On October 28, 2009, President Obama signed legislation extending three critical immigration bills. In our last posting on these pages, we discussed these bills and how they impact our clients. This is great news to the immigrant communities and the clients of our firm. For religious workers, this means that we can continue filing the non-minister religious worker petition. As for the EB-5, regional center program, the investment opportunity for the United States and our investor clients will remain uninterrupted.
Now, if only we can get Comprehensive Immigration Reform implemented.
Thursday, October 29, 2009
Wednesday, October 21, 2009
EB-5 and Other Immigration Laws Extensions
On October 20, 2009 the United States senate, by a vote of 79-19, approved the conference report of the Department of Homeland Security bill. The U.S. House had approved the same on October 15, 2009 by a vote of 307-114. The bill now goes to President Barack Obama who will sign it, thereby extending a number of expiring immigration laws. This includes the Religious Worker visa, the Conrad 30 (providing for foreign physicians in rural, medically under-served areas) and the EB-5 (regional centers) legislation. Religious worker visas allow individuals to enter the United States to work for religious entities. The EB-5 regional center program permits individuals to invest a minimum of $500,000 in qualified United States regional centers and in return the investor obtains permanent residency status for themselves, their spouses and minor children. Each of these laws were extended for an additional three years. None of these extensions came as a surprise to those of us who have followed their expiration and subsequent discussions about their renewal.
At Paschal Nwokocha Law Offices, religious workers and EB-5 petitions have continued to dominate a good portion of our immigration law practice areas. For some of our clients, the renewal now offers the needed certainty and assurance they need in making important strategic decisions.
One important item with the extension is that these visa categories were renewed without major changes to the underlying requirements. Thus, there are no major disruptions for those who have been preparing to initiate a petition based on the then existing laws. Though some of us had hoped for the liberalization of the job creation requirement aspect of the EB-5 program, we believe that the law as it stands still serves a critical need for the United States and for our clients, prospective clients and their families. For religious workers, major changes were introduced in November 2008, and practitioners and the USCIS continue to adjust to this major overhaul of the regulation.
We have been privileged to represent a good number of EB-5 investors from Sub-Saharan Africa. We are a leader in that market, and we believe the key reason is not only that the firm is led by an experienced immigration attorney who immigrated from Africa to the US, but also because we understand the clients, their unique concerns, and can relate to their needs. For some of the clients, the motivation is the education and development of their minor children. For others, this offers them an opportunity to diversify their investment portfolio. Yet for others, this is an opportunity to have a "Plan B", especially because of unstable political and security environments in their home country. Of course for some, they need a second or retirement home in the US.
We expect to begin processing a number of cases as clients make their end/beginning of year decisions. If any of our readers wants additional information or a consultation about how our office assists with immigration issues, please contact us.
At Paschal Nwokocha Law Offices, religious workers and EB-5 petitions have continued to dominate a good portion of our immigration law practice areas. For some of our clients, the renewal now offers the needed certainty and assurance they need in making important strategic decisions.
One important item with the extension is that these visa categories were renewed without major changes to the underlying requirements. Thus, there are no major disruptions for those who have been preparing to initiate a petition based on the then existing laws. Though some of us had hoped for the liberalization of the job creation requirement aspect of the EB-5 program, we believe that the law as it stands still serves a critical need for the United States and for our clients, prospective clients and their families. For religious workers, major changes were introduced in November 2008, and practitioners and the USCIS continue to adjust to this major overhaul of the regulation.
We have been privileged to represent a good number of EB-5 investors from Sub-Saharan Africa. We are a leader in that market, and we believe the key reason is not only that the firm is led by an experienced immigration attorney who immigrated from Africa to the US, but also because we understand the clients, their unique concerns, and can relate to their needs. For some of the clients, the motivation is the education and development of their minor children. For others, this offers them an opportunity to diversify their investment portfolio. Yet for others, this is an opportunity to have a "Plan B", especially because of unstable political and security environments in their home country. Of course for some, they need a second or retirement home in the US.
We expect to begin processing a number of cases as clients make their end/beginning of year decisions. If any of our readers wants additional information or a consultation about how our office assists with immigration issues, please contact us.
Tuesday, August 11, 2009
Something New!
New: Extra Extra, get all your gadgets! or at least read about it.
We love technology and it's ability to simply our lives. If only our immigration laws were as dynamic. The future could be today. We can be the catalysts!!
Peace to all people of good will.
Thursday, June 25, 2009
Finally, Something is Happening
After a couple of false starts, the president today has launched the immigration reform debate. He promised to immediately begin negotiations to craft CIR with the goal of passing legislation this year or early next year. This official statement from the White House is a good start to the conversation. This has been the much anticipated launch that we have discussed in previous postings on these pages. All the key players were present at the White house for the meeting. Senator Lindsey Graham (R-SC) told politico that "We’ve got one more chance to do this. If we fail this time no politician is going to take this up for a generation and that would be a shame for this country." We couldn't agree more with the senator. All hands must be on deck! We urge our readers to contact their congressional representatives. Make the phone calls, send email. Now is the time!
Different groups have issued statements applauding the president for the bold stand he has taken. I am not surprised. It appears that his heart is in the right place; he is clearly a product of the immigration system. We all should do our part--keep up the pressure!
Different groups have issued statements applauding the president for the bold stand he has taken. I am not surprised. It appears that his heart is in the right place; he is clearly a product of the immigration system. We all should do our part--keep up the pressure!
Friday, June 12, 2009
Momentum Needed for CIR
There seems to be indication that the administration is trying to hold back on pushing for CIR. The much anticipated meeting between the White House and the Immigration Advocates have been rescheduled again. That is clearly discouraging news. We have to keep the administration's feet to the fire; we cannot let it off the hook. This country needs CIR and needs it now.
A number of organizations have come together to push for reform. The AFL-CIO, NAACP, National Council of La Raza, have all come together to clamor for change. We need to contact the White House and Congressional representatives. We need to contact them now.
Peace to all people of good will.
A number of organizations have come together to push for reform. The AFL-CIO, NAACP, National Council of La Raza, have all come together to clamor for change. We need to contact the White House and Congressional representatives. We need to contact them now.
Peace to all people of good will.
Wednesday, May 27, 2009
CIR-Lessons from the UEFA Champions League Final
I had a late lunch this afternoon at a nearby restaurant. Over a glass of cold beer, I watched the European Champion League final game between F.C. Barcelona and Manchester United. With me was another immigration attorney and friend who happens to be from Eastern Europe. It was a fascinating game in which Barcelona clearly dominated the game from the beginning to the very last end. Their ball control with exceptional. Manchester United was clearly outmatched.
The first goal was by Samuel Eto'o, the Cameroonian phenom in the 10th minute of the game which set the pace, while Lionel Messi, the Argentine, scored the second goal to seal it. What lessons we can draw from this game for the Comprehensive Immigration Reform (CIR) debate? The answer: When the CIR advocates are ahead of the opposition it is exactly when to push ahead for the second goal to seal the game. There is indeed NO room to rest until the goal is achieved. For CIR, the first goal was the 2008 elections. The second goal has to be the actualization of CIR.
As reported in Politico, the White House has set a meeting on immigration reform on June 8 at the White House with congressional leaders. This follows the May meeting with the Congressional Hispanic Caucus where the President promised to hold form on immigration reform. We cannot rest until the goal is accomplished. Any reader of this blog should call their congressional representatives and express support for Comprehensive Immigration Reform. Call now and call often. AILA has provided an easy way to contact congressional leaders regarding CIR. Opponents are doing just that. That is the only way our voice can be heard. In the meantime, we should thank those who have shown leadership on CIR, including Senator Schumer who held a hearing on May 20, 2009 on border security. He concluded the hearing promising that the subcommittee intends to hold "comprehensive hearings on…every difficult aspect of immigration reform." This is very much needed!
In the F.C. Barcelona v. Manchester United game, at the 70th minutes of the game, Lionel Messi, the Argentine whiz player of Barcelona scored the second and final goal of the game. CIR advocates have to have the same spirit. We cannot wait for others to do the heavy lifting for us. We have to be involved.
Another lesson is this: in the quest for excellence, the teams sought out talents from all over the world. Barcelona, with its unique international squad, in 2009 won a historic and the most coveted 'El Triple' (triple crown) of: The Spanish League Trophy, The Copa del Rey Cup (Spanish King's Cup) and The European Champions League Trophy, a feat no other Spanish team has ever accomplished. The two goal scorers in this final were not Spanish but they brought joy, pride and excitement to Spain and Spaniards of all backgrounds. Like F.C. Barcelona, every other business will like to be winners as well. The nationality of the workforce should not limit a business' potential.
Peace to all people of good will.
The first goal was by Samuel Eto'o, the Cameroonian phenom in the 10th minute of the game which set the pace, while Lionel Messi, the Argentine, scored the second goal to seal it. What lessons we can draw from this game for the Comprehensive Immigration Reform (CIR) debate? The answer: When the CIR advocates are ahead of the opposition it is exactly when to push ahead for the second goal to seal the game. There is indeed NO room to rest until the goal is achieved. For CIR, the first goal was the 2008 elections. The second goal has to be the actualization of CIR.
As reported in Politico, the White House has set a meeting on immigration reform on June 8 at the White House with congressional leaders. This follows the May meeting with the Congressional Hispanic Caucus where the President promised to hold form on immigration reform. We cannot rest until the goal is accomplished. Any reader of this blog should call their congressional representatives and express support for Comprehensive Immigration Reform. Call now and call often. AILA has provided an easy way to contact congressional leaders regarding CIR. Opponents are doing just that. That is the only way our voice can be heard. In the meantime, we should thank those who have shown leadership on CIR, including Senator Schumer who held a hearing on May 20, 2009 on border security. He concluded the hearing promising that the subcommittee intends to hold "comprehensive hearings on…every difficult aspect of immigration reform." This is very much needed!
In the F.C. Barcelona v. Manchester United game, at the 70th minutes of the game, Lionel Messi, the Argentine whiz player of Barcelona scored the second and final goal of the game. CIR advocates have to have the same spirit. We cannot wait for others to do the heavy lifting for us. We have to be involved.
Another lesson is this: in the quest for excellence, the teams sought out talents from all over the world. Barcelona, with its unique international squad, in 2009 won a historic and the most coveted 'El Triple' (triple crown) of: The Spanish League Trophy, The Copa del Rey Cup (Spanish King's Cup) and The European Champions League Trophy, a feat no other Spanish team has ever accomplished. The two goal scorers in this final were not Spanish but they brought joy, pride and excitement to Spain and Spaniards of all backgrounds. Like F.C. Barcelona, every other business will like to be winners as well. The nationality of the workforce should not limit a business' potential.
Peace to all people of good will.
H1-B Visa Under Subscribed!!
On May 26, 2009, the USCIS announced that it has received only 47,000 petitions for H1-B visa classifications subject to the cap. This means that the USCIS has room for almost 20,000 HI-B visas for the 2010 fiscal year. This is amazing for a number of reasons. First, in the past few years, the 65,000 H1-B visas available annually were usually used up within a few days of their availability--by the first week of April. But this year, and this late in the period, we still have up to 20,000 visas available! Second, this announcement shows that the H1B visa process works. Employers will file petitions for professionals and skilled workers depending on need, not just for immigration purposes as opponents of the program allege. The decision to employ a foreign national and file immigration petition is clearly a business decision. The downturn in the economy has dictated what employers do, who they hire, and when. It should remain this way even when the economy improves. Third, it goes to show that the numerical limit on H-1B visa is arbitrary, artificial and has no place in today's economy. When economy improves, employers should and must have the flexibility to seek and hire talents wherever they are. That is clearly one way the U.S business can remain competitive.
This same argument applies to the rest of the employment visa categories. We have consistently argued in this blog and elsewhere for elimination of numerical limitation on various categories of employment based visas. Certainly, it is counter intuitive to advocate for more progressive immigration policy under the current economic and political environment. But, this is exactly the right time to advance such policies--it helps individuals and businesses with all the tools needed to move ahead once the economic environment improves. Businesses need to have the tools for the competition before the real game starts. To wait for the economy to completely improve may be too late.
Peace to all people of good will.
This same argument applies to the rest of the employment visa categories. We have consistently argued in this blog and elsewhere for elimination of numerical limitation on various categories of employment based visas. Certainly, it is counter intuitive to advocate for more progressive immigration policy under the current economic and political environment. But, this is exactly the right time to advance such policies--it helps individuals and businesses with all the tools needed to move ahead once the economic environment improves. Businesses need to have the tools for the competition before the real game starts. To wait for the economy to completely improve may be too late.
Peace to all people of good will.
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