Changes to Immigration Programs

Posted on December 17, 2015 by Arjun Mishra

Congress Proposes Changes, Renews, and Restricts Immigration Programs

It has been touch and go with multiple short term renewals, but Congress has proposed an Omnibus Bill last night that has many important immigration provisions. They concern everything in the US immigration system, from increased fees for H-1B and L-1 petitions to not restricting refugee resettlement.

There have been four important immigration programs that have been extended multiple times this year that are included in the Omnibus Bill for another extension: J-1 Waiver CONRAD 30 program, EB-5 Regional Center program, E-Verify, and the EB-4 religious workers program

Of note in the Omnibus Bill is an additional financial burden on companies with more than 50 employees, of whom over 50% hold H or L status:

Supplemental L-1 fees for 50/50 companies increase from $2,250 to $4,500;
Supplemental H-1B fees for 50/50 companies increase from $2,000 to $4,000;
Fees must be paid on initial petitions and extension petitions;
Fees are authorized for ten years, running through September 30, 2025; and

The H-2B program has been scrutinized in the past year and some changes are proposed. The H-2B program allows US companies to hire seasonal guest workers for the “busy season,” such as summer on a beach resort.

The Visa Waiver Program, which allows for friendly and easy travel for citizens from 38 approved countries, will have categorical restrictions for nationals from certain countries and individuals who travel to those countries.

O Is for Extraordinary

Posted on October 28, 2015 by Arjun Mishra

O Is for Extraordinary

One of the purposes of the US immigration system is to attract the best, brightest, and most talented foreign nationals to ply their professional trade in the United States. It also tries to make the process as smooth as possible for these individuals. The O Visa encapsulates those ideas, providing up to three years of work authorization for extraordinary individuals. The visa is versatile. The NBA (National Basketball Association) tips off this week, the NHL (National Hockey League) dropped the pick this month, the MLB (Major League Baseball) is in full swing with the World Series, and MLS (Major League Soccer) kicks off its playoffs this week. The O Visa can be used for professional athletes. Artists of all kinds of eligible, a definition that can be expanded to include such professions as sommelier and chef. Scientists, doctors, and businesspeople are other common professions that utilize the O Visa.

The visa is meant for the extraordinary individuals in a field, which is adjudicated by USCIS through the fulfillment of criteria. It cannot be petitioned for individually, meaning there must be a sponsoring employer. The employer should have some sort of itinerary or contract to show that the foreign national will be needed for the amount of time requested on the visa (there are renewal options). The visa usually requires a letter from the appropriate labor organization or trade union in the profession, attesting that there is no objection to the foreign national obtaining the visa. The visa’s viability is contingent upon the beneficiary’s continued employment with the petitioner. A benefit to the visa is that it is usually adjudicated in a short amount of time. A drawback is that it does not allow for work authorization for the spouse of the principal O Visa holder, though it does allow for enrolling in classes.

Children & Unauthorized Parents

Posted on September 23, 2015 by Arjun Mishra

Children of Removed Parents

Front and center of the primary election campaigns of presidential hopefuls is the issue of unauthorized immigration. Estimates of unauthorized migrants in the United States range from 11-12 million individuals. They come from all over the world, but much of the attention falls upon people from Central American countries, who are often escaping poverty, civil wars, gang warfare, and

The George W. Bush administration removed millions of unauthorized individuals and the Obama administration was record-setting in its number of removals. The current administration attempted to re-prioritize the removal system in November of last year through executive actions. Part of the revamp was instituting Deferred Action for Parents of Americans. This program was judicially nixed before started receiving applications. The purpose behind it was family unity.

A motivation behind DAPA was that over 5 million children are living without authorized parents. That means they are constantly living in threat of losing one or both parents. The children are American by virtue of birthright citizenship, another issue that has become a lightning rod in primary election politics. Two studies have been conducted by the Migration Policy Institute and Urban Institute with assistance from DHS and ICE. The Washington Post has summarized the results. They cover what happens to the children of parents who have been removed from the United States.

EB-5 Visa Needs Renewal

Posted on September 3, 2015 by Arjun Mishra

EB-5 Visa: Renewal (Permanence?) Needed by September 30

This week, the blog is covering the four immigration programs that are due to expire on September 30, 2015. When Congress returns from its summer recess on September 8, it will have three weeks to renew the programs or else they will sunset. The focus today is the EB-5 investor immigration visa.

The Immigration Act of 1990 created the EB-5 program, which was a new employment-based method of immigration. For a $1 million investment in a commercial enterprise, a foreign national can earn a Green Card (following a two year period of conditional residence and meeting all of the requirements). An alternative allows for a $500,000 investment in a targeted employment area (high unemployment or rural). The investment needs to create at least ten full time qualifying US jobs with the enterprise. A later designed pilot program incubated regional centers, which collect investors for large projects, such as apartment buildings. For the majority of the program’s existence, it was infrequently used. Following the Great Recession of 2008, the program took off and 2014 was the first year that the cap was hit with Chinese investors. In 2007, not even 800 applications were filed. By 2011, that hit 3,800. In 2014, the full 10,000 spots were satisfied.

Given the high financial stakes at play, the renewal of the program has been a priority for Congress, stakeholders, and cities. Between 2005 and 2013, the EB-5 program invested over 5.2 billion dollars in the United States and created an estimated 31,000 jobs. Various mayors and local leaders have advocated for the renewal of the EB-5 program. There are currently three bills (S.1501, HR 616, HR 3370) proposed in Congress. Click here for a summary of all three.

All three bills are intent on extending the program with the House bills proposing a permanency, rather than waiting till the deadline to authorize renewal. As it has recently become an issue, the two House bills address the cap. HR 616 eliminates spouses and children from the 10,000 cap, so that all 10,000 spots belong to investors. It would also eliminate per country quotas. HR 3370 leaves open the possibility for an additional 10,000 visas if the cap is reached. Notably, the Senate bill seeks to increase the minimum investment from $500,000 to $800,000 and $1 million to $1.2 million.

Advocates of the EB-5 program decry the current long processing times associated with the EB-5 process and subsequent Green Card issuance. The House bills propose mandatory processing times to expedite the processes. Despite recent fraud issues, the EB-5 program has risen in popularity in the past few years and spurred foreign investment in the United States. Congress will certainly devote its attention to fine tuning the program through the bills it is considering.

EB-5 is a pivotal part of current US immigration. The blog will provide updates throughout the month.

CONRAD 30 in Limbo

Posted on August 25, 2015 by Arjun Mishra

CONRAD 30

The Conrad 30 program is set to expire in September 30, 2015, unless Congress reauthorizes the program. It has been functioning as a “pilot program” meaning that its continued existence has been dependent upon periodic reauthorization. Conrad 30 allows state healthcare agencies to hire 30 international medical graduate (IMG) physicians to practice in medically underserved areas. Those areas are often rural and are in need of both general physicians and specialists. By serving for three years in medically underserved areas, the physicians can waive their 2-year residence requirement, which is often a condition of the J-1 exchange visitor program.

The program has existed since 1994 and has been reauthorized by Congress multiple times, with the most recent reauthorization occurring in September 2012. The program is important for many reasons. A primary reason is that the areas that the IMGs are placed are most in need of healthcare. Another reason is that the current and predicted shortage of physicians that the US is facing and will continue to face. An additional reason is the trend of American physicians to opt for specialties over general practice, leading to a dearth of primary care physicians.

Senators Amy Klobuchar of Minnesota and Heidi Heitkamp of North Dakota have proposed Conrad 30 and Physician Access Act (S.1189). The bill is cosponsored by Senator Moran of Kansas and Senator Collins of Maine. The bill’s purpose is to reauthorize the program and to do so permanently, “to provide incentives to physicians to practice in rural and medically underserved communities and for other purposes.” The bill’s purpose is to reauthorize the program and to do so permanently. Even though Conrad 30 expires on September 30, 2015, there has been little movement on this bill to make it a law. If the program is not reauthorized, either temporarily or permanently, IMGs who acquire J-1 status after September 30, 2015 will not be able to receive waivers. Congress is currently on summer recess until September 8.