Partner Douglas Hauer on our sister blog, EB-5 Financing Matters, provides an update on EB-5 authorization as part of a pending Continuing Resolution.

This afternoon, a draft of the Continuing Resolution (CR) began circulating in Washington, DC. The CR, which Congress will likely pass early next week, will keep the federal government running through the November election. According to Alexander Hecht, Vice President of Government Relations at ML Strategies, upon enactment, the EB-5 Regional Center Program will be extended through December 9, 2016 – the length of this current CR. “Since EB-5 was contained in last year’s Omnibus appropriations bill, it is automatically extended by a Continuing Resolution for its duration. There was no need for legislators to specifically mention EB-5 in this Continuing Resolution,” stated Hecht. Stakeholders should continue to monitor developments related to the CR, but according to Hecht, “passage in both chambers seems very likely early next week, as legislators on both sides of the political aisle are anxious to get home to focus on campaigning for the November elections.”

The UK Home Office has announced plans to offer an optional premium service for requests made through the Sponsor Management System (SMS). This service will allow Sponsors to pay a fee of £200 for expedited processing of certain types of requests including Certificate of Sponsorship allocation and Level 1 user appointment.

This service is being offered in an attempt to address the long processing times that many Sponsors have experienced when making routine requests through the SMS. In some instances, the Home Office has estimated as long as 18 weeks for the processing of requests. Such long wait times can be extremely burdensome on Sponsors who hope to hire recruits from outside of the UK to meet immediate staffing needs.

The law creating this new premium service will go into effect next month. From there, the Home Office will work toward implementation, but a specific timeline for when the service will be available to SMS users has not yet been announced.  We will provide additional information when it becomes available.

Should you have any questions, please contact GlobalVisas@mintz.com.

Practice Chair, Susan Cohen was quoted in the Law360 article, Rule for Foreign Startup Founders Seen as Helpful Stopgap in which she explains the nuances of the UCIS’s proposed entrepreneur rule, which will allow immigrant startup founders to temporarily stay in the U.S. Cohen notes that the rule doesn’t provide actual immigration status and clarifies the impact “parole status” will have on the overall visa process. The article provides an overview of the rule and the challenges non-U.S. entrepreneurs may face in meeting the rule’s requirements.

Susan Cohen was also quoted in the Bloomberg BNA article, Draft Immigration Rule Would Ease Foreign Entrepreneurs’ Entry in which she examines the investment threshold for the proposed entrepreneur rule. The article highlights key components of the rule, such as the two-fold parole period and its requirements, and offers expert insight from various attorneys on the rule’s implications.

As foreign national employees come back from summer vacations and travel abroad, one of the most overlooked immigration documents and pitfalls is Form I-94.  If Form I-94 is issued for a shorter validity period than the maximum allowed or previously approved in a visa category, the traveler will have to travel out of the country or file an extension of status by the date on the I-94.  Either option may be a burden monetarily and logistically.   Continue Reading Back to Work from Travel Abroad? Check Your Form I-94!

Today USCIS released the text of a proposed rule to be published in the Federal Register shortly, that provides temporary immigration relief to qualifying foreign entrepreneurs whose presence in the U.S. would be a public benefit to the country. Continue Reading Immigration Relief for Foreign Entrepreneurs

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa lottery process.

The first lawsuit was filed by two immigration organizations – American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) – who “teamed up” to file a lawsuit requesting information about the lottery process.

The second lawsuit is a class action filed on behalf of two companies and their employees. This lawsuit claims that the H-1B lottery process is illegal because the language of the statute does not allow for a lottery. Continue Reading Lawsuits Question Procedure and Substance of H-1B Lottery

As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016.   The fines and penalties cover Form I-9 paperwork violations, the unlawful employment of immigrant workers, certain temporary work visa programs, and immigration-related discrimination in hiring and employment. While these fines come into effect on August 1, they will be used for violations that occurred after November 2, 2015, the day the bill was signed into law.

Continue Reading Higher Immigration Penalties for I-9 and Other Violations Going Into Effect August 1, 2016

U.S. Customs and Border Protection (“CBP”) Commissioner R. Gil Kerlikowske released the agency’s summer travel tips for international travelers.

Among the tips include:

  • Passports are now required for ALL outbound international air travel
  • Complete your Customs Declaration form (6059b) before you arrive at CBP’s processing facilities
  • Double check rules on agricultural products, including fruits, vegetables, meats, dairy, and even firewood before traveling to the United States

Safe travels!

From:  Ned Help

To:  Carrie Counselor

Subject: It’s been great working with you!

Carrie:

I’m writing to inform you that I am being transferred to our Rio de Janeiro office next month for a twelve month assignment.  It’s a bit daunting, but I am confident that the help you have provided me in establishing policies and practices that will serve my interests and the interests of the company. Continue Reading Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other” nationalities. The setting of dates in these categories reflects the high demand for immigrant visas and lack of availability for prospective immigrants in these categories for the remainder of the fiscal year. We do not expect the government to move any filing dates forward until its new fiscal year begins on October 1, 2016.

Employment based All Chargeability Areas Except Those Listed CHINA-mainland born INDIA
1st C 1-Jan-10 1-Jan-10
2nd 1-Feb-14 1-Jan-10 15-Nov-04
3rd 15-Mar-16 1-Jan-10 8-Nov-04