Changes to the EB-5 Investor Visa Program

 

Changes to the EB-5 Investor Visa Program

The EB-5 Reform and Integrity Act of 2022 was recently signed into law making major changes to the EB-5 Immigrant Investor Program. These changes include raising the minimum investment amount and reauthorizing the EB-5 Regional Center Program

What is an EB-5 Visa?

The EB-5 program is a visa program administered by the USCIS to allow foreign investors, their spouses, and unmarried children under 21 to become eligible to apply for permanent residence in the United States if they:

 

Invest substantial capital in order to finance a business in the United States that will provide substantial economic growth by creating at least 10 jobs.

Or

Invest in government authorized “Regional Centers”.

The second option is quite popular among investors due to the ability put money towards a regional center with a pool of other investors without having to worry about the risk of the business failing or employment problems.

Minimum Investment Requirements

The new act raises the minimum investment requirements to $1,050,000 or $800,000 if the investor chooses to invest in targeted employment areas (TEAs). 

Targeted employment areas are found in rural areas with high unemployment rates.

Regional Center Program

The EB-5 Regional Center Program lapsed in June of 2021 but was revived in March of 2022 for at least 5 years, until 2027. The goal of the EB-5 program is to simultaneously increase foreign direct investments and boost the economy by creating more jobs in the United States.

Though being a much more passive investment, the EB-5 Regional Center Program is still an investment that ultimately still leads to economic growth and job creation. A list of USCIS approved EB-5 Immigrant Investor Regional Centers can be found here.

Contact our Charlotte immigration team for more information about the EB-5 visa.

For more updates on immigration, visas, international business, and more, read out blogs here.

Temporary Protected Status For Ukrainians in the US

 Temporary Protected Status For Ukrainians in the US

Last week, the US Department of Homeland Security (DHS) announced the designation of Temporary Protected Status (TPS) for Ukraine, specifically Ukrainian nationals living in the United States. The Temporary Protected Status lasts for 18 months at which time, the DHS will have the choice to either extend the TPS or redesignate Ukraine.

The decision to designate Ukraine as a Temporary Protected Status comes after the Russian invasion of Ukraine. The goal of the TPS is to protect Ukrainian nationals in the US from having to leave and go back to Ukraine.

To qualify for the Temporary Protected Status, Ukrainian nationals must have continuously resided in the US as of March 1st, 2022. Ukrainian nationals who arrived in the US after March 1st or were not living in the US continuously, are not eligible for TPS.

Ukrainian nationals who receive TPS must also apply to the US Citizenship and Immigration Services within 180 days. They are also able to apply for Employment Authorization Documents (EADs) which would allow them to work in the United States lawfully.

“Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries,” said Secretary Alejandro Mayorkas, the Secretary of the Department of Homeland Security.

For a country to be designated for Temporary Protected Status, the country’s conditions must fall into at least one of the three following situations: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.

To learn more about topics related to international business, law, immigration, current events, and more, check out our other blogs.

New Automatic Extension of Employment Authorization for E-visa Dependent Spouses

 

New Automatic Extension of Employment Authorization for E-visa Dependent Spouses

 

USCIS policy alert from November 12, 2021, states that the employment authorization procedure for E and L nonimmigrant dependent spouses will become automatic.

 

What does this change mean?

 

USCIS will consider E and L dependent spouses to be employment authorized for the duration of their valid E or L status, which is determined by the visa holder’s I-94.

Significance of the I-94 “Admit Until Date”

 

The “Admit until Date” on the I-94 determines the duration of the valid E or L status, not the expiration date listed on the E or L visa. The “admit until date” is the date the visa expires. Visa holders are not authorized to work beyond the “admit until date” on their I-94 without extension or application to change status.

 

Significance of the E-Visa Expiration Date

 

The expiration date listed on the E or L visa is the last day that the visa holder may travel to a port-of-entry in the United States.

 

When will the change, which grants E and L visa dependent spouses employment authorization incident to status, take place?

 

This change will take place once the Department of Homeland Security revises the Forms I-94 evidencing nonimmigrant status so that E and L dependent spouses are distinguished from E and L dependent children on the face of the document. The revised Form I-94 will contain a notation indicating that the bearer is an E or L dependent spouse.

 

Interim Measures

 

The guidance released by USCIS on November 12, 2021 is effective immediately.

 

Until the USCIS revises the I-94 to delineate between dependent spouses and dependent children, is there an automatic extension for E and L dependent spouses?

 

Yes. Until the USCIS revises the I-94 to delineate between dependent spouses and dependent children, the automatic extension of employment authorizations for E and L dependent spouses will at the earlier of three dates:

• the “Admit Until Date” on the visa holder’s I-94, since this indicates the end of the visa holder’s valid nonimmigrant status;
• the approval or denial of the EAD renewal application; or
• 180 days from the expiration of the previous EAD.

 

What papers can I present to prove employment authorization until the USCIS revises the I-94 for Form I-9 purposes?

           

            The following combination of documents is sufficient to prove employment authorization:

(1) an unexpired Form I-94;

(2) a Form I-797C (Notice of Action) showing a timely-filed EAD renewal application in the (a)(17) or (a)(18) categories; and

(3) a facially expired EAD under the same category.

If you have further questions, please email caitlin.becker@bridgehouse.law

or call (980) 219-5200.

Land and Ferry Travelers to the US No Longer Need to Present a Negative COVID-19 Test to Enter

 

Land and Ferry Travelers to the US No Longer Need to Present a Negative COVID-19 Test to Enter

The US Department of Homeland Security (DHS) has announced a minor change to travel restrictions regarding land travel and ferry ports of entry. 

In December, the DHS announced that they would restrict land and ferry travel to only vaccinated travelers, individuals under the age of 18 or lawful US residence could enter the United States by land or ferry. This announcement made it so that unvaccinated essential travelers were no longer allowed to enter the United States. You can read more on that in our previous blog. 

All vaccinated travelers, individuals under the age of 18, and lawful US residents were also required to show proof of a negative COVID-19 test.

New Announcement 

Now, the Department of Homeland Security has announced that individuals entering the United States via land or ferry are no longer required to show proof of a negative COVID-19 test. They only need to present proof of vaccination.

This announcement will surely make it easier for travelers to enter the US through land or ferry by allowing them to save time not having to take a test before entering. This new announcement only applies to land and ferry travel for not, but it may set a precedent for how air travelers will be able to enter the United States in the near future.

Check out more of our blogs for news on international business, law, travel, and more.

H-1B Visa Denials Dropped In 2021

 

H-1B Visa Denials Dropped In 2021

H-1B Visa application denial rates have dropped significantly in 2021 with only 4% of applications being denied. This was down from a denial rate of 13% in the year before.

The H-1B visa is an employment-based, temporary work, non-immigrant visa. This visa offers companies the opportunity to bring highly skilled, credentialed foreign citizens into the U.S. for employment in a specialty occupation for up to 6 years. After the H-1B expires, the visa holder can reapply.

The company, as the employer, must sponsor the H-1B applicant. These visas are only available for a short period, so the sponsors and applicants must be ready to apply within the allocated window. The list of H-1B occupations is broad, but some level of knowledge and at least a bachelor’s degree or its equivalent is required. Some examples of these specialty occupations include:

• Engineers
• Accountants
• IT Professionals
• Architects
• Educators

And many more.

H-1B Visa Application

The sponsoring employer must submit a Labor Conditions Approval (LCA) to the Department of Labor and register for the H-1B lottery if the application is subject to the H-1B cap. Once the LCA is approved and if the application is selected in the lottery (if necessary), the employer will submit a Form I-129 to USCIS, along with required fees, documentation, and the applicant’s resume and work qualifications.

On March 1st, 2022, the USCIS will begin to accept H-1B Visa applications for the 2023 fiscal year. The 2023 fiscal year begins on October 1st, 2022.

Fees

A general list of H-1B fees include:

• Registration fee – $10
• Base filing fee – $460
• ACWIA fee (for employers with 25 or fewer full-time employees) – $750 OR ACWIA fee (for employers with 26 or more full-time employees) – $1,500
• Fraud Prevention and Detection fee – $500
• Public Law 114-113 fee (only for companies with over 50 employees where more than half of the employees are under H-1B/L1 status) – $4,000
• Premium Processing fee (optional) – $2,500

Obtaining an H-1B visa is often confusing and difficult for the applicant, as well as the employer sponsor. At BridgehouseLaw, we make that process easier by guiding the sponsor every step of the way through the application process. If you would like help in filing for an H-1B, contact us! We would be happy to help.

The Department of Homeland Security Has Announced Tighter Travel Restrictions for 2022

 

The Department of Homeland Security Has Announced Tighter Travel Restrictions for 2022

The US Department of Homeland Security (DHS) has announced that they will tighten COVID-19 travel restrictions on travelers from Mexico and Canada at land ports of entry (POEs) and ferry terminals. 

As you can read about in our last article about the November 8th travel policy, the only ways for individuals to enter the United States by land or ferry were to be:

• Under the age of 18 (under the required age to be vaccinated)
• A US citizen or hold a permanent US resident
• A fully vaccinated traveler as described here
• Or an essential traveler, which included persons on diplomatic or official foreign government travel, persons traveling to the US for public health/infrastructure purposes, and more.

In January, the DHS plans on removing unvaccinated essential travelers from the list making it so that only individuals under the age of 18, US citizens/permanent residents, and vaccinated travelers can enter the United States via land and ferry.

Even for essential purposes, unvaccinated travelers over the age of 18 and who aren’t permanent residents will not be able to cross the border into the United States.

There is no official start date for this policy as of yet. We will update you once the start date is announced.

Manufacturing SMEs are Among the Hardest Hit by the Supply Chain Problems

 

Manufacturing SMEs are Among the Hardest Hit by the Supply Chain Problems

All across the world over the last several months, supply chain problems have hit many industries hard. Some of the most famous examples of this include Chick-Fil-A being short on sauces and Wingstop running low on chicken wings. But those are just a couple of examples. What’s not making news are the thousands of SMEs that are not receiving their supplies.

SMEs stand for small and mid-sized enterprises. There are over 30 million SMEs in the US, making up over 99% of all US businesses. SMEs also employ almost 50% of America’s total workforce. 

Small to mid-sized enterprises are the ones who are hit the hardest by the supply chain issues, and most of all, manufacturing businesses. Studies have shown that nearly 50% of manufacturing SMEs will have to find new supply chain options within the next six months and many are having difficulties finding alternative suppliers.

Why is this happening to SMEs?

The supply chain is affecting most industries and businesses that rely on receiving supplies from outside sources. Even the big businesses are being affected by this, but, unlike small businesses, large corporations have more means to get around these issues, including using air freight and seemingly unlimited capital to make up for it. 

SMEs, especially small manufacturing businesses do not have this option and are getting pushed farther and farther back on the priority list.

This isn’t just happening in the US either. All across the EU and UK, small to mid-sized businesses are struggling to get their supplies.

The supply shortages combined with labor shortages, inflation, and the pandemic have all taken a toll on these businesses.

The US Federal Government is trying to identify and solve supply chain issues. The Federal Trade Commission has ordered major wholesale and retail corporations to share their supply chain data. A few of those corporations include Amazon, Proctor & Gamble, and Walmart. The FTC’s goal is to dissect the data to find the problems and hopefully the solution to the supply chain crisis.

Read more of our blogs for up-to-date information about international business, law, and much more!

The US Restricts Travel from Several African Countries After a New Covid Variant is Discovered

 

The US Restricts Travel from Several African Countries After a New Covid Variant is Discovered

The United States has imposed travel restrictions on eight African countries starting on Monday, November 28, 2021, because of a new Covid variant.

The new variant is the Omicron variant. It was first discovered in South Africa and is said to be a potentially more transmissible variant. The World Health Organization has classified the Omicron variant as a “variant of concern”.

Along with the United States, Canada, the United Kingdom, the European Union, Japan, and more have all announced travel restrictions on the African countries. Those countries include:

• South Africa
• Botswana
• Zimbabwe
• Namibia
• Lesotho
• Eswatini
• Mozambique
• Malawi

Cases of the Omicron variant have been confirmed outside of Africa in Belgium, Canada, Israel, Italy, Germany, and Hong Kong.

It is still unclear how the variant will affect vaccinated individuals. President Biden’s Chief Medical Officer, Dr. Fauci says that it will take about two weeks to figure out if the Omicron variant is resistant to the current Covid vaccines.

South Africa’s Response

South African’s President, Cyril Ramaphosa has publicly expressed disappointment in and criticized the countries that have imposed travel restrictions on South Africa. He claims that the travel restrictions are an “unjustified departure from the commitment that many of these countries made at that meeting of the G20 countries in Rome last month”

President Ramaphosa went on to state that the “restrictions are completely unjustified and unfairly discriminate against our country and our southern African sister countries. The prohibition of travel is not informed by science, nor will it be effective in preventing the spread of this variant. The only thing the prohibition on travel will do is to further damage the economics of the affected countries and undermine the ability to respond to and also to recover from the pandemic.”

It is still unclear how long the US travel restrictions will last, but we will keep you updated with the latest travel restriction news. Follow along with our blog for more.

H-1B & L-1 Visa Holders Spouses are Soon to Get Automatic Employment Extension Authorization

 

H-1B & L-1 Visa Holders Spouses are Soon to Get Automatic Employment Extension Authorization

Before we get started, let’s break down the visas that we are going to talk about in this article.

• L-1A & L-1B visas are issued to temporary intracompany transferees who work in management positions or have special knowledge.
• L-2 visas are reserved for dependents of an L-1 visa holder. This includes spouses and unmarried children under the age of 21.
• The H-1B visa is a non-immigrant work visa issued to specialized workers from outside the US. An H-1B visa is generally given to a foreign worker if the US company cannot find an American citizen who can adequately fill the role. The job position requires either a higher education degree or a specialized skill that is commonly possessed. (Examples include doctors, lawyers, and IT specialists)
• H-4 visas are reserved for dependents of an H-1B visa holder. This includes spouses and unmarried children under the age of 21.

The Case

The Times of India reported that a settlement agreement was issued on November 10, 2021. The plaintiffs in this class action case were 15 spouses of L-1 and H-1B visa holders. Before this, spouses of L-1 and H-1B visa holders were waiting typically 10 or more months to get employment authorization to work in the US. The wait was due to a backlog in processing employment authorization documents (EADs).

This caused many L-2 and H-4 visa holders to not be able to work once they got to the US, even if they already had jobs lined up.

H-4 visa holders could only file for an EAD six months before leaving for the US, causing the spouses to not be able to get their authorization before entering the US.

Now, under the settlement, H-4 visa holders who file their EAD renewals in a timely manner will qualify for an extension of up to 180 days.

L-2 visa holders will also receive automatic work authorization in the US.

This lawsuit is backed by the American Immigration Lawyers Association (AILA).

Contact us to speak with a BridgehouseLaw attorney regarding employment visas.

Greenpeace Germany Sues Volkswagen for Failing to Help Stop Climate Change

 

Greenpeace Germany Sues Volkswagen for Failing to Help Stop Climate Change

Volkswagen, the famous German car manufacturer, has been sued in a German court by Clara Mayer, an environmental activist and the heads of Greenpeace Germany. Volkswagen is being accused of not doing enough to combat climate change.

Mayer and Greenpeace Germany gave Volkswagen a list of demands before filing the lawsuit. One demand was to terminate the production of internal combustion engine cars by 2030. They are also demanding a reduction of Volkswagen’s carbon emissions by at least 65% from their 2018 numbers until 2030.

Volkswagen was given eight weeks to consider the demands and the auto manufacturer promptly rejected them.

A Volkswagen spokesperson told Reuters that “Volkswagen stands for climate protection and decarbonizing the transport sector, but it cannot tackle this challenge alone,” and “The task of designing appropriate measures belongs to Parliament. Civil court disputes through lawsuits against singled-out companies are not the place or way to do justice to this task of great responsibility.”

Similar Cases

A similar lawsuit was filed in September by the heads of the German environmental organization Deutsche Umwelthilfe. The lawsuit was filed against other German car manufacturers, BMW and Daimler. Both companies were given similar demands to Volkswagen, and both also rejected the demands.

The Greenpeace Germany lawsuit draws from two recent climate cases in Germany. The first was a ruling in May 2020 that Germany was failing to protect future generations from climate change and its consequences. The second ruling was when a Dutch court ordered the oil company; Royal Dutch Shell PLC (Shell) to reduce its CO2 emissions. It was a landmark climate case and was the first time a court has ordered a company to reduce emissions or face consequences.

Volkswagen announced back in June that they will phase out of internal combustion engine vehicles in Europe by 2035.