find it hard to find skilled U.S. workers as unemployment in the technology sector in the U.S. is lower than 3%. Therefore, this legislation should be welcome news for Indian employees seeking work in the technology sector.

If you are a foreign worker interested in pursuing an H1B, or a US company seeking international employees, our experienced attorneys are eager to help you in your endeavor. Our team has a track record of successful applications, extensions, and change of status. Give us a call today to begin immediately

Thank You,

Student Visa & Optional Practical Training – OPT

Generally, a student who wants to study in the United States can do so by obtaining an F-1 visa. An F-1 visa is applicable to foreign students who wish to pursue their education in the United States. This allows foreign students from around the world to have an opportunity to come to the United States and pursue their educational goals.

Traditionally, an F-1 student could only work while in the United States if it was an on-campus job not exceeding 20 hours a week or if previously authorized by USCIS. However, the USCIS gives these students the option of working in the United States by engaging in practical training during or after their program ends. Practical training can provide valuable work experience by sharpening and adding to the skills learned while in school. There are two types of practical training available for F-1 students: curricular practical training (CPT) and optional practical training (OPT). Students can work for a total of 12 months toward practical training and it can be distributed between CPT and OPT.

Curricular Practical Training (CPT) is a temporary employment authorization for F-1 visa students while they are enrolled in a college-level program. To be eligible for CPT, a student must have stayed in the United States for at least 9 months and not have completed their program. CPT must relate to your major and the experience must be part of your program of study. A student can work on CPT either full-time or part-time. An F-1 student with 12 months or more of full-time CPT, is ineligible for OPT, but part-time CPT is fine and will not stop an F-1 student from doing OPT.

Optional Practical Training (OPT) is a temporary employment authorization for F-1 students directly related to their major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies. Both pre-completion and post-completion OPT must be directly related to the student’s major area of study. An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full time when school is not in session. An F-1 student may be authorized to participate in post-completion OPT upon completion of studies. Any work completed during the Pre-completion will be deducted from the 12-month limit and carries over to the Post-completion.

However, an interim final rule was passed in April 2008 that allows qualified F-1 students to extend their period of OPT from 12 months to 29 months. This 17 month OPT extension is available for F-1 students who have received a Science, Technology, Engineering, or Mathematics (STEM) degree in one of the approved majors listed on the USCIS website (http://www.ice.gov/sevis/stemlist.htm). This extension of the OPT period for STEM degree holders gives U.S. employers two chances to recruit these highly desirable graduates through the H-1B process, as the extension is long enough to allow for H-1B petitions to be filed in two successive fiscal years. This provides a permanent solution to the H-1B “cap-gap,” when an F-1 student’s status and work authorization expire during the current fiscal year before the student can start approved H-1B employment during the next fiscal year beginning on October 1. Previous cap-gap provisions extended only the stay but not the employment authorization.

If you are a foreign student interested in continuing your education in the United States, or if you are currently studying in the United States but would like to pursue work authorization, contact Buda Law Group today for a consultation. Understanding the intricacies of the F-1 visa can be difficult, but our experienced team can help you every step of the way.

U.S. Citizenship – New Programs

Hot on the heels of its successful outreach programs in Los Angeles and Chicago, the USCIS has most recently partnered up with Nashville, Tennessee to help permanent residents in their journey toward U.S. citizenship, by strengthening the citizenship education efforts in Metro Nashville.  Currently, Tennessee is one of the highest ranked Southern states of immigrants. Thousands of immigrants and refugees settle into Nashville and Middle, Tennessee to begin their new lives in America. The goal of the partnership outreach programs is to facilitate immigrant integration into the community. One way the partnership has sought to achieve this goal is through seeking the help of the Nashville Public Library and creating the “New American Corner” program. The “New American Corner” is an integration resource for aspiring immigrants. The program is held in five public libraries and four community centers where resources such as English as a Second Language classes and classes to prepare aspiring citizens for the naturalization test and interviews. The immigrants, without undue financial burden, learn how to write and speak English at an accelerated rate and are well prepared for the naturalization process. The instructors distribute aspiring citizens with naturalization material like the Constitution, Bill of Rights, and important dates in history for aspiring citizens to not only successfully pass the naturalization test, but to also understand the history of the United Stated and the rights and responsibilities given to them as United States citizens.

As the partnership between the USCIS and Metro Government continues to grow, the program will establish a platform of information for all aspiring citizens. This will include providing immigrants with information about: (1) the most current U.S. Citizenship information, (2) false immigration service scams, (3) naturalization information sessions in the community, and (4) the various naturalization requirements for aspiring citizens who want to get permanent residency through EB1 or EB2.

Through the USCIS partnership in Los Angeles, the rate of aspiring citizens who have passed the naturalization interview and test on their first attempt has increased substantially. This in turn helps immigrants integrate in their communities more easily and feel more connected and at home in the United States. While the programs the USCIS is implementing are extremely successful with helping immigrants learn the fundamentals of gaining citizenship, it is nevertheless imperative to seek qualified legal assistance in order to choose the best visa option available for your respective needs. The application process is often overwhelming due to specific requirements and numerous nuances.

Thus, whether you are seeking temporary or permanent residency as an O, EB1, EB2/NIW, or any other type of visa applicant, Buda Law Group’s professional and experienced team will help guide you every step of the way.  Call us now to discuss your goals and how our team can assist you in reaching them.