USCIS announced that the Special Immigrant Visa Program (SIV) for Iraqi nationals who worked for or on behalf of the U.S. government was extended. The program had previously expired for principal applicants on September 30, 2013.
Iraqis who worked for or on behalf of the U.S. government between March 20, 2003 and September 30, 2013, and were employed for a minimum of one year, qualify for the SIV program. The ability to grant derivative SIV status to spouses and children of principal SIV Iraqis did not sunset on September 30, 2013 and is not numerically capped.
The extension allows USCIS to approve petitions and applications for visas or adjustment of status to lawful permanent resident in any Iraqi SIV case falling under section 1244 of Public Law 110-181 that were pending before the USCIS or Department of State when the program expired on September 30, 2013.
Furthermore, the USCIS is authorized to approve an additional 2,000 Iraqi SIV cases as long as the initial applications to the DOS Chief of Missions in Iraq are made by December 31, 2013.
Wednesday, November 13, 2013
Government Shutdown and H-1B, H-2A, and H-2B Filings
The USCIS recently announced that if an H-1B, H-2A, or H-2B petitioner for an extension of stay or change of status submits evidence that the primary reason for failure to timely file said extension or COS was the government shutdown, the USCIS will consider the shutdown an extraordinary circumstance and excuse the late filing so long as the petitioner meets all other applicable requirements.
Saturday, November 9, 2013
New EB-5 Regional Center Announced for Florida
USCIS has announced a new Regional Center established in the state of Florida: CMB Southeast Regional Center, LLC.
A Regional Center is defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. For a Regional Center to be created, the organizers must show through proper evidence:
A Regional Center is defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. For a Regional Center to be created, the organizers must show through proper evidence:
- How the regional center plans to focus on a geographical region within the United States. The proposal must explain how the regional center will promote economic growth in that region.
- 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 regional center and the promotional efforts made and planned for the business project.
- How the regional center will have a positive impact on the regional or national economy.
It is important to note that the USCIS' designation of a business as a Regional Center in no way ensures that an EB-5 investor is guaranteed unconditional permanent resident status by way of his/her investment into the Regional Center. The requirements to obtain such status by way of investing in a Regional Center are the same as an EB-5 investor creating or investing in a non-Regional Center business.
As always, it is important to consult with an immigration attorney to determine what due diligence should be completed before investing and to ensure that the investor meets all the elements required by the law.
Friday, November 8, 2013
Temporary Protected Status Extended for Somalis Until September 17, 2015
The Department of Homeland Security has extended Temporary Protected Status (TPS) for eligible Somalis until September 17, 2015, effective March 18, 2014. Current beneficiaries seeking to re-register must do so during the re-registration period running from November 1, 2013 until December 31, 2013. Any Somali seeking initial registration during this period must meet the requirements for filing late as specified by the Dept. of Homeland Security.
The 18-month extension allows TPS re-registrants to apply for an Employment Authorization Document (EAD). Those Somalis eligible for EAD and who apply during the 60-day re-registration period will receive a new EAD that will expire on September 17, 2015. Re-registrants who apply for the TPS extension who do not want an EAD will not have to pay the EAD costs, but are required to file an I-765.
Remember, to qualify for re-registration an applicant must have been continuously physically present in the U.S. since September 18, 2012, and have been continuously residing in the U.S. since May 1, 2012.
The Department of Homeland Security has extended Temporary Protected Status (TPS) for eligible Somalis until September 17, 2015, effective March 18, 2014. Current beneficiaries seeking to re-register must do so during the re-registration period running from November 1, 2013 until December 31, 2013. Any Somali seeking initial registration during this period must meet the requirements for filing late as specified by the Dept. of Homeland Security.
The 18-month extension allows TPS re-registrants to apply for an Employment Authorization Document (EAD). Those Somalis eligible for EAD and who apply during the 60-day re-registration period will receive a new EAD that will expire on September 17, 2015. Re-registrants who apply for the TPS extension who do not want an EAD will not have to pay the EAD costs, but are required to file an I-765.
Remember, to qualify for re-registration an applicant must have been continuously physically present in the U.S. since September 18, 2012, and have been continuously residing in the U.S. since May 1, 2012.