Therefore, if you are an employer planning on filing a PERM application, and the beneficiary is approaching his or her fifth year in H-1B status, advance planning is imperative.

We have been getting many inquiries lately about the EB-5 Immigrant Investor Program.  This is an attractive option for individuals who have at least $500,000 to invest and are interested in living in the United States on a permanent basis.  In particular, the Regional Center Pilot Program is available to those who prefer a more hands-off approach to the investment as it is handled by the Regional Center chosen by the foreign national.  Dependents may also join the main applicant and are also entitled to live and work in the US.

In the coming weeks, our law firm will have a site specifically devoted to immigration through investment that will provide in-depth information on available options.  Stay tuned as I will update this blog when the new site is launched.

A consultation with a qualified immigration lawyer and an international tax specialist is recommended prior to applying under this program.

The time to start planning for FY-2010 H-1Bs is therefore now.  As the US economy improves, demand for H-1B numbers is expected to increase which could lead to cap-subject petitions being unavailable.  There are 65,000 general cap H-1Bs that can be filed in a fiscal year and 20,000 reserved for beneficiaries possessing at least a Master degree from a US college or university.

Deficient medical care for immigrants sometimes resulting in death is the number one issue that needs to be addressed.  Revamping the detention system is one step that can be taken imminently while we await other necessary reforms to this country’s broken immigration system.  The chances of CIR being enacted this year are very slim given that even the President’s health care reform effort is on the rocks.

It remains to be seen whether the current system is an improvement over the state determinations that were used previously. The answer probably depends on what state you are in and/or the relationship you had with the SWA in your state.

Another recent article on nytimes.com states:  “Agents in riot gear from Immigration and Customs Enforcement tried to break up a hunger strike by detainees at the Varick Federal Detention Center in Lower Manhattan on Tuesday, three detainees at the center said Wednesday in telephone interviews.”

If these allegations are in fact true, the Obama administration needs to do take imminent action to protect immigrant detainees from abuse that sometimes results in their death while in US custody.  The actions of ICE and those in charge of detention facilities must be transparent, and those found to be negligent, abusive or reckless in their treatment of immigrants as well as those who covered up alleged abuses must be brought to justice.  Even the most egregious immigration violation does not warrant a death sentence.  It surprises me that there are not more high-profile civil lawsuits brought by personal injury and wrongful death lawyers for alleged abuses such as those outlined in the article and documents.  Perhaps the efforts of the New York Times and the ACLU to shed light on these practices will lead to such suits being filed on behalf of the victims.