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.

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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.

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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.

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The 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.

The post Employment Based Immigration News – Visa Bulletin and EB-5 Pilot Program appeared first on Wood Immigration Law.

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.

The post Government Shutdown Avoided appeared first on Wood Immigration Law.

Capitol Building

Congress returns from its summer recess today, and it is tasked with a litany of difficult decisions and issues. Part of its agenda over the next three weeks will be deciding whether to renew four immigration programs. Those include the EB-5 program, CONRAD 30, E-Verify, and the Religious Non-Ministers EB-4 program. Their vitality to the nation is probably dependent on perspective, but Congress is certain to discuss and contemplate these four programs, given the stakes involved.

The EB-5 program concerns millions of dollars of investment each year, especially now that the program has reached an apex in popularity. It is estimated that the program has generated over 5.2 billion dollars of investment and created 31,000 full time US jobs. One place this investment is going is to the renovation of the Pennsylvania Turnpike.

CONRAD30 allows individual states’ health departments to hire up to 30 international medical graduate doctors, so that instead of having to fulfill their two year home residency requirement on the J-1 visa, they are sent to rural and underserved medical areas for three full years.

The blog will provide updates on the four programs throughout the month. Congress has 22 days from today to decide whether to renew these programs or to let them sunset. Bills have been proposed, covering all four programs (EB-5 bills, CONRAD30, E-Verify, EB-4 Religious Workers.

September 30, 2015 is an important date for another reason. The Department of Homeland Security is the federal agency tasked with overseeing immigration in the United States. A congressional, presidential, and political battle in March of this year threatened a de-funding of the agency, but a last minute bill funded the agency until the end of the fiscal year (September 30). The prospect of a government shutdown may yet loom again.

The post Congress and Immigration appeared first on Wood Immigration Law.

This week, we are going to cover four important immigration programs that have an expiration date of September 30, 2015. Immigration law in the United States is a collection of various programs. The buzzword after the 2012 elections was “comprehensive” immigration reform. The reality is that much of immigration is “piecemeal,” so that it is put together at different times for different reasons.

Congress returns from its summer recess on September 8, 2015. When it returns, there are three weeks to ensure that the EB-5 program, CONRAD 30, Religious Workers program, and E-Verify are renewed and continued. Congresspersons have proposed and sponsored bills to renew and even make these programs permanent.

We will keep updating the blog with the political machinations, efforts to renew the programs, and any developments throughout September. September 30 is a critical date in immigration for another reasons. The Department of Homeland Security is the federal agency charged with overseeing immigration in the United States. In March of this past year, after weeks of intense scrutiny and jockeying, Congress decided to fund DHS until September 30. DHS funding is sure to be another point of emphasis when Congress returns to session next week.

We will summarize each program, describe its purpose, and detail any future updates or changes to the programs.

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EB-5 Visa Requirements

Credit: @blmurch – Flickr

The EB-5 visa requires a one million dollar investment that creates or preserves at least ten jobs for United States workers ($500,000 in “Targeted Employment Area”) from a foreign national. The visa has been available for 20 years, but its popularity has soared in the past six years, following the economic crisis in 2008. 75% of all EB-5 visas have been issued in the past six years, and that percentage looks primed to jump higher with each successive year breaking the previous year’s mark.

EB-5 Visa Proves to be Beneficial

The benefits from the capital invested through the EB-5 visa program are apparent in Pittsburgh. Bakery Square, a renovation project in East Liberty and Shadyside, was built primarily through the efforts of EB-5 investors. 70 investors contributed $35 million into the project. The infusion of capital makes the program attractive to the United States. The program is particularly attractive to investors from countries such as China because they are unable to obtain the E-1 Treaty Trader Visa and E-2 Treaty Investor Visa, which requires that an appropriate commerce treaty with the United States.

The EB-5 visa has been criticized for being a thinly veiled money for visa transaction, but its popularity and benefits are apparent. The recent surging growth of the EB-5 visa should portend prosperously for the United States and local communities. Perhaps next fiscal year, the limit will be reached even earlier and more countries will be pushing the limit.

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