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EB-5 Regional Center Program to Get Short-Term Reprieve with Passage of Continuing Resolution

September 30, 2015 | Blog | By Immigration News Team

Coinciding with the end of the government's fiscal year, the EB-5 regional center program is set to expire today. However, it will get a temporary reprieve with expected final passage of a Continuing Resolution (CR) that will fund the government through December 11 and also temporarily extend the regional center program through that same date.

Employers Must Withhold FICA Taxes for Students who Change Status to H-1B Starting October 1

September 29, 2015 | Blog | By Angel Feng

As students and scholars change status from F-1, J-1 or other FICA exempt statuses to H-1B starting October 1, these employees will become subject to FICA taxes upon the effective date of their H-1B status. All employers and employees are required to pay social security and Medicare taxes.

EB-5 Financing Basics: Video Series

September 28, 2015 | Blog | By Immigration News Team

Over on our Mintz Levin EB-5 Blog, member Douglas Hauer provides a series of educational videos about the EB-5. The first video reviews some basics of the EB- transaction.

October Visa Bulletin Revised: New EB-2 India and China Filing Dates Retrogress

September 25, 2015 | Blog | By William Coffman

It’s September 25th, not April 1st! Like a cruel April Fool’s joke, the October Visa Bulletin has just been revised and the new India & China EB-2 filing dates have retrogressed. The instructions in bold type in the new bulletin indicate that this revised bulletin is to be used to determine who is eligible to file on October 1st.

USCIS Temporarily Suspends Adjudication of I-485s

September 24, 2015 | Blog | By William Coffman

"suspend final adjudication of employment-based Form I-485 applications... because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015."

Setting the Record Straight on EB-5 Investments

September 14, 2015 | Blog | By Immigration News Team

In response to several posts by the Wall Street Journal regarding the EB-5 program, Mintz Levin partner Douglas Hauer responds with 5 Things the WSJ Did Not Mention about Real Estate Finance and the EB-5 Program. Read more about this and related EB-5 news and analysis on our EB-5 Matters Blog.

USCIS To Accept Certain I-485/AOS Applications Before Priority Date Becomes Current

September 11, 2015 | Blog

Exciting news from U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) this week. The agencies announced that beginning with the visa bulletin effective October 1, 2015, USCIS will accept for filing I-485 applications to adjust status to Permanent Resident according to a separate filing date chart.

H-1B Alternatives Series: Concurrent H-1B Employment

September 11, 2015 | Blog

In 2014, Massachusetts created the Global Entrepreneur in Residence Program (GEIR), a program meant to capitalize on the opportunities provided by concurrent H-1B employment. Under this program, universities partnered with the Commonwealth to provide foreign entrepreneurs with relevant, part-time employment opportunities that carried cap-exempt H-1B status.

EB-5 Update: Expansion of Issuer Liability for Crowdfunding

September 2, 2015 | Blog | By Immigration News Team

Looking ahead to expected changes by Congress in EB-5 Regional Center Program regulations, attorneys Peter Saparoff, Douglas Hauer, and John Nucci examine how existing law on liability schemes for issuers and intermediaries in an exempt crowdfunding offering might serve as a model for any future EB-5 legislation.

H-1B Alternatives Series: Flexibility in Foreign Trade and Treaty Visas

September 1, 2015 | Blog | By Lisa Shapira

Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery?

Game and Set: SEC, Love: EB-5 Investors; Match?

August 31, 2015 | Blog | By Immigration News Team

Over on Mintz Levin's EB-5 Blog, attorneys Douglas Hauer and Adam Sisitsky examine the risks to EB-5 investors who fail to properly investigate offerings. Game and set have gone to the SEC, which filed a civil lawsuit against Lobsang Dargey, a regional center owner.

USCIS begins transition to the Electronic Immigration System: Update on Immigrant Visa Fees

August 31, 2015 | Blog

In conjunction with the redesign of the legacy e-filing system and transition to ELIS, USCIS has changed the process for paying the USCIS Immigrant Fee online. The revised payment process aims to "reduce the amount of information an immigrant must provide to USCIS."

A HYPOTHETICAL: Testimony of a U.S. Business Owner Before the U.S. House of Representatives Subcommittee on Immigration and Border Security

August 27, 2015 | Blog | By William Coffman

Mr. Chairman, I’m pleased to provide my testimony today as a follow-up to previous appearances before this committee. I’ve testified on two other occasions to explain the need for a more certain and predictable way to attract and retain the talent my company and others need—even if that means foreign talent.

At the edge of a new frontier: USCIS begins transition to Electronic Immigration System

August 25, 2015 | Blog

In July 2015, the White House announced a series of technology initiatives aimed at modernizing the application process for certain immigration benefits. As part of this effort, the United States Citizenship and Immigration Service (USCIS) was charged with overhauling their Electronic Immigration System (ELIS).

H-1B Alternatives Series: The little known but useful B-1 in lieu of H-1B

August 20, 2015 | Blog

Was your petition one of the estimated 148,000 not selected in this year's H-1B lottery? In a series of posts we will explore alternatives to the H-1B. The B-1 visa category traditionally permits foreign individuals to enter the U.S. for temporary, business-related activities such as meetings with U.S-based colleagues or to attend scientific or professional conferences.

Federal Court Ruling Puts STEM OPT Extension in Jeopardy

August 17, 2015 | Blog | By William Coffman

On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for certain extensions of F-1 Optional Practical Training (“OPT”) employment authorization.

Spring Forward, Fall Behind: Major EB-2 India/China Retrogression in September

August 13, 2015 | Blog | By Immigration News Team

In our latest alert, attorney Michele Frangella discusses the September visa bulletin and movements in the employment based categories. A major retrogression for second preference (EB-2) India and mainland China born applicants occurred.

US, Canada, and Mexico to Expand Trusted Traveler Programs

August 7, 2015 | Blog | By Danielle Lifrieri

The Department of Homeland Security (DHS), Public Safety Canada, and the Secretariat of Governance of Mexico announced the planned expansion of the existing trusted traveler programs. This expansion is the first step toward the creation of a North American Trusted Traveler network and will be rolled out at the beginning of 2016.

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

August 6, 2015 | Blog | By Angel Feng

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an employer’s ability to defend against such claims based on their workers’ potential illegal immigration status.

EB-5 Processing Times: Continued Delays

August 6, 2015 | Blog | By Immigration News Team

On August 3, USCIS published updating processing times for EB-5 immigration benefits. The summary: it's bleak, with processing times at a year or more.

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