Florida Immigration Law Blog: Colombo & Hurd

Immigration Resources in Miami & Orlando Florida

Florida is a state that is both welcoming to and familiar with immigration. The first major wave of modern immigration into the state occurred during the French and Spanish settlement during the late 16th and 17th century. Writings from the time also note the immigration of new Native American groups into what is now Florida. Immigration into Florida continued during Spanish and British rule and to the present day under the United States government.

EB-5 Visa Program Faces Uncertain Future After September 30th Re-Authorization Deadline Passes

We have previously written about the then impending September 30th reauthorization deadline for the EB-5 visa program. At the time, we speculated that a small glimmer of a possibility existed that Congress may be able to put aside its differences and pass a full reauthorization bill that included a number of reform provisions. We believed that an increase in the minimum qualifying investment and other changes were likely to the EB-5 program.

U.S. EB-5 Investor Immigration Program Faces Challenges in the Upcoming Months

The EB-5 visa has become an essential immigration tool that is a win-win for both the intending immigrant and the United States. Under terms of the program, an intending immigrant may make a qualifying investment, typically of $500,000 or $1 million, that creates or preserves at least 10 full-time jobs for Americans. This immigrant receives conditional permanent residence and if he or she is successful in the investment and job creation requirements, he or she may petition to remove the conditions on the green card. The EB-5 visa also provides a pathway to citizenship. At the same time, the United States gains needed investment, job creation, and a dedicated hard-working individual.

Understanding the Future for the EB-5 Visa and Its Job Creation Requirements in Light of Unprecedented Demand

The EB-5 Immigrant Investor program has been a remarkable success in recent years. In fact in 2014, for the first time in program history, the demand for EB-5 visas exceeded the amount available under the program. In anticipation of the continuing deluge of EB-5 applications, United States Citizenship and Immigration Services (USCIS) has issued a proposed Policy Memorandum seeking to clarify two important grounds for eligibility: job creation and the sustainment of the investment.

The Future of the EB-5 Visa in Light of Unprecedented Demand: The Effect of Material Changes on Your Investment

The EB-5 investor visa for foreign immigrant investors has never been so highly sought after as a path to a green card and, potentially, citizenship. The reasons for the explosion in demand are numerous, but regardless of these motivating factors, the end result for intending immigrants has been uneven and rather unpredictable. In light of the record number of individuals applying for the EB-5 visa, on August 10, 2015 the United States Citizen and Immigration Services (USCIS) issued a proposed Policy Memorandum regarding a number of considerations and factors that must be satisfied to qualify and remain eligible for the benefits of the EB-5.

The Future of the EB-5 Visa in Light of Unprecedented Demand: The Investment Sustainment Requirement

As discussed in the previous blog post discussing potential changes to the EB-5 job creation requirement in light of unprecedented demand, the EB-5 visa has never before been so highly sought. Indirect EB-5 projects are administered by the regional center under whose umbrella the project is handled. Some particularly notable projects being financed through EB-5 immigrant investors includes Hudson Yards and Pacific Park located in New York City, Hunter’s Point Shipyard in San Francisco, SLS Las Vegas, as well as the Panorama tower in Miami.

Many DACA Work Authorizations Issued after February 5, 2015 Were Improperly Issued by USCIS

For years, if not for a decade or more, there have been increasingly urgent calls for immigration reform in the United States. Proponents of reform believe that the immigration status of millions of Americans should be clarified so that individuals and businesses can proceed with certainty in their employment opportunities & offers and other endeavors. One particularly sympathetic group of immigrants are the children of undocumented immigrants who came to the United States while they were extremely young or were born here. These “Dreamers” lived their childhoods in the United States, identify with American culture, and have built their lives in this country through no fault of their own.

Understanding The Classes of EB Visas for Permanent Workers

U.S. Citizenship and Immigration Services (USCIS) is authorized to issue about 140,000 immigrant visas to individuals intending to immigrate on the basis of their employment or job skills. Employment-based immigration visas are known as the EB series of visas. They provide immigrants with a pathway to a green card and to citizenship. They are contrasted by the E, H, and other series of temporary worker visas that do not typically provide a pathway to citizenship.

Employers Must Comply With a Labor Certification Process for Many Work Visas

For those who wish to live and work in the United States permanently on the basis of their employment or job skills, the Employment Based (EB) series of visas provides the most direct, and traditional pathway to green card holder status and citizenship. For many intending immigrants seeking to put down roots in the United States, satisfying the labor certification process is the first step towards a green card. For immigrants seeking to immigrate to the U.S. on the basis of a familial relationships, labor certification is not required. Once the intending immigrant has received labor certification approval, the petition sponsored by the employer and advanced on the worker’s behalf can be filed.

Can an Intending Immigrant Worker Obtain a Green Card Through Self-Petition?

Foreign nationals and aliens can generally secure a pathway to citizenship through one of two immigration processes: family-based immigration and employment-based immigration. Immigrants who avail themselves of either process typically require an employer or family member to file a petition on their behalf. However, there are some instances where a petition by a third party is not necessary. However these scenarios are rather limited to individuals possessing extraordinary ability or those individuals who can qualify for a National Interest Waiver (NIW). In some limited circumstances, immigrants who qualify through family-based immigration may be able to self-petition under the Violence Against Women Act (VAWA).

Orlando Immigrants: Beware of the Unlicensed Notario Scams

Individuals seeking to immigrant to the United States must satisfy a significant number of both substantive and procedural hurdles to achieve their immigration goals. The U.S. immigration process can be complex, intimidating, and quite different from the immigrant’s expectations. Thus, it is not surprising that while immigrants embrace the United States with open arms, they may seek first help from individuals sharing a similar cultural background or who have gone through similar experiences.

How Can an EB-5 Entrepreneur Remove Conditions on His or Her Green Card?

Many foreign entrepreneurs and certain family members of the entrepreneur can avail themselves of the pathway to citizenship that the EB-5 immigrant Investor Visa can offer. However, unlike many other pathways to citizenship, the green card initially provided by this program is merely conditional. This means, that absent a petition to remove conditional status, the conditional green card will expire after two years. However immigrants who can prove that they have satisfied the conditions attached to the EB-5 program will be granted non-conditional legal permanent resident status.

Can A Troubled Business Be Approved for an EB-5 Visa?

Foreign nationals with significant resources who are seeking a pathway to citizenship are likely aware of the EB-5 visa program. The program is intended to attract immigrants with resources and skills that can help drive economic and job growth. In fact, the conditions of the program require an immigrant investor to make a minimum investment of $500,000 or $1 million into a new commercial venture to create at least 10 full-time jobs for Americans.

How Long Does it Take for an L-1 Visa to Be Approved?

Most government organizations aren’t exactly known for their speedy paperwork turnaround. If you’ve recently filed an application for an L-1 Visa, you’re probably anxious to know what sort of waiting period you can expect. In this article, we’ll go over average application processing times, how to expedite processing with USCIS’ Premium Processing program, how to check the status of your petition, and what to do if your application is denied.

Can an EB-5 Investment Be a Loan?

The EB-5 immigrant investor visa is part of the Immigrant Investor Program that was created by an act of Congress in the early 1990s. The Act was intended to stimulate economic growth and development within the borders of the United States by providing a pathway to citizenship for foreign entrepreneurial investors. The program has widely been hailed as a success both for the United States and the individual investors and it has been reauthorized each year since its 1992 pilot program.

What Happens if an EB-5 Investment Fails?

The ultimate purpose of the EB-5 Visa (Immigrant Investor Program) is to stimulate the United States economy by promoting job growth through the investment of foreign capital in U.S. companies. Toward meeting this objective, U.S. Citizenship and Immigration Services (USCIS) requires EB-5 investors to invest amounts ranging from $500,000 to $1,000,000, or to invest in specific Regional Centers. But what are the consequences if the investment falters?

Guide to the L-1 Visa Appeals Process

Being approved for an L-1 Visa can be a challenge. Between demanding evidentiary requirements and documented increases in both denial rates and requests for evidence (RFEs), significant numbers of petitioners will receive denial notices from USCIS, or U.S. Citizenship and Immigration Services. However, a rejection doesn’t necessarily mean the matter is closed: if your L-1 petition is initially denied, you may be able to appeal the decision with assistance from an attorney.

Are There Certain Special Job Categories to Obtain a Green Card?

Many intending immigrants are often eager to know whether they can qualify for permanent resident status due to their employment in a specialized job category. While there are a number of specialized job categories that can lead to legal permanent resident status, the categories are narrowly tailored. Those who wish to qualify for a Green Card through their employment must be able to satisfy both timing requirements and individualized requirements or characteristics the intending immigrant must be able to meet.

Do You Qualify for an EB-5 Visa?

The EB-5 visa is an immigrant visa that can allow the citizens of foreign nations to obtain admittance to the United States and provides a pathway to citizenship if they invest a substantial amount of capital into a new U.S. commercial enterprise. For these reasons this visa is sometimes called a foreign investor’s visa or an entrepreneurial visa. However, those who wish to qualify for this visa type must meet certain characteristics and requirements and the investment must also meet certain standards. The experienced immigration attorneys of Colombo & Hurd can explain the process to prospective immigrant investors and handle all aspects of your immigration filings.

May the Spouse of an L-1 Visa Holder Work in the U.S.?

While the L1-A visa or L-1B visa are considered non-immigrant employment-based visas, there is a myriad of immigration considerations raised by the granting of an L-1 series visa. The worker granted L1 worker status may be concerned about the things that he or she can and cannot do while in the United States. As part of these concerns, the visa-holder may wonder if his or her spouse and children are permitted to accompany the worker to the United States. And if so, the worker may also wonder if his or her spouse will be permitted to work while living in the country.

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