The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by immigrant investors by creating a new commercial enterprise or investing in a troubled business. There are 10,000 EB-5 immigrant visas available annually. In 1992 and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

There are two distinct EB-5 pathways for an immigrant investor to gain lawful permanent residence for themselves and their immediate family—the Basic Program and the Regional Center Pilot Program. Both programs require that the immigrant make a capital investment of either $500,000 or $1,000,000 (depending on whether the investment is in a Targeted Employment Area [TEA] or not) in a new commercial enterprise located within the United States. TEA is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”

The new commercial enterprise must create or preserve 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident (CPR).

I want to invest $500,000.00 in an area, but there is no regional center there. How long does it take for a regional center to be established in the mid-America?

What are the requirements for me and my company to meet to get my permanent status?

The target case processing time is four months for new regional center proposals and for amended regional center proposals for approved regional centers.

A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. The organizers of a regional center seeking the regional center designation from USCIS must submit a proposal showing:

* How the regional center plans to focus on a geographical region within the United States, and must explain how the regional center will achieve economic growth within this regional area;
* That the regional center’s business plan can be relied upon as a viable business model stating market conditions, project costs, and activity timelines;
* How in verifiable detail (using economic models in some instances) jobs will be created directly or indirectly through capital investments made in accordance with the regional center’s business plan;
* The amount and source of capital committed to the project and the promotional efforts made and planned for the business project.

When making an investment in a new commercial enterprise affiliated with a USCIS-designated regional center under the Regional Center Pilot Program, an immigrant investor may satisfy the job creation requirements of the program through the creation of either direct or indirect jobs. Notably, an immigrant investing in a new commercial enterprise under the Basic Program may only satisfy the job creation requirements through the creation of direct jobs.

* Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
* Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor.

How long does it take for me to immigrate to America once I apply for EB-5 immigration visa?

What’s the requirement? What document do I need to provide?

I have a 22-year old son and a 17-year old daughter. Can both of them come to the U.S. once my immigration status application is approved? If my 22-year old cannot come with me, how long will it take for him to come to the U.S.?

Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step self-petitioning process. The target case processing time is five months for Forms I-526 and I-829.

* First, a successful applicant must obtain approval of his or her Petition for an Alien Entrepreneur (Form I-526).
* Second, he or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and their derivative family members) is granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.
* Third, a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved by USCIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States.

The processing time for these filings is of approximately five to six months.

Please note that the Application for Regional Center under the Immigrant Investor Program (Form I-924) effective is effective Nov. 23, 2010, and the filing fee is of $6,230.

Where can I find more information about this program?

To learn more about the EB-5 immigrant investor program, please refer to these links:

* EB-5 Immigrant Investor
* Immigrant Investor Regional Centers, www.uscis.gov/eb-5centers
* EB-5 Inquiries

You may also visit http://www.uscis.gov/ or call 1-800-375-5283.

– - – - posted by USCIS Blog Team.

Office of the Spokesman – U.S. Department of State  
Washington, DC

The U.S. Embassy in Beijing, along with four U.S. consulates general across China, is opening on Saturdays over the next few weeks to accommodate thousands of Chinese travelers seeking visas to visit the United States.
Trade, commerce, people-to-people exchanges, and tourism between China and the United States have grown dramatically over the past couple years. In 2009, U.S. consulates in China issued more than 487,000 visas to Chinese travelers.

Sixty-six percent of these visas were for business and tourism. Growth in 2010 has been even more dramatic. China’s 2010 visa load is up 28 percent over the same period last year. “We’re excited about the extraordinary growth in visa demand in China and what it means for our countries’ deepening economic and interpersonal relationship,” said Janice Jacobs, Assistant Secretary of State for Consular Affairs. “We
expect this trend to continue and are actively increasing staffing in our Embassy and consulates.

We also introduced new technologies to improve our efficiency while providing more convenient procedures for applicants.” “While we’re pleased about increased Chinese interest in traveling to the United States, we are not pleased by the increased wait times for a visa appointment,” observed U.S. Ambassador to China Jon Huntsman, Jr.

“We applaud the efforts of our Consular staff and the Bureau of Consular Affairs to think creatively and boost resources to help clear the backlog. I witnessed our team’s dedication when I visited the Consular Section last week.”

Pictures of the Ambassador’s visit can be found at
http://www.flickr.com/photos/44740126@N07/sets/72157624103373931/

More information on applying for visas in China and the Super Saturday Visa program can be found on Travel.State.gov.

Media inquiries may be sent to CAPRESSREQUESTS@state.gov

For the past few months, the U.S. Department of Homeland Security,
Citizenship and Immigration Services (”CIS”) has conducted an
investigation program aimed at visiting H-1B petitioner worksites
throughout the U.S. These site visits began as part of the CIS’ goal to
decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS’ Office of Fraud Detection and National Security (”FDNS”), published this past September. According to the FDNS’ findings, as many as one in five H-1B applications were affected by either fraud or “technical violations” of the H-1B program.

Why should employers care? Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee or other employees presently on site. Any inconsistencies found can mean big trouble for employers.

FDNS has indicated that it does not need a subpoena in order to complete
the site visit because USCIS regulations governing the filing of
immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. However other sources say that employers are not required to give in to the investigators’ demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. CIS has indicated that attorneys can be present during an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit. Attorneys may be present via telephone in these circumstances.

Some common questions that have been raised by employers include: “how are companies selected to be investigated,” “if I am visited, should I be concerned,” “what type of violations are the investigators looking for,”
and “how can I prepare for a site visit from a CIS/FDNS investigator?” To
address these issues in order, firstly any employer who has filed an H-1B
petition can be subject to a site visit. While CIS claims the employers
are chosen at random, close to 40,000 employers’ names have been selected for site visits. Some factors that may have been taken into consideration when selecting these 40,000 employers include: companies with less than 15 employees; companies with less than $10 million in sales; companies less than 10 years old; accounting, HR, business analyst, sales and advertising positions; and petitions where the beneficiary merely had a bachelor’s degree, not an advanced degree.

If your company is visited and your records are in order, you have nothing to worry about. Generally speaking employers are aware of inconsistencies before any investigative agency may catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case may be referred to U.S. Immigration and Customs Enforcement (ICE), or the Department of Labor (DOL) for further investigation depending on the offense. This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.

The objective of the unannounced on-site visits is clear: to detect fraud
and abuses of the visa program. According to USCIS, the offenses range
from technical violations to outright fraud, with the most common
violation being the non- payment of a prevailing wage to the H-1B
beneficiary. More specifically, the investigators may be looking for the
following types of violations: job location not listed on the H-1B
petition and/or LCA; H-1B worker not receiving the required wage;
fraudulent H-1B documents or H-1B worker credentials; non-existent
business or office location; job duties significantly different from those
listed on H-1B petition/LCA; misrepresentation of H-1B status by the H-1B
worker (e.g., had been terminated from previous H-1B position prior to new employer H-1B being filed); and H-1B worker paid the $1500 ACWIA fee.

How can you prepare yourself and your company for a possible site visit?
Step one is to ensure that you have Public Access Files (PAF) for each
H-1B worker, and that the PAF documents are accurate and up to date. In
general, it is a good idea to review and audit your H-1B/LCA records to
make sure everything is in order and all information is readily available.
Designate a specific individual at each H-1B worker location to meet the
investigator should he/she arrive. Prepare a quick list of facts about the
company and also a listing of H-1B workers, work locations, title and
salary information so you don’t need to search frantically for this
information while the investigator is there. If you are not sure what a
PAF is, or if you’d like to have your documents reviewed by legal counsel,
you may contact our office at the number or e-mail below.

Learn more About Nachman & Associates, P.C. When traditional immigration  approaches do not work, our skilled legal team offers many visa options to meet your immigration goals. Please feel free to contact us at any of our office locations, and speak to an associate in one of our 12
languages spoken, including: Spanish, French, Japanese, Korean, Slovak,
Czech, Polish, Tagalog, Italian, Russian, Chinese, and German.

To meet a growing demand for Canadian immigration from the United States, in 2005 Nachman & Associates formed a Canadian Division, managed by licensed Canadian legal staff. With offices in Montreal, and Toronto, Canada (as well as in New York and New Jersey in the U.S.) our Canadian Division attorneys are in the unique position to assist with cross-border issues. If you, or any member of your staff, are interested in receiving more information about U.S. and/or Canadian Immigration options, please contact our offices at 201-670-0006 (x100) or e-mail to us at info@visaserve.com.

Website: http://www.visaserve.com
Nachman & Associates, P.C.
David H. Nachman, Managing Attorney
email: david_nachman@visaserve.com

phone: 201-670-0006 ext. 100

Article Source: http://EzineArticles.com/?expert=David_Nachman

Why should employers care?

Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee. Any inconsistencies found can mean big trouble for employers.
Presently CIS has turned over the names of close to 40,000 companies across the US for investigative action via unannounced site visits.

For more information about these H-1B site visits, as well as helpful tips to prepare employers for these visits, please click on our Firm’s website at www.visaserve.com.

Article:

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services (”CIS”) has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS’ goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS’ Office of Fraud Detection and National Security (“FDNS”), published this past September. According to the FDNS’ findings, as many as one in five H-1B applications were affected by either fraud or “technical violations” of the H-1B program.

Why should employers care?

Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee or other employees presently on site.

Any inconsistencies found can mean big trouble for employers. FDNS has indicated that it does not need a subpoena in order to complete the site visit because USCIS regulations governing the filing of immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions.

However other sources say that employers are not required to give in to the investigators’ demands without a subpoena.

What to do?

Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. CIS has indicated that attorneys can be present during an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit.

Attorneys may be present via telephone in these circumstances.

Some common questions that have been raised by employers include: “how are companies selected to be investigated,” “if I am visited, should I be concerned,” “what type of violations are the investigators looking for,” and “how can I prepare for a site visit from a CIS/FDNS investigator?”
To address these issues in order, firstly any employer who has filed an H-1B petition can be subject to a site visit. While CIS claims the employers are chosen at random, close to 40,000 employers’ names have been selected for site visits.

Some factors that may have been taken into consideration when selecting these 40,000 employers include: companies with less than 15 employees; companies with less than $10 million in sales; companies less than 10 years old; accounting, HR, business analyst, sales and advertising positions; and petitions where the beneficiary merely had a bachelor’s degree, not an advanced degree.

If your company is visited and your records are in order, you have nothing to worry about. Generally speaking employers are aware of inconsistencies before any investigative agency may catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case may be referred to U.S. Immigration and Customs Enforcement (ICE), or the Department of Labor (DOL) for further investigation depending on the offense.

This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.
The objective of the unannounced on-site visits is clear: to detect fraud and abuses of the visa program. According to USCIS, the offenses range from technical violations to outright fraud, with the most common violation being the non-payment of a prevailing wage to the H-1B beneficiary.

More specifically, the investigators may be looking for the following types of violations: job location not listed on the H-1B petition and/or LCA; H-1B worker not receiving the required wage; fraudulent H-1B documents or H-1B worker credentials; non-existent business or office location; job duties significantly different from those listed on H-1B petition/LCA; misrepresentation of H-1B status by the H-1B worker (e.g., had been terminated from previous H-1B position prior to new employer H-1B being filed); and H-1B worker paid the $1500 ACWIA fee.

How can you prepare yourself and your company for a possible site visit?

Step one is to ensure that you have Public Access Files (PAF) for each H-1B worker, and that the PAF documents are accurate and up to date. In general, it is a good idea to review and audit your H-1B/LCA records to make sure everything is in order and all information is readily available. Designate a specific individual at each H-1B worker location to meet the investigator should he/she arrive.

Prepare a quick list of facts about the company and also a listing of H-1B workers, work locations, title and salary information so you don’t need to search frantically for this information while the investigator is there. If you are not sure what a PAF is, or if you’d like to have your documents reviewed by legal counsel, you may contact our office at the number or e-mail below.

About Nachman & Associates, P.C.

The Business and Corporate Immigration Attorneys at our Firm have focused their practice, for over a decade and a half, on assisting companies that employ highly-skilled foreign nationals in visa applications. We serve our clients’ business objectives. A natural extension of that service is counsel that helps the client to avoid the disruption and expense of ICE audits, recent CIS actions and the consequences of being found to be out of compliance with any number of regulations related to immigration and employment.

Our Business Immigration Attorneys can organize and conduct a review of records, assist in establishing procedures to reduce exposure to liability, and participate in training of managers to comply with the numerous requirements imposed by the US Department of Homeland Security.

Contact us for more information: Website: http://www.visaserve.com
Phone: 201-670-0006

E-mail: info@visaserve.com