|A Bill Amending the EB5 Immigrant Investor Program May Actually Kill Jobs
The United States Citizenship and Immigration Service oversees the Immigration Investor program, also known as the EB5 program. The overall intent of this program is to encourage foreign investors to help create jobs inside the United States. The USCIS uses Regional Centers as the one-stop shop for promoting economic wealth and helping create jobs that put the foreign investors’ money to work. Currently, each foreign investor must contribute $500 thousand to $1 million in order for the Regional Center to create ten jobs. Recently, two United States Senators introduced bill that, if passed, will raise that initial capital investment to $800 thousand to $1.2 million. This initial capital will be used to create the same ten jobs, per investor. To read more, follow this link: http://www.ilw.com/immigrationdaily/.DOL Posts New FAQ List for H-1B & E-3 Employees
The H1B non-immigrant visa category applies to foreign born persons seeking to perform services in three job classifications: 1) specialty occupation (another term describing professional occupations), (H-1B1) 2) services of exceptional merit and ability relating to a Department of Defense research and development project, (H-1B2) or 3) services as a fashion model of distinguished merit or ability,.(H-1B3). A special set-aside of 10,500 E-3 non-immigrant visas is available Australian non-immigrant workers who fit these three categories. To qualify an employee for an H-1B or E-3 non-immigrant visa, petitioning employers must first meet the certification requirements set forth by the Department of Labor by making a detailed attestation that regional wages and working conditions will be met. Second, the US employer and foreign employee must receive final approval from the United States Citizenship and Immigration Services through approval of Form I-129, Petition for Non-immigrant Worker with an H Supplement. The Department of Labor discusses these three classifications to clarify them to the public within the following link:
USCIS Posts Instructions on when to refile a new Form I-129 for multi worksite employees.
H-1B employees are paid according to what the Department of Labor determines to be the regional prevailing wage. Yet, what happens when the employee moves outside of the region of the employer in service to clients around the country? Regional wage differences can cause confusion. To see how the USCIS has resolved these problems, Matter of Simieo Solutions, LLC, was issued as a precedent decision for guidance. Moreover, the USCIS has issued the following instructional memo as guidance. Link 3- Matter of Simieo Solutions, LLC Memo.
Is the United States Turning Highly Skilled Foreign Investors and Inventers Away?
The technology industry is still booming. In recent years, America has invested nearly $50 billion in this industry alone. In response to this annual investment, most technology companies continue to rake-in revenue in the billions of dollars. However, these American companies are not all ran by native born Americans. The United States can thank foreign-born entrepreneurs and inventors for seeking the American dream by helping to stimulate the US economy. Yet, given today’s current political climate, investors and highly-skilled foreign workers are finding increasingly more difficult to get here. Opponents to nonimmigrant visa reform continue to argue that offering employment-based visas will kill American jobs. Yet, it is not the US entreprenuer and inventor who complains about foreign confrontation, which knows no borders. Rather, highly skilled foreign workers and entreprenuers actually boost the economy and their contributions create jobs for US workers. The technology sector is living proof of that fact. See this link for more information: http://www.entrepreneur.com/article/248577.
Department of Labor Has Spoken for Default Wage on Highly Paid Occupations
During a forum between the Department of Labor and experts from the American Immigration Lawyers Association, AILA, the DOL confirmed that the $90/hour default wage rate can be cited without having to submit a prevailing wage determination request when there is no online wage library, OWL, data for highly compensated occupations. A DOL FAQ is soon to follow.
Employment Based Toolbox Resources- Did you know?
P-1A for the Internationally Recognized Athletes
Did you ever wonder how exactly a foreign athlete, probably one of your favorite athletes, gets to play and compete in the United States? Many people believe that foreign born athletes come to the US with significant funds to enter and exit the Unites States at will. This is certainly what is required for admission to play professional sports. The P-1A visa for internationally recognized athletes provides the key to their admission. There are clear requirements to qualify an Internationally Recognized Athlete. Form I-129, Petition for a Nonimmigrant Worker, must be submitted with a P Supplement, and evidence to demonstrate eligibility, which includes, but is not limited to, the following:
- Evidence of having participated to a significant extent in a prior season with a major United States sports league
- Evidence of having participated to a significant extent in international competition with a national team
- Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition
- A written statement from an official of a major U.S. sports league or an official of the governing body of the sport which details how you or your team is internationally recognized
- A written statement from a member of the sports media or a recognized expert in the sport which details how you or your team is internationally recognized
- Evidence that you or your team is ranked, if the sport has international rankings
- Evidence that you or your team has received a significant honor or award in the sport
For more information on P-1A visa requirements, go to this link: http://www.uscis.gov/working-united-states/temporary-workers/p-1a-internationally-recognized-athlete. If you know or manage any Internationally Recognized Athletes, please don’t hesitate to make an appointment at JEGLAW. Just call (702) 898-9540
E-1 Treaty Traders
The E-1 Treaty Trader nonimmigrant visa allow a businessperson from a country that has a standing treaty of commerce or navigation with the United States to be admitted so as to conduct international trade from inside the United States with his or her home country. If the nonimmigrant is already in the United States, the trader files Form I-129, E Supplement, in order to secure nonimmigrant status. From outside the United States, the trader can submit Form DS 156, with an E Supplement with a US consulate under the Department of State, DOS. See the DOS Website at (www.dos.gov). In addition, to qualify for the E-1 visa as the employee of a treaty trader, he or she meet the following qualifications:
- Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
- Meet the definition of “employee” under the relevant law
- Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
For more information on requirements, please visit http://www.uscis.gov/working-united-states/temporary-workers/e-1-treaty-traders. As always, if you have further inquiries or you become aware of persons seeking an E-1 Treaty Trader visa, please refer them to JEGLAW at (702) 898-9540.