November 2013 Visa Bulletin Released!

October 25, 2013

 

U.S. Department of State (DOS) released the Visa Bulletin for November 2013.  Most family-sponsored preference cut-off dates moved forward slightly and employment-based third preference (EB-3) and “Other Worker” categories for worldwide charges, China, and Mexico advanced to October 1, 2010.  The DOS chart offers the estimated total number of visas available for each employment preference category for FY2014, as well as the data used in determining cut-off dates for November 2013.

http://travel.state.gov/visa/bulletin/bulletin_6168.html

Are You Interested in Coming to the United States to Study?

August 30, 2013

If you are a foreign national interested in pursuing education (academic studies and/or language training programs) in the United States, F-1 student visa would allow you to do that.  F-1 international students must maintain a full course of study and demonstrate financial ability to support themselves during their stay in the United States.  Please keep in mind that the opportunities for legal off-campus employment are limited when you are in F-1 student status.   F-1 visas are adjudicated directly at the U.S. Embassy/ Consulate of the foreign national’s home country.

Prospective F-1 international student must apply to the SEVP registered school of his choosing and secure a Form I-20, as well as gather a number of other supporting documents, in order to apply for an F-1 visa at the U.S. Embassy/Consulate abroad.  Dependents of international students are issued F-2 visas that does not allow for any type of compensated employment.  However, minor children may attend public schools.  Whether you are interested in coming to the United States to attend High School, college or a language program, F-1 student visa is the nonimmigrant status to accomplish that!

Foreign Nationals Investing in the U.S.: Green Card Through Investment

August 12, 2013

Employment-based 5th preference category (EB-5) provides a method of obtaining permanent residence (green card) for foreign nationals who invest capital in the U.S. Foreign investor must invest $1,000,000 (or at least $500,000 in a "Targeted Employment Area"), creating or preserving at least 10 full-time jobs for U.S. workers, excluding the investor and his immediate family. Under the Pilot Program investment can be made directly in a job-generating commercial enterprise (new or existing), or into a "Regional Center," a third party-managed investment vehicle, which assumes the responsibility of creating the requisite jobs.

If the foreign investor's petition is approved by USCIS, the investor and his dependents will be granted conditional permanent residence valid for two years. Within 90 days prior to the expiration of the conditional permanent residence, the foreign investor must submit evidence documenting that the full required investment has been made and that 10 full-time jobs have been maintained, or 10 full-time jobs have been created or will be created within a reasonable time period.  EB-5 makes for an excellent vehicle to secure permanent residence in the U.S. for the investor and his family.

U.S. Department of Homeland Security Issues Guidance on DOMA Implementation

July 8, 2013

U.S. Department of Homeland Security (DHS) issued FAQs on the effect of the Supreme Court's ruling that Section 3 of DOMA (Defense Of Marriage Act) is unconstitutional.  U.S. citizens and lawful permanent residents in same-sex marriages can now sponsor their spouses for immigrant visas.  In evaluating the immigrant petition, USCIS will generally look to the law of the place where the marriage took place, but notes that exceptions that also consider the place of residence may be applied in individual circumstances. 

For further information read the following DHS guidance on implementation of DOMA:   http://www.aila.org/content/default.aspx?docid=44954&utm_source=AILA+Mailing&utm_campaign=5a6261b81d-AILA8_7_3_13&utm_medium=email&utm_term=0_3c0e619096-5a6261b81d-290691581

TBLO Goes Live in Central and Far East Russia!

July 3, 2013

TBLO is happy to announce going live in Central and Far East Russia this week!  We work closely with foreign business owners and investors looking to open a new business or an affiliate office in the U.S. for purposes of business expansion and to secure an immigration status for the investor and his/her family.

Please check out our new Russian website:  www.tblo.ru.

Employers: Are You Using the New Version of Form I-9 That Is Currently In Effect?

June 1, 2013

On March 8, 2013 USCIS published a revised Employment Eligibility Verification Form I-9.  All employers are required to complete a Form I-9 for each employee hired in the U.S.  Improvements to a new version of Form I-9 include new fields, reformatting to reduce errors, and clearer instructions for both employees and employers.

Effective March 8, 2013:

• Employers should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and re-verifications.
• Employers may continue to use previously accepted revisions (Rev.02/02/09) N and (Rev. 08/07/09) Y until May 7, 2013.
• After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13) N.

Employers should not complete a new Form I-9 for current employees if a properly completed I-9 is already on file.  For additional questions, see the following Q&A from USCIS on the revised Form I-9:  http://www.uscis.gov/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2013/March%202013/QAsFormI9Teleconference.pdf?goback=%2Egde_3218060_member_245420601

E-2 Treaty Investor Visa: Visa For Foreign Nationals Who Are Small Business Owners

February 25, 2013

The E visa category is based upon a treaty of friendship, commerce and navigation, or a bilateral investment treaty.  Individual companies or citizens of a qualifying country may qualify for an E-2 Treaty Investor visa.  This visa category is truly designed for a small business owner and is intended to allow foreign nationals to come to the U.S. to purchase an existing or a new business, or engage in a joint business venture.

There is no time restriction as to how long the visa may be issued for, and the foreign national may remain in the U.S. so long as the enterprise is owned by a citizen of the treaty country and the enterprise has the present and future capacity to generate income that is significantly greater than what is necessary to provide a minimal living for the foreign national investor and his family.  The size of the investment may vary from Consular Post to Consular Post.  Our office had some Consulates approve E-2 visas with an investment size as small as $75,000.  The size of the investment must be appropriate for the business type and the projected growth.