Last fall I completed coursework at the University of Chicago to receive an MBA from that institution’s Booth School of Business (hereinafter, “Booth”). The twenty courses together with the myriad suite of leadership training from what—according to many sources—is as the world’s top learning institution, gave me a new perspective on being a business immigration lawyer, among other things. When I began this program, I was already several years into the practice of law in Chicago and Mexico City, and I had taught high school in Chicago for some years before that. Thus, having had, by this point in my life, the benefit of so many diverse life experiences as well as a degree in the teaching of history and a Juris Doctor, I entered the program cocksure and content. Believing that this degree would only add this outlook, what I got instead was a huge dose of humility.
Por fin tenemos algo positivo del Servicio de Migracion (USCIS) en este año turbulento. El dia 29 de Julio se publicó en el Federal Register una regulación modificada donde se permite a lo que se estima ser alrededor de 100,000 demás personas quienes antes no podían beneficiarse del “perdón provisional” que se aprobó en el 2013. Estos nuevos grupos a partir del 29 de agosto podrán manejar su perdón dentro de EEUU sin salir del país hasta que saben que es un 99% el poder reentrar al país en menos de una semana ya como residente permanente del país.
In the wake of the Jay Peak investigation and lawsuits by the State of Vermont, many investors are beginning to ask the question, “Is EB-5 really worth the risk?” It’s not that EB-5 investment opportunities should be discarded as an immigration option, but it generally ought to be a last option for many people who are looking for ways to use their capital and professional wherewithal to obtain U.S. residency. This is not only because it can be difficult to determine whether or not you can actually trust the regional center business you might invest in, but also because you are taking more than half-a-million dollars out of commission for several years that you might otherwise use for a more lucrative investment.
Obtaining a green card through investment isn’t as easy as some might hope, and recent events will only make it more difficult. Earlier this year the news of a Vermont EB-5 project having misappropriated investor funds hit the media circuit. That State’s Department of Professional Regulation and its Attorney General’s office filed its amended complaint on June 15, 2016, which document sets forth a number of allegations, including the program’s managers’ direct misappropriation of investor funds for their personal enrichment. You can find the complete complaint here if you want to review all the gritty details.
For over a decade, the immigration service has become increasingly selective about which L1 visas it approves, particularly when it comes to the L1B specialized knowledge category, but also for the L1A visa category in certain areas. An important memoranda was signed by the director of USCIS in 2012 relating to the L1B issue, that your attorney will likely want to consult on this point, called Interpretation of the Term “Specialized Knowledge” in the Adjudication of L-1B Petitions. The content below will go over the L1 visa process as well as tell you how to avoid some common problems along the way.
Topics: L1 Visa
Those companies that are eligible to file blanket L-1 visa petitions will want to opt for this methodology, as it will completely avoid the lengthy approval process with the immigration service typically required prior to the actual visa request with the foreign national’s local consulate or embassy, thus allowing employees to essentially show up at those offices, and with proper documentation on hand, receive their L-1 visa. This blanket status is habitually approved for three years but can subsequently be granted an extension for an essentially indefinite term. Because this process is so very accommodating to the business that serves as a qualifying organization under the blanket petition, there are several strict requirements that must be met in order to allow for this benefit’s provision.
Topics: L1 Visa
Apenas estarás recuperándote del dolor de cabeza que las noticias de la semana pasada te dieron sobre la situación migratoria de este país. O puede ser que ya estas tan agobiado con la situación general de la política en los Estados Unidos que es simplemente otro gran punto negativo dentro de lo que parece ser una lista infinita de lo que ya te provocó tanto estrés que te pones un escudo mental frente a ella para no pensar en el tema de la política ni de migración. Pues la verdad es que si hay bastante en nuestro ambiente actual para causar hasta nausea. En este articulo espero poder dar por lo menos un poco de orientación legal sobre como manejar estos mares turbulentos con el máximo cuidado y la mayor salud mental posible dada las circunstancias.
The L-1 visa rules may seem straightforward, but with high rates of denials—forty-one percent in one subset, alone—it is very important that you and your experienced immigration attorney carefully craft your application based upon the letter of the law and the practical goings on that are internal to the immigration service. Because there are unique requirements for both the L-1A and the L-1B visa categories, we will discuss each of them in turn. There also exist separate sub-categories of L visas for opening a new business and for “blanket” L visa petitions whose visa rules we will review in a subsequent blog post. None of these tips are a substitute for an individualized assessment by your immigration lawyer as every case involves a multitude of nuances.
Topics: e visas
Precisely because the E-2 visa is so widely used, the E-1 is often ignored when it indeed could be a better option for you as an individual or for your business. Below you will find a comprehensive list of what generally the consulates and embassies, or USCIS (if you are currently in the U.S.) will require of you when you apply for the E-1 visa. Please note that this list is not a substitute for a careful review of your documents by a competent, experienced immigration attorney. Another important initial point is to recall is that the E-1 visa can apply to an individual, such as a business consultant, not just to a business comprised of several employees.
Topics: e visas