More EB-5 Predictions

Maria del Carmen Ramos
Maria del Carmen Ramos

No one can really predict the future. But as analysts will tell you, we can learn a lot from the past and watching current trends. This is especially true when it comes to immigration, which is in a state of constant flux. Continue reading “More EB-5 Predictions”

Failure to file Form I-924A Can Lead to a Notice of Intent to Terminate

Maria del Carmen Ramos
Maria del Carmen Ramos

During the 2013 Fiscal Year, USCIS notified more than 50 EB-5 regional centers on its intent to terminate their designation for one of the two following reasons: (i) not filing the required Form I-924A, or (ii) failing to promote economic growth as required under the EB-5 regulations. Continue reading “Failure to file Form I-924A Can Lead to a Notice of Intent to Terminate”

Haitian Family Reunification Parole Program Announced for 2015

Maria del Carmen Ramos
Maria del Carmen Ramos

On October 17, 2014, USCIS announced its intent to implement a Haitian Family Reunification Parole Program in early 2015. Last Wednesday, during a stakeholders teleconference, USCIS officials provided a broad overview regarding how the program would work. Continue reading “Haitian Family Reunification Parole Program Announced for 2015”

USCIS Publishes Updated EB-5 Processing Time Information

Maria del Carmen Ramos
Maria del Carmen Ramos

On October 24, 2014, USCIS released an updated EB-5 Processing Report reflecting average processing times for the Immigrant Investor Program Office as of August 31, 2014. Continue reading “USCIS Publishes Updated EB-5 Processing Time Information”

Retrogression Alert Issued for EB-5 Category

Maria del Carmen Ramos
Maria del Carmen Ramos

In September 2014, we predicted the EB-5 visa category would retrogress sometime in the 2015 fiscal year. After all, Form I-526 filings have increased by over 500% over the last five years. And the EB-5 category for Chinese nationals became unavailable at the end of the 2014 fiscal year. Our hunch was confirmed by the Department of State (DOS) recently, when Charles Oppenheim, Chief of the Visa Control and Reporting Division at the DOS, predicted that the EB-5 immigrant visa category would retrogress as early as May 2015, but definitely sometime during the 2014-2015 fiscal year. Continue reading “Retrogression Alert Issued for EB-5 Category”

Department of State Announces Visa Fee Changes

Maria del Carmen Ramos
Maria del Carmen Ramos

On September 12, 2014, the Department of State (DOS) announced fee changes for nonimmigrant and immigrant visa application fees for certain visa categories.

As background, all visa applicants must pay the fee amounts in effect on the day they pay, with the exception of Immigrant Visa application processing fees paid domestically to the National Visa Center (NVC). Continue reading “Department of State Announces Visa Fee Changes”

USCIS Will Begin Disposing of E-Verify Records 10 Years Old and Older

Maria del Carmen Ramos
Maria del Carmen Ramos

U.S. Citizenship and Immigration Services (USCIS) announced this month that it will begin disposing of E-Verify Records that are 10 years old and older beginning January 1, 2015. In an effort to minimize security and privacy risks associated with the retention of Personal Identifiable Information (PII), USCIS will begin disposing of E-Verify case records whose last transaction occurred on or before December 31, 2014. Continue reading “USCIS Will Begin Disposing of E-Verify Records 10 Years Old and Older”

The Crisis at our Border

Maria del Carmen Ramos
Maria del Carmen Ramos

Did you know that unlike most criminal defendants, the unaccompanied minors coming into this country don’t have a right to an attorney? Although many of the unaccompanied minors may be eligible for asylum or visas for victims of trafficking or other criminal activity, few may get that relief without competent counsel, which means they will be returned to countries where they are not safe. Continue reading “The Crisis at our Border”

EB-2 India Retrogresses

Maria del Carmen Ramos
Maria del Carmen Ramos

Today, the U.S. Department of State (“DOS”) issued the November 2014 Visa Bulletin. As was expected, the employment-based, second preference (EB2) category for people born in India retrogressed to February 15, 2005. Interestingly, the employment-based, third preference category moved forward across the board. EB3 India inched forward to November 22, 2003; EB3 China advanced to January 1, 2010; and EB3 for all other countries of chargeability moved to June 1, 2012. Continue reading “EB-2 India Retrogresses”

The I-9 Squeeze: What Happens When An Employer Migrates to a Completely Electronic System?

Maria del Carmen Ramos
Maria del Carmen Ramos

It’s been almost four years since U.S. Immigration and Customs Enforcement (ICE) finalized the regulations for electronically generating and/or storing Form I-9 records. Since that time, more and more employers have migrated to electronic I-9 systems for a variety of reasons—as a way of reducing paperwork violations, managing their I-9 programs, and/or integrating E-verify. Continue reading “The I-9 Squeeze: What Happens When An Employer Migrates to a Completely Electronic System?”