detroit2009
07-10 10:43 AM
ANYONE please!!!!
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sayonara
09-11 05:17 PM
Does your Attorney says that counter will start from Aug 28, 2007 ?
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Nope...And he is one of those who stops answering if there are too many questions...maybe i will get these answers next week :rolleyes:
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Nope...And he is one of those who stops answering if there are too many questions...maybe i will get these answers next week :rolleyes:
qualified_trash
06-16 09:34 AM
why cant we set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators?
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cooler
08-27 03:16 PM
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
I dont think that should be a problem. AS Attorney Murthy suggested, talk to the supervisor at the DMV office. The I485 receipt should be enough.
I dont think that should be a problem. AS Attorney Murthy suggested, talk to the supervisor at the DMV office. The I485 receipt should be enough.
more...
nfinity
01-20 01:40 PM
fantastic theme and integration! way to go
Leo07
10-07 01:21 PM
I was wondering about the second part of the question/answer. Thanks rockstart!
more...
Sakthisagar
04-06 02:56 PM
I think 3 years degrees and experience are ok for EB3 category.
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days_go_by
01-10 08:18 AM
Friends,
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
--------
Let me guess, remember this is just PURE GUESS.
I think it is unlikely that Eb3 date will reach July 2002 in next 1.5 years, if you see how long it was stuck in April 2001, I can expect the progress to be very very slow.
If there is a CIR or some kind of relief then yes it can reach that far.
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
--------
Let me guess, remember this is just PURE GUESS.
I think it is unlikely that Eb3 date will reach July 2002 in next 1.5 years, if you see how long it was stuck in April 2001, I can expect the progress to be very very slow.
If there is a CIR or some kind of relief then yes it can reach that far.
more...
never_giveup
11-05 02:20 PM
They might not necessarily ask you, but its always safe to have the below documents.
In our case, they asked us once and the other time, they did not care.
1. Copies of Passport of both the parents (page with picture and name details)
2. A letter authorizing your in-laws to accompany your daughter.
Get it notarized if you can. If not, send the signed copies.
If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
In our case, they asked us once and the other time, they did not care.
1. Copies of Passport of both the parents (page with picture and name details)
2. A letter authorizing your in-laws to accompany your daughter.
Get it notarized if you can. If not, send the signed copies.
If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
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mmk123
10-21 05:26 PM
Bills like this are discussed every time, they come and go, year over year.
Any new bill introduced is asked simple question against it by antis and anti-favored-lobbysts - is it going to give any help for China, India, Mexico, Philipines to start with and all the world except western europe?
If they find even a small thing (which they term conveniently as a "loophole"), then lobbysts suggest simple amendments, or keep delaying the hearing under the disguise of "constructive changes" simply to make sure that above stated stuff doesn't happen.
sorry for being blunt. but looks like that's a reality. They oppose any "rationing" of healthcare but support "rationing" of highly-skilled workers as per their "country of origin". What a hipocracy!
Any new bill introduced is asked simple question against it by antis and anti-favored-lobbysts - is it going to give any help for China, India, Mexico, Philipines to start with and all the world except western europe?
If they find even a small thing (which they term conveniently as a "loophole"), then lobbysts suggest simple amendments, or keep delaying the hearing under the disguise of "constructive changes" simply to make sure that above stated stuff doesn't happen.
sorry for being blunt. but looks like that's a reality. They oppose any "rationing" of healthcare but support "rationing" of highly-skilled workers as per their "country of origin". What a hipocracy!
more...
pappu
04-14 07:44 AM
We have a call today @ 7 PM EST if someone wants to send questions/be in the call
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SertTurk
07-18 02:20 PM
Thanks for the reply.
I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...
It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.
I am pretty sure we are in the last state but I will check that and make sure when I get home tonight. We have filled out forms called Packet III and sent them in. I was told that we are waiting for a gereen card number available so we can get a consular processing date. And I tried calling immigration couple time with our case number starting ANK...(for Turkey).I was told by them our case was approved too...
It has been much more then 6months...so you are saying that she can change employers.Very interesting...The lawyer told us otherwise.
more...
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zerozerozeven
05-07 12:00 AM
Time to get our voices heard
http://www.time.com/time/politics/article/0,8599,1896482,00.html?cnn=yes
The first tweet the White House Twittered was not about the weather. It had nothing to do with how the President was feeling, what he was doing or what he wanted for lunch. The First Dog, Bo, failed to receive even an oblique mention.
Instead, the Obama Administration jumped with both feet into the 140-character Twitterverse on May 1 with a one-sentence post on how Americans can learn about swine flu directly by joining social networks with the Centers for Disease Control and Prevention (CDC). "We wanted to use these tools to some end, some effect, some public good," said Macon Phillips, the White House Director of New Media. (See the best social-networking applications.)
So it has gone in the first few months of the Obama Administration. At the new President's urging and by his example, the entire Federal Government has bounded into the world of social-networking. Twenty-five agencies now have YouTube channels. The Library of Congress has begun posting thousands of free historical photos on Flickr. In the past week alone, about 30 agencies, including the White House, have joined Facebook.
"The whole pondering process � Should we do it? Should we not do it? � has been truncated because the White House is doing it," says Theresa Nasif, director of the Federal Citizen Information Center, which helps coordinate Web outreach. "It's very exciting to be in government."
The federal technology transformation remains very much a work in progress, with several agencies just beginning to grapple with allowing employees to even access social-networking sites. The White House communications team, for instance, is not able to access the government's Facebook postings and Twitter feeds, let alone those of reporters from the press corps, because of filters installed at the White House. (The White House New Media team, which posts on the networks from four old speech-writing rooms in the Eisenhower Executive Office Building, has been able to win an exemption from this policy.)
Still, the Administration has already made great strides in opening up to technological innovation. On Jan. 21, his first full day in office, Obama signed an Executive Order calling for all departments and agencies to "establish a system of transparency, public participation and collaboration." At the same time, White House lawyers, working with other federal agencies, sought to create new "terms of use" agreements with private companies that would allow government to sign up for social networks like MySpace, YouTube and Facebook as if they were just another person. What was once the sole domain of adventuresome government agencies and officials soon became standard policy.
At present, government lawyers have drafted agreements with 10 private social-networking companies. (The tailored agreements take into account certain federal privacy statutes and require that disputes be settled in federal court, not state courts.) Six other private-sector products, including iTunes, are being considered for further expansion, potentially clearing the way for easy iPod downloads of Obama Administration messages.
At some agencies, like the White House, other considerations had to be taken into account. To comply with the Presidential Records Act, every Twitter and Facebook posting, for instance, generates an e-mail record that can be stored with other records. Citizen responses to the White House postings are also sampled and archived for the sake of history. On Monday, to coincide with the announcement of a crackdown on corporate overseas tax havens, the White House Twitter feed asked followers � who now number more than 40,000 � for their reaction. Jason Furman, deputy director of the White House National Economic Council, responded to three of the questions in a follow-up posting, which was linked to the White House blog. The questions, far from softballs, led to a discussion of the difference between statutory and effective tax rates, among other things. (See the 50 best websites of 2008.)
Other areas of government have had success on a far greater scale. The CDC, which began experimenting with social media three years ago, has created a raft of YouTube videos, podcasts, webpage widgets and Twitter-size feeds to inform the public about the latest news on the H1N1 virus, also known as swine flu. Between April 22 and May 4, the CDC received 1.2 million views of flu-related material on YouTube and 46.6 million Web-page views, and attracted 99,000 followers on its Twitter feed "CDCemergency," which provides breaking updates on health issues. Janice Nall of the CDC's Center for Health Marketing says the agency is interested in employing any social media that people use. As for Twitter, she added, "It just happens to be sexy right now."
Several agencies have been struggling to free themselves of bureaucratic restraints, like filtering software that bars employees from accessing social networks from work computers. In recent months, both the Department of Energy and the Department of Housing and Urban Development have opened up employee access to social-networking tools. The Defense Department has also been going online, with a new Air Force Twitter page and a Facebook page for General Ray Odierno, the U.S. commander of multinational forces in Iraq.
Nonetheless, the entire project of making the government social-network-friendly remains in its infancy. As it stands, the government controls about 24,000 websites but is only beginning to utilize the social-networking sites on which citizens are spending an increasing amount of their time. Yet the historic bureaucratic resistance to adapting to new media has clearly begun to fade, says Bev Godwin, director of Online Resources and Interagency Development at the White House. "I think you will see a huge increase in use across the government of social-networking tools," she says.
http://www.time.com/time/politics/article/0,8599,1896482,00.html?cnn=yes
The first tweet the White House Twittered was not about the weather. It had nothing to do with how the President was feeling, what he was doing or what he wanted for lunch. The First Dog, Bo, failed to receive even an oblique mention.
Instead, the Obama Administration jumped with both feet into the 140-character Twitterverse on May 1 with a one-sentence post on how Americans can learn about swine flu directly by joining social networks with the Centers for Disease Control and Prevention (CDC). "We wanted to use these tools to some end, some effect, some public good," said Macon Phillips, the White House Director of New Media. (See the best social-networking applications.)
So it has gone in the first few months of the Obama Administration. At the new President's urging and by his example, the entire Federal Government has bounded into the world of social-networking. Twenty-five agencies now have YouTube channels. The Library of Congress has begun posting thousands of free historical photos on Flickr. In the past week alone, about 30 agencies, including the White House, have joined Facebook.
"The whole pondering process � Should we do it? Should we not do it? � has been truncated because the White House is doing it," says Theresa Nasif, director of the Federal Citizen Information Center, which helps coordinate Web outreach. "It's very exciting to be in government."
The federal technology transformation remains very much a work in progress, with several agencies just beginning to grapple with allowing employees to even access social-networking sites. The White House communications team, for instance, is not able to access the government's Facebook postings and Twitter feeds, let alone those of reporters from the press corps, because of filters installed at the White House. (The White House New Media team, which posts on the networks from four old speech-writing rooms in the Eisenhower Executive Office Building, has been able to win an exemption from this policy.)
Still, the Administration has already made great strides in opening up to technological innovation. On Jan. 21, his first full day in office, Obama signed an Executive Order calling for all departments and agencies to "establish a system of transparency, public participation and collaboration." At the same time, White House lawyers, working with other federal agencies, sought to create new "terms of use" agreements with private companies that would allow government to sign up for social networks like MySpace, YouTube and Facebook as if they were just another person. What was once the sole domain of adventuresome government agencies and officials soon became standard policy.
At present, government lawyers have drafted agreements with 10 private social-networking companies. (The tailored agreements take into account certain federal privacy statutes and require that disputes be settled in federal court, not state courts.) Six other private-sector products, including iTunes, are being considered for further expansion, potentially clearing the way for easy iPod downloads of Obama Administration messages.
At some agencies, like the White House, other considerations had to be taken into account. To comply with the Presidential Records Act, every Twitter and Facebook posting, for instance, generates an e-mail record that can be stored with other records. Citizen responses to the White House postings are also sampled and archived for the sake of history. On Monday, to coincide with the announcement of a crackdown on corporate overseas tax havens, the White House Twitter feed asked followers � who now number more than 40,000 � for their reaction. Jason Furman, deputy director of the White House National Economic Council, responded to three of the questions in a follow-up posting, which was linked to the White House blog. The questions, far from softballs, led to a discussion of the difference between statutory and effective tax rates, among other things. (See the 50 best websites of 2008.)
Other areas of government have had success on a far greater scale. The CDC, which began experimenting with social media three years ago, has created a raft of YouTube videos, podcasts, webpage widgets and Twitter-size feeds to inform the public about the latest news on the H1N1 virus, also known as swine flu. Between April 22 and May 4, the CDC received 1.2 million views of flu-related material on YouTube and 46.6 million Web-page views, and attracted 99,000 followers on its Twitter feed "CDCemergency," which provides breaking updates on health issues. Janice Nall of the CDC's Center for Health Marketing says the agency is interested in employing any social media that people use. As for Twitter, she added, "It just happens to be sexy right now."
Several agencies have been struggling to free themselves of bureaucratic restraints, like filtering software that bars employees from accessing social networks from work computers. In recent months, both the Department of Energy and the Department of Housing and Urban Development have opened up employee access to social-networking tools. The Defense Department has also been going online, with a new Air Force Twitter page and a Facebook page for General Ray Odierno, the U.S. commander of multinational forces in Iraq.
Nonetheless, the entire project of making the government social-network-friendly remains in its infancy. As it stands, the government controls about 24,000 websites but is only beginning to utilize the social-networking sites on which citizens are spending an increasing amount of their time. Yet the historic bureaucratic resistance to adapting to new media has clearly begun to fade, says Bev Godwin, director of Online Resources and Interagency Development at the White House. "I think you will see a huge increase in use across the government of social-networking tools," she says.
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japs19
02-20 05:19 PM
As I got 3 years ext. I am a bit relaxed about re-starting my GC process with new employer. Why rush, with the retro, it won't get me GC any sooner anyways so I plan to taste the water before I take the obligation of GC sponsorship from new employer.
more...
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gc28262
07-16 12:38 PM
I personally think it�s true specially for FB AOS applicants where no intermediate step like EAD and AP between visitor�s visa and final approval. It may also be true for EB AOS applicants where EAD hasn�t been issued and H1 extension hasn�t filled.
EAD - is work authorization. It is not a status document. You can be in this country without EAD if you are on AOS and not working. EAD is needed only if you are working.
AOS - AOS (I-485 pending) is a status in itself. This status allows you to stay in the country irrespective of whether you have an EAD.
EAD - is work authorization. It is not a status document. You can be in this country without EAD if you are on AOS and not working. EAD is needed only if you are working.
AOS - AOS (I-485 pending) is a status in itself. This status allows you to stay in the country irrespective of whether you have an EAD.
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boreal
09-24 05:48 PM
Hi Gurus,
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).
R
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).
R
more...
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aa_ke_phas_gaya
04-30 05:09 PM
I am not being pessimistic; this is just my opinion about CIR: I don't have high hopes for CIR when it comes to EB immigration.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
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qualified_trash
11-02 01:32 PM
rajiv khanna is good. he took my wife's case which was messed up by another lawyer and helped her get the work visa with change of status so she could start working here.
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eldrick
07-31 03:46 PM
Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
Is there a way? Please help me please. Thank you
Is there a way? Please help me please. Thank you
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)
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)
EkAurAaya
07-10 09:55 PM
flush this theory of mine... may be it was just a flook that 9 cases followed a pattern (and i thought i just decoded it LOL)... but this just confirms that applications dont reach Service centers they actually reach a black hole :D
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