Tag Archives: permanent residence

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.

December 2015 Visa Bulletin

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DOS Releases December 2015 Visa Bulletin

The Department of State published the December 2015 Visa Bulletin yesterday. The filing dates have been a recent addition, implemented for a more efficient visa process. However, there was no movement on the filing dates. The filing action dates remained similar for the most part. The glaring exception is that the Employment Based 2 category for India jumped ahead 10 months. The Visa Bulletin is the monthly update on immigrant visa availability and has taken on even more importance in the past six weeks since the rescission of the October Visa Bulletin.

 

Asylum Interview Times

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Asylum Interviews Times

 

An important aspect of the immigration apparatus in the United States is asylum. Although the number of people granted asylum each year is lower than the number entering through family-based or employment-based immigration (statistics), it is a pathway to Permanent Residence, Citizenship, and sponsoring family members. It is the humanitarian branch of immigration. Recognizing that conditions in many countries are impossible and that people face persecution from their governments or other people in their countries, the United States offers a chance at safety and a new life. There are many legal hurdles and statutory requirements for an applicant requesting asylum. Asylum is not granted just because someone’s country is experiencing turmoil or there are difficult circumstances. There must be past persecution or a well-founded fear of future persecution, on the basis of at least one of five statutorily enumerated grounds.

 

Political leaders are debating raising the asylum and refugee ceiling from its current 70,000 limit to a higher number to accommodate Syrians escaping war-torn Syria. Information released by the asylum offices across the United States indicates that they are backlogged on their interviews. Asylum applicants receive an interview at an asylum office. Current times are discouraging. Someone who lives in the jurisdiction for Arlington will not have an interview scheduled currently unless she filed her application in August 2013. That is a wait time of over two years. Hopefully the processing times speed up and more applicants have a quicker chance to present their cases.

Diversity Visa Lottery Open

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Diversity Visa Is Available

 

Between October 1 and November 3, the Diversity Visa (also known as the Green Card lottery) is available. Each year, 50,000 applicants are randomly selected from the pool to become admissible for a Green Card. Selection in the lottery does not guarantee a Green Card. The applicant still needs to meet all of the standards for admissibility and process their Green Cards within the allotted time. Some of the benefits of the Diversity Visa is that it provides a pathway to Permanent Residence in the United States without employer or family sponsorship. It can also be a quick process.

The countries with the most immigrants to the United States are disqualified from participating in the lottery. The reason is that the purpose of the Diversity Visa is to expand the immigration process to individuals from countries who are not well represented in the overall immigration population in the United States. Natives of the following countries cannot apply for the Diversity Visa: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, the Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. This list is subject to change each year, depending on immigration trends.

There are certain educational and work requirements that must be met to apply for and qualify for the visa. The country of “chargeability” is the applicant’s native country. A South Korean citizen living in Germany cannot claim Germany as the native country (there are possible exception based on spouses and parents). One of the hesitations about applying for the visa is whether it will have an adverse effect on future nonimmigrant visa applications to the United States. Nonimmigrant visas usually demand nonimmigrant intent, meaning no intention to stay in the United States. Applying for the diversity visa may belie that. Please consult with an immigration attorney if there are questions pertaining to the diversity visa and future consequences.

“High Skilled” Immigration Data

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NSF Releases “High-Skilled Immigration Data”

In the overall immigration rhetoric, one consistently positive aspect is the number of “high-skilled” immigrants in the science, engineering, and medicine fields. The debate often swirls about how to retain those immigrants, many of whom are at educated and trained in the United States. Hopefully that debate receives more substantive discussion and meritorious ideas as the presidential elections careen forward next year. The STEM (science, technology, engineering, mathematics) fields dominate this discussion.

Last month, the National Science Foundation published information about the increased number of scientists and engineers in the workforce and immigrants’ role in that. In “Immigrants’ Growing Presence in the U.S. Science and Engineering Workforce: Education and Employment Characteristics in 2013,” the data break down immigrants and U.S. born citizens and where the immigrants originate.

The data also categorize by fields and level of degree attainment