US GOVERNMENT ORDERING SUPPLIES IN ANTICIPATION OF IMMIGRATION REFORM

Immigration Map

According to article on foxnews.com:  “A union that represents thousands of federal immigration officers is raising alarm after the U.S. government ordered supplies to create millions of blank work permits and green cards, touching off speculation that the Obama administration may be preparing executive action on immigration.”

What is most interesting about this article is the forward movement on President Obama’s promise to move forward with immigration reform, preferably through Congressional channels or if that does not work, by way an executive order.  The alarmist reactions of unions and anti-immigrant organizations are simply political games by those trying to further the agendas of their members or supporters.  The truth is, nobody knows what the future holds.  However, if immigration reform is to be a real possibility, action must be taken.  The ability to create more EAD or permanent resident cards, hire additional government staff, and make whatever additional infrastructural changes that may be required is crucial.  If not, any talk about meaningful reform is just talk.

Something is on the horizon.  Our immigration system is in need of reform and a solution for the undocumented also needs to be addressed.  Recent polls show that a majority of Americans agree.  As always, the devil will be in the details and Congress would be wise to come to an agreement after the election to put the immigration issue behind them before the 2016 presidential race gets underway.

Please visit our firm’’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com

IS AN EB-5 INVESTOR VISA RIGHT FOR YOU?

Investor Visa Pic

Two of the simplest ways for a foreign national to obtain US permanent residence (green card) are through love (family-based) or money (investment-based).  Although there are other methods available, such as immigrating through employment, these are often more time-consuming and less predictable.  Investing in a USCIS-approved Immigrant Investor Regional Center can be an appealing option for the investor who wants to avoid direct involvement in the day-to-day operations of the investment.

Immigration Through Investment

In order for a foreign national to immigrate to the United States with his or her dependents, at least $500,000 USD in a targeted employment area (TEA) or $1 million general investment must be invested.  Our firm has an informative website devoted to immigration through investment:  www.americainvestorvisa.com.  There are specific job-creation and source of funds requirements that are integral parts of the process.

Selecting an Immigrant Investor Regional Center

There are over 500 regional centers available.  Choosing the right one can be a daunting task.  The immigrant investor’s goals are threefold:  (1) approval of the I-526, Petition for an Alien Entrepreneur, (2) approval of the I-829, Petition by Entrepreneur to Remove Conditions, and (3) return of capital.

When all three of these goals have been successfully accomplished, the alien investor and all of his or her dependent family members (spouse and children) will have green cards and their funds returned.  This is an appealing option to those who can afford it since it is a swift process that is surprisingly affordable in comparison to other countries’ investment requirements for analogous programs.

It is highly advisable to consult with a business attorney and international tax advisor when pursuing EB-5 through investment.  Such professionals can help you select a regional center and advise you on the tax implications of becoming a US permanent resident.  An experienced EB-5 immigration attorney, once retained, may also be able to provide you with information on the track records of success of various regional centers to help guide you in the right direction.  In the end however, the regional center in which you invest is entirely your choice.

Selecting an Investment Immigration Attorney

The selection of an immigration attorney or firm to represent you and your family for the EB-5 process can be confusing.  It is a field that is highly-specialized and involves aspects of both business and immigration law.  In addition to ensuring that the attorney you meet has immigration experience, it is imperative to ensure that (s)he has experience specifically in EB-5 matters.  From I-526 approvals to I-829 condition removals.

Please visit our firm’’s websites at www.immigrantconnect.com andwww.americaninvestorvisa.com.

 

NEW FAQ ON HOW DENIED PERM REQUESTS FOR RECONSIDERATION AND APPEALS TO BALCA WILL BE HANDLED

Below is a new PERM FAQ explaining how the DOL will handle Requests for Reonsideration where the original case decision has been upheld.

CERTIFYING OFFICER REVIEW AND BOARD OF ALIEN LABOR CERTIFICATION APPEALS (BALCA)

What recourse does the employer have in the event a labor certification is denied?

If a labor certification is denied, the employer has three options for seeking review of the Certifying Officer’s decision:

1. Request for Reconsideration, pursuant to 20 CFR 656.24(g)(1);
2. Request for Review before the Board of Alien Labor Certification Appeals

(BALCA), pursuant to 20 CFR 656.26(a);
3. Request for Reconsideration based on alleged Department Error. Depending on

the specific language used in the cover letter of the employer’s appeal, the Department will assign the appeal request to the appropriate appeals queue.

Requests for Reconsideration must be filed with the Certifying Officer in writing and submitted within 30 calendar days of the determination.

Requests for Review before BALCA must be made in writing and within 30 calendar days of the determination to the Certifying Officer who denied the application.

Please note, as of October 27, 2014, the ANPC has changed its process and will no longer forward all Requests for Reconsideration where the original case decision was upheld automatically to BALCA for review. Rather, an employer must affirmatively request review before BALCA no later than 30 calendar days after the date the request for reconsideration was denied.

Please visit our firm’’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com.

KRISTINA ROST HONORED AT MASSACHUSETTS LAWYERS WEEKLY “TOP WOMEN OF LAW 2014” RECEPTION

Top Women of Law 1

Kristina Rost was named a Top Woman of Law for 2014 by the Massachusetts Lawyers Weekly publication.  A reception honoring the outstanding Top Women of Law for 2014 was held at the Fairmont Copley Plaza Hotel in Boston last night.  It was a phenomenal event celebrating legal educators, trailblazers and role models who have demonstrated outstanding  accomplishments in their chosen fields.

As her clients and colleagues already know, Kristina is a bright legal mind who finds innovative immigration solutions for her clients that are a result of her dedication and extensive experience in this specialized area of law.

Maged Rost congratulates Kristina and all of this year’s Top Women of Law honorees on their outstanding achievements.  Please see photographs from the event below:

Please visit our firm’’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com