Saturday, June 11, 2011

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  • Blog Feeds
    12-05 09:20 PM
    This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

    Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

    Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."

    What is a Regional Center (RC)?

    A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.

    What does RC designation by USCIS mean?

    It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.

    Are all RCs that have received designation from USCIS operational?

    No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.

    Is USCIS required to conduct background checks on RC managers or directors?

    No.

    Does USCIS monitor the performance of RCs?

    No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.

    Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?

    While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.

    If an RC is designated by USCIS, are all NCEs formed in the RC automatically
    approved?

    No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.

    Is there a process whereby USCIS provides pre-approval of an NCE within an RC?

    Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.


    If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?

    No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.

    What happens to an investor who invests in an NCE that never gets off the ground?

    The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.

    If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
    investor?

    This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.

    What happens to an investor if the I-829 is denied by USCIS?

    The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.




    More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)





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  • snathan
    02-21 10:37 PM
    Thanks a lot for the links snathan. Is it possible to return to India at any stage of GreenCard processing and then come back to India once the EAD is approved.

    It depends on your employer. If your employer supports and the job still available for you, yes...you can go to Indian and come back.





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  • Aah_GC
    07-08 10:20 PM
    Most Indian companies fall under the same category, it depends on what you want to achieve in your career. It might be a great idea to join a company like Satyam as a senior exec taking on offshoring strategy execution, but if you are looking for a consultant job on H1, the experience might be similar to Infy, Wipro et al. These companies try to exploit their popular brand image in India and talk in terms of offering competitive career path in the USA - but you gotta be smarter than that.

    Make sure you ask for - 1) A good deserving salary along with Cost of living benefits 2) Commitment (Written) on GC sponsorship 3) Relocation benefits (if they are going to move you every 6 months, they better pay all of what you incur) 4) The customer you are going to work for and your job responsibilities (for all you know they might get you in as Programmer then make you just coordinate stuff with offshore or "support" their applications onsite; both are big time career killers).





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  • mattresscoil
    11-05 01:03 PM
    Fellow IVians:

    Background:
    We are one EAD/AP. (may not matter in this scenario but still mentioning)
    My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
    She has been living in India with her Grand Parents for the past one year.
    She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.

    Question:
    Since both parents are not accompanying the infant is there some documentation needed?
    Has anyone done this before? Can you please post your experiences and suggestions?
    I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?

    Any information will be sincerely appreciated

    Thanks, Mattresscoil!!



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  • anilsal
    07-17 12:51 AM
    But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive."

    Which law prohibits usage of unused visa numbers? I guess that is one of our provisions that we are demanding. :)





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  • sanjeev_2004
    05-26 03:21 PM
    Previously India used to have 150,000 * 7 / 100 = 10500 visas every year. Now India will get 90,000 * 10 /100 = 9000 visas every year. Loss of visas to india because this new law will be 10500 - 9,000 = 1500.

    It will increase the waiting for PDs to be currenct by 1500 * 100 / 105,00 = 100 / 7 % = 14.3%.
    If remaining waiting of remianing qualified aplicant is 1 year then we will suffer 3 more months with our currect emploer and if it 2 years then we will suffer 6 more months with our currect employer only because of this new bill.


    thanks.



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  • radhay
    01-08 02:13 PM
    I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.





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  • rick_rajvanshi
    08-29 12:56 PM
    I am kind of thinking of getting a template kind of system where in members can involve and put in their thoughts and once an article ( of some interest) reaches to a final stage and gets approved by the majority it would be forwarded to the news papers / Journals.

    I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.

    Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.

    This is a process that has to evolve and please do not have expectations as to see results right away.

    However, if some one is ready to take the lead.... Please take over...


    First thing we should do is to highlight our issues on our own website ( IV.org ). At this moment we are not even doing that. For example, today's "Processing date bulletin" which came out exactly 15 days late and that too with dates traveling back in time should be highlighted first on our own web site.

    IV home page has not been updated for past 3 months or so.

    Why not put these kind of painful headlines on our home page first big , bold highlighted ( eg "USCIS screws immigrants again with latest visa bulletin" ) and then dedicate few lines to it with proper links to last month's and current bulletin.

    Now forward these links to news hungry journalist who will automatically investigate and write in their papers and journals.

    Dedicate few inches of space for today's IV headlines on our home page first.



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  • alterego
    06-21 10:27 PM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.





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  • palemguy
    09-16 12:15 PM
    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?



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  • dreamgc_real
    04-30 08:32 AM
    Obama did say that there might not be an appetite for it currently.......... However, making the bill a delicacy might bring back the appetite :D just kidding.....

    Seriously, if other states follow Arizona, it becomes a pressing issue and whether Obama or Congress has the appetite or not, they have to learn to deal with it. Can't let the Arizona law go viral.

    One of the biggest complaint that AZ is making is that the federal government is not addressing the border problem.........well, the federal govt has to wake up and start addressing immigration reform on the whole .......... as so many sections of the immigration system is broken.

    In conclusion, the mood and environment sets the stage. We have one. Got to take advantage of it.





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  • shreekhand
    08-28 04:42 PM
    Actually it completely depends on the attorney. I know a couple of people in my company who changed employers and used the old attorney to file AC21 papers for them! and it is a big employer and a big attorney firm !

    you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:



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  • alterego
    01-03 12:28 AM
    Pending AOS or 485 is a type of legal status. It also allows you to apply for additional work and travel privileges as long as the underlying 485 remains pending. If you choose not to avail yourself of those benefits that that is up to you. You would end up in trouble only if you violate that by then working or travelling (absent the USCIS permission through EAD or AP). As long as you just sit there and especially if you are a derivative beneficiary, there is no problem.
    That said, many people choose to get EAD/AP in hand in case an employment opportunity or an emergency need for travel comes up. Remember an EAD/AP application may take up to 3mths to get approved.





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  • popoye
    08-20 02:07 AM
    Or is it only for EB3



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  • beautifulMind
    07-16 10:44 PM
    if suppose DOL approves the new job position then can I also convert to EB2 with new position and continue to use EAD of old position





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  • GCwaitforever
    06-15 09:26 AM
    You can send your story to public@nytimes.com. I am typing up mine as we speak. ;)



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  • sunnymit
    05-10 12:49 PM
    the title of your thread sent a message that you know something that others don't - misleading... u want to start predictions - fine, do it but don't misguide ppl... Cheers





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  • jetflyer
    06-11 01:24 PM
    Also depends what is the compensation for the position. As what I see normally (applies to contracting only) any job under $50/hr goes unfilled or takes longer but jobs with $80-$100 gets filled in 2-3 days and creates shortage for those.
    May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D





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  • solaris27
    03-06 08:14 AM
    Congratulations





    rameshvaid
    08-07 03:07 PM
    I did the same with my family in 05. Pretty simple. Go for it. Good Luck. Make sure MARK YES to the question of Your Status in Canada as Permanent Landed Immigrant while filling up the form for H1 intervies at American Embassy.





    pappu
    09-18 05:23 PM
    If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.

    Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.



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