Wednesday, August 2nd, 2017

THE E1 VISA ADVANTAGE

THE E1 VISA ADVANTAGE by Kyle J Barella, Esq & Orlando Ortega-Medina, Esq Options for foreign nationals wishing to open a business in the United States are often limited by the need to invest a significant amount of capital to meet stringent immigration requirements. The EB5 category, for example, requires a minimum investment of $500,000 

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Friday, February 5th, 2016

Myths Associated with the EB-5 Immigrant Investor Visa

Myths Associated with the EB-5 Immigrant Investor Visa by Kyle J. Barella, Esq. As a full-service EB-5 immigration law firm, we frequently receive enquiries from prospective immigrant investors who have been misinformed regarding the EB-5 program requirements and eligibility.  Unfortunately, the misinformation they receive often comes from retaining an inexperienced EB-5 immigration lawyer or consulting 

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Wednesday, February 3rd, 2016

Myths Associated with Arrests, Cautions and Convictions

Myths Associated with Arrests, Cautions and Convictions By Orlando Ortega-Medina, Esq. Myth 1: “Our employee has a criminal record. He is therefore required to apply for a visa before travelling to the United States.” The Reality:  It depends on the record. This myth most commonly arises in relation to Question B on the Electronic System 

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Thursday, June 19th, 2014

Social Security Administration no longer requires waiting period for Employment-based Visa SSNs

Social Security Administration no longer requires waiting period for Employment-based Visa SSNs Until now, the Social Security Administration (“SSA”) required nonimmigrants (e.g., H, L and E visa holders) to wait 10 days after entering the United States before applying for a Social Security Number. The waiting period was intended to provide Customs and Border Protection 

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Thursday, June 19th, 2014

USCIS to Begin Unannounced L-1A site visits

USCIS to Begin Unannounced L-1A site visits During a 24 April 2014 stakeholders teleconference, USCIS stated that L1 site inspections are to begin in the near future. Initially, inspections of L visa sites will only be triggered when an employer files for an extension of status for an L-1A employee. USCIS will randomly select employer 

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Monday, June 9th, 2014

CBP Website Now Allows Nonimmigrants to Access 5 years of Arrival/Departure Records

CBP Website Now Allows Nonimmigrants to Access 5 years of Arrival/Departure Records The new CBP website allows nonimmigrant travelers to access arrival/departure records going back five years from the request date. This means that travelers may no longer need to file FOIA requests to have their arrival/departure history, speeding up the processing of other FOIA 

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Thursday, May 1st, 2014

Allowable Business Activities under VWP versus Special Business Concession Visa

Allowable Business Activities under VWP versus Special Business Concession Visa Author: Orlando Ortega-Medina, Esq. (Originally published on 11 October 2010; Revised 30 April 2014) One of the questions that our law firm receives most often from our business clients is, “What constitutes a proper business activity under the visa waiver program?”  This question is most 

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Monday, March 10th, 2014

DOS Policy Change re Transmission of Immigration Benefits to Children Born Abroad through Artificial Reproductive Technology (ART)

DOS Policy Change re Transmission of Immigration Benefits to Children Born Abroad through Artificial Reproductive Technology (ART) New DOS guidance confirms that USC “gestational mothers,” i.e., mothers who give birth to a child outside the USA as the result of ART, and who are recognized as the legal parent in the country of birth, but 

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Monday, March 10th, 2014

Statistics on L-1B RFEs and Denials for 2012 and 2013

Statistics on L-1B RFEs and Denials for 2012 and 2013 Statistics on L-1B RFEs and Denials for 2012 and 2013. 2012: RFE rate, 46%; RFEs resulting in denials, 70%. 2013: RFE rate, 47%; RFEs resulting in denials, 75%. The VSC had a higher rate of approvals than the CSC in both years


Monday, March 10th, 2014

USA/Israel E2 agreement ratified by the Israeli government

USA/Israel E2 agreement ratified by the Israeli government USA/Israel E2 agreement has now been ratified by the Israeli government, as reported by AILA. Due to the current strikes at the Israel Ministry of Foreign Affairs, confirmation of the decision will be published upon conclusion of the strike. Following this, AILA expects that the Israeli procedural 

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