New Employment Eligibility Verification Form I-9 Issued

Employment Eligibility Verification Form I-9 is to be filled out by all new employees.  This is an important means for USCIS to make sure that all employers are complying with immigration laws and that the person who is being hired can legally work in the US.

The USCIS released a new version of the I-9 form.

1. Employees may no longer present expired documents during the employment eligibility verification process
2. Documents not containing an expiration date are considered unexpired documents

In addition, the new I-9 removes Forms I-688, I-688A, and I-688B from List A.  There are a series of other changes

USCIS has the the new Handbook for Employers (M-274) on all the requirements for the new form.

May 2009 Visa Bulletin

The new May 2009 Visa Bulletin is out.

Click here for the May 2009 Visa Bulletin.

Silicon Valley Hampered by Immigration Laws

The New York Times discusses the problems that Silicon Valley firms face when attempting to recruit world wide talent.  Currently, the article has a very interesting multimedia widget next to it that shows graphically the countries of origin for certain occupations.  For example, Vietnam contributes the highest number of foreign workers to the hairdresser and personal grooming category.  And the top three countries that contribute  writers, entertainers, and entertainers are:  1) Mexico; 2) Great Britain; 3) Korea.

NY Times Article:  In Silicon Valley, Recruting Clashes With Immigration Limits

Coming to America: Expectations

An Iraqi blogger from the NY Times writes about her expectations about coming to America — in particular the education system.  She is Christian and worked for the NY Times as a translator in Iraq.  She will be coming to America soon.

The blog entry begins with this paragraph:

“I don’t know what I’m going to face in America. All of my opinions about America, and American universities, do not come from people who have been there or from people who have lived that life. They just come from watching movies.”

I believe it’s probably true — the image of America overseas is fashioned through movies.

Click here for the blog entry.

She’ll continue to write about her new life here in the US.  I’ll be curious as to how her expectations are met/exceeded/diminshed/not met as she lives here.  The perspective that she brings as someone on the verge of arriving here is something we forget as Americans — regardless of which side of the immigration debate you are on.

For me personally, a part of me believes in what she articulated in the blog entry above and I’m reminded of that everytime I read a narrative such as hers.

EB-5 Regional Center Program Extended

The US Senate just passed the 2009 Omnibus Appropriations bill. It is now headed to President Obama for approval, which is expected.

The EB-5 Regional Center Program extension (not to be mistaken with the regular EB-5 program) was part of the above bill. The earlier extension originally sunset earlier this week, but with the approval, the program will be extended until September 30, 2009.

April 2009 Visa Bulletin

Click here for the visa bulletin for April 2009.

There has been retrogression in the third employment category (EB-3).

Tips on I-765 Filing for OPT STEM

F-1 students can engage in Optional Practical Training during or right after their course of study (that’s directly related to the course of study).   Students studying in a STEM (Science, Technology, Engineering, or Mathematics) can extend their OPT period for an additional period of 17 months.

The USCIS Nebraska Service Center offers the following filing tips for preparing STEM OPT EAD applications:

1. Be sure the student files before their standard post-completion OPT expires. Anything filed after the expiration cannot be approved.

2. Student must have completed all requirements for their degree.

3. On I-765, item #17, list the numerical CIP Code for the student’s degree, the employer’s name as listed in E-Verify, and the E-Verify identification number. Do not list the tax ID number. The E-Verify number is 5 or 6 digits.

4. Include a copy of their current Employment Authorization Card.

5. Include a copy of their Form I-94, Arrival/Departure Card.

6. Include a copy of their SEVIS I-20 which has been endorsed within the past 30 days by the Designated School official on page 1 and 3, and the student on page 1.

7. Submit proof of the completion of studies (degree certificate).

8. Make sure the listed start date is the day after regular post-completion OPT ends and that the end-date is 17 consecutive months after start date.

9. Make sure that “C3C” is notated on Line #16 of the form.

EB-5 Generally: Investor Visa

There’s been some discussion about the EB-5 Investor Visa on this blog, without any real discussion of what one should do to acquire an EB-5 visa.

Generally, the EB-5 Investor Visa requires two things (this is VERY general):

1)  An initial investment into a new business enterprise of $1,000,000 (one million US dollars) in the United States.

2)  And in the process of accomplishing the above, create 10 full time jobs for US citizens or US permanent residents.

–

One can reduce the required amount of $1,000,000 to just $500,000 (five hundred thousand dollars) in one of two ways:

a)  Invest in a rural area or an area where the employment is 150% of the national average; OR

b)  Go through an EB-5 Regional Center.

As noted in other posts, the future of the EB-5 Regional Center has not been decided by the new administration (currently it is set to sunset around March).

And the EB-5 should not be mixed up with the temporary visa E-2.  The EB-5 allows the foreign national to acquire permanent residence (along with the immediate family as well).

The grant of permanent residence, is conditional (almost like a marriage greencard).  One has to file another petition to make the green card permanent in two years time, where the USCIS will review the petition once more.

–

The problem for most people is the amount of capital required (different from the E-2 visa, which doesn’t have a set monetary amount).  And the fact that one has to be involved quite a bit in the day to day operations (please compare to the EB-5 Regional Center, which has different requirements).

February 2009 Visa Bulletin

The February 2009 Visa Bulletin is out and ready to be perused.

There is movement for certain employment based categories. In particular the Employment 2nd has shown movement for those petitioning from India and China.  However, in the 3rd UNSKILLED category, there is retrogression for those from China, Mexico, and India (different in the regular 3rd category for China and Mexico).

The family based numbers have also shown movement, but you can see those yourself on the link below.

CLICK HERE FOR THE FEBRUARY 2009 VISA BULLETIN

USCIS Announces New Filing Location for all EB-5 Petitions

All EB-5 related filings is to be filed at CSC only.

Submit all new EB-5 petitions and regional center application materials to:

For Direct Mail (i.e. USPS):

USCIS California Service Center
ATTN: EB-5 Processing Unit
P.O. Box 10526
Laguna Niguel, CA 92607-0526

For private couriers (FedEx, etcetera):

USCIS California Service Center
ATTN: EB-5 Processing Unit
24000 Avila Road, Room, 2nd Floor.
Laguna Niguel, CA 92677