Immigration Options for the H1b employee under the Covid-19 Pandemic

In an April 28, 2020 report, Bloomberg reported that over 200,000 H-1B employees in the United State may lose their lawful status by June of this year as a result of the ongoing COVID-19 pandemic. Darren Silver of Darren Silver & Associates, LLP a boutique Business Immigration Law Firm in Los Angeles believes that the Bloomberg numbers may be conservative and that the actual number of H1b employees impacted by…

Those Born in Hong Kong, Immigration to the United States Remains a Viable Options

 Individuals who were born in Hong Kong and have a Hong Kong passport maintain advantages over Chinese passport holders when it comes to immigration to the United States. The main advantage is that Hong-Kong is considered a separate “country” or region than Mainland China for U.S. immigration purposes. Additionally, Hong Kong allows dual citizenship, which ensures that those seeking U.S. citizenship will also be able to retain their Hong Kong…

Immigration Options for Social media influencers

A Social media influencer is typically a person or group that gains popularity and credibility on one or more of the social media outlets. The Influencer through his or her following is able to project Brand loyalty and sales. Brands have marketed products through various Social Media outlets such as YouTube, Instagram and TikTok. U.S Immigration law has a carved out Visa that is dedicated to those Foreign Nationals that…

USCIS makes Changes to address EB-5 Fairness Issues in Visa Allocation

U.S. Citizenship and Immigration Services today announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach. This new operational approach aligns with other visa-availability agency adjudications processes, is more consistent with congressional intent for the EB-5 Immigrant Investor Program, and increases fairness in the administration of the program. “Changing our approach from a first-in, first-out adjudication process to…

Bringing the Canadian Tech Boom to the United States

Canada has been beset by a tech boom in recent years, with both domestic and foreign tech companies increasing their presence in The Great White North. Nowhere is this more apparent than in Toronto; in 2016, Toronto added more tech jobs than San Francisco and New York City combined[1]. This boom has continued to this day, with 387 total venture capital deal totaling USD $4.7 billion throughout the first three…

The E-2 Visa Option

With the minimum investment amount for EB-5 raised to $900,000, and H-1B and L-1 petitions facing heightened scrutiny from USCIS, our office has received many inquires on alternative options for individuals looking to come to the United States. The E-2 Treaty Investor visa is an amazing alternative option available to those who are not willing or able to pursue the EB-5 visa; while the E-2 visa is a nonimmigrant visa,…

The New EB-5 Regulations: The Good, the Bad, & the Unknown

On November 21, 2019, the EB-5 industry entered a new era; the Department of Homeland Security implemented new regulations, and these regulations constitute the most substantial change the EB-5 industry has seen since the implementation of the Regional Center Program in 1993. The most significant changes affecting investors and regional centers are as follows: Priority Dates: USCIShas clarified that Applicants are entitled to the earliest priority date if multiple immigrant…

Opportunity for some Retrogressed Countries to File for Adjustment October 2019

According to the U.S. Citizenship and Immigration Services (USCIS) website, the agency will allow employment-based green card applicants (including EB-5) to use the “Dates for Filing” (Chart B) from the October 2019 Visa Bulletin when petitioning USCIS for their adjustment of status (AOS) during October 2019. What does this good news mean for you? EB-5 visa applicants from China, Vietnam, or India who have an approved I-526 and are currently living in the United…

Good News for Pending I-829 applicants

On June 11, 2018 USCIS released a memo relating to I-829 processing changes. Effective immediately, instead of getting an automatic 12 extension of status when filing an I-829, USCIS will now extend I-829 applicants and their family members for 18 months based on longer processing times. From the USCIS Memo: As of June 11, 2018, petitioners who file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition…

Second Blog Post

The E-1 visa category allows foreign nationals who are citizens of treaty countries to engage in activities as a treaty trader, or as an employee of a qualifying entity that in turn must be a treaty trader.  Treaty traders engage in substantial international trade of goods, services, or technology between the treaty country and themselves. E-1 Visa Requirements E-1 Treaty Trader  The treaty trader must meet the following criteria to qualify: Be…