By creating a new commercial enterprise in the U.S., an investor may obtain conditional residence.  The venture must fill no fewer than 10 full time newly created positions for U.S. citizens, permanent residents, or other persons with employment authorization.  The investor needs to demonstrate management skills by hands-on oversight and active engagement in every aspect [...]

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The H-1B applicant enters the U.S. as a specialty worker or professional for a temporary time period unlike the job creation investors’ visas that ultimately become permanent residents.  Dual intent is allowed for the H-1B as it is not necessary to prove an address abroad.  The H-1B visa holder may have both a short term [...]

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The National Research Council recently reported that immigration restrictions on the admission of special skilled immigrants as scientists, engineers and technologists are hurting the development of useful and profitable technologies here.  President-Elect Obama has stated that comprehensive immigration reform to encourage skilled workers to enter and remain in the U.S. is imperative.   For example, in [...]

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For H-2A the proposed new regulations provide: 1. Extension from 10 -30 days are now to be allowed after the H-2A expires. 2. Reduces to 3 months from 6 months H-2A worker’s requirement to remain outside the U.S. after the previous H-2A expires. 3. Enables an H-2A worker to change from one H-2A employer to [...]

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Individual migrants from abroad working in the U.S. have invented one-fourth of the patent applications in the U.S. in the past years. A recent respected Foundation Report shows immigrants in this period creating 25% of all technology companies in the U.S. These companies now employ over 450,000 workers here.A leading academic from Harvard University has [...]

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E and L Spouses do not require permission to work. However, they may obtain an Employment Authorization Document (EAD) if they choose to apply for one. When going to a Social Security Office, the spouse must submit his/her marriage certificate to get the social security card. If you need help or advise, call us at [...]

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H’s and L’s who have applied for adjustment of status for permanent residence do not under new rules have to present a receipt of their adjustment of status applications on returning to the U.S. from abroad. H-1’s include specialty occupations, and specialty registered nurses; L-1’s include executive and managerial intra-company transferees as well as specialized [...]

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