Tag Archives: eb-5

Visa Bulletin News

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Visa Bulletin News: Annual Report and February 2016 Bulletin

EB-5 pilot program

The Department of State released the February 2016 Visa Bulletin. It also published the Immigrant Visa Waiting List Report, which is an annual publication of the number of visa applicants on the waiting list in the preferences and subcategories. There is a wait list because of statutory numerical restrictions. For example, 28.7% of immigrant visas may come from Employment-Based 1 (EB-1) preference. EB-2 and EB-3 preferences for the China and India chargeabilities are the perpetually oversubscribed categories. Oversubscribed means that there are more people applying than spots available for immigrant visas.

One encouraging sign is movement in the EB-2 India category. It jumped 6 months from February 1, 2008 for the final action date to August 1, 2008. The visa bulletin continues to employ the filing and final action date system. The filing date for EB-2 India is July 1, 2009.

The data from the Department of State shows that over half of petitions are filed Family-Based 4 (FB-4), which is US citizens filing for their siblings. This category for all chargeabilities has an excruciating long wait period. On the Employment-Based side, there was a major increase in EB-5 petitions filed and considerable increases in the number of EB-1 and EB-2 petitions filed in 2015 as opposed to 2014. The agency’s report also includes a per country list. This is important because there is a per country limitation of no more than 7% of all immigrant visas issued for one country.

Changes to Immigration Programs

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Congress Proposes Changes, Renews, and Restricts Immigration Programs

H1b 2016

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.

4 Programs Renewed 5 Days

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There are four immigration programs that were set to expire today. They are the J-1 Waiver CONRAD 30 program, EB-5 Regional Center program, E-Verify, and the EB-4 religious workers program. Congress has extended their lives today for five days, giving themselves more time, as they averted a federal government shutdown.

That means the programs have until December 16 to again be temporarily renewed. This blog extensively covered the four programs and congressional actions back in September because they were set to expire in September. The constant temporary renewals of these programs leaves their applicants and potential beneficiaries in constant uncertainty.

Employment Based Immigration News – Visa Bulletin and EB-5 Pilot Program

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December Visa Bulletin and EB-5 Pilot Program

 

EB-5 pilot programThe December Visa Bulletin was released earlier this week, using the same filing and action date system that the Department of State introduced with the October Bulletin. Like the November Bulletin and the revised October Bulletin, the December Bulletin was disappointing for many hopeful immigrant visa applicants. Many categories remained stagnant. One beacon of hope was the EB-2 category for India. The action date moved from August 2006 to June 2007. The EB-3 categories still lag far behind and there was no movement in the filing dates for any Employment Based category.

Another concern in Employment-Based immigration is the expiration of the EB-5 pilot program. The pilot program concerns the regional centers, where investors can make more passive investments and not be actively involved in the running of the invested business. The pooling of resources among a group of investors is another attractive feature and this program has been utilized to construct shopping malls, residential complexes, and even turnpike expansion. The program has been championed by US mayors as stimulating investment without taxing. However, the pilot program is set to expire on December 11. The program has existed for 20 years in short incremental cycles of renewal. A bill was proposed earlier this year to make the program permanent in contemplation of the September 30 deadline. Instead of voting on that bill, Congress decided to extend the program to December 11, continuing its temporary nature.

Government Shutdown Avoided

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Immigration Programs Teeter for Two More Months

Congress averted a government shutdown on Wednesday by a few hours through the passage of a continuing resolution. President Obama signed it that same day and the federal government will be funded until December 11. In March of this year, a similar storyline unfolded, and the budgetary battle was explicitly over funding the Department of Homeland Security and immigration matters.

The immigration news stemming from the continuing resolution is that the four programs that were set to sunset on September 30 have been extended until December 11. While each individual program had its own congressional bill authorizing a longer renewal period or even permanence, none of those were passed. The EB-5 program even had three competing bills that aimed to tweak and improve the program in different ways. The continuing resolution maintains the four programs – CONRAD 30, EB-5 Regional Center, Religious Non-Minister Workers, and E-Verify. That means those programs have another two months until their existence is in peril.