News and Recent Developments:

EB-5 Regional Center Pilot Program extended through September 30, 2009

With the signing of H.R. 1105 "Fiscal 2009 Omnibus Appropriations Bill" into law, the EB-5 Regional Center Pilot Program has been extended through September 30, 2009. With this extension, applicants for immigrant visas under the EB-5 immigrant investor category, who are affiliated with "regional centers" can continue to file their I-526 immigrant petitions and I-485 applications for permanent residence up through the new deadline. (Note: applicants under the EB-5 immigrant visa category, who are not applying through a "regional center", are not affected by September 30, 2009 deadline and can continue filing their applications past this deadline).

The EB-5 Regional Center Pilot Program was originally created in 1992 to attract immigrant investment in defined geographic area as a catalyst for economic growth. "Regional centers" are commercial enterprises which have received U.S.C.I.S. approval for accepting immigrant investment for the purpose of promoting economic growth in defined geographic areas. The object of a "regional center" is to pool immigrant investment for targeted investment so as to have a greater economic impact.

Foreign individuals with the requisite net worth who make a minimum investment of $1 million in most parts of the U.S. and $500,000 for certain areas with high unemployment, can qualify for permanent residence in the U.S.. Generally, such immigrant investors have to show at least 10 jobs for U.S. workers were created through their investment. However, immigrant investors who invest in a "regional center" do not have to show creation of 10 jobs but can use the indirect job creation effects of the regional center. Each regional center usually has its specific methodology for projecting how the job creation requirement of this program will be met.

U.S.C.I.S. Extends "Optional Practical Training" for Foreign Students in Science, Technology, Engineering and Mathematics Fields

In April 2008, the U.S.C.I.S. extended the maximum period for "Optional Practical Training" (OPT) from 12 months to 29months for F-1 foreign students who have completed their degree programs in Science, Technology, Engineering or Mathematics, who accept employment from U.S. employers enrolled in the E-Verify Program of the U.S.C.I.S.. Foreign students in F-1 status are generally prohibited from accepting employment except during their OPT period following completion of their academic program.

E-Verify is an online system operated by the Department of Homeland Security and Social Security Administration, in which participating employers can check the work status of new hires by comparing information on an employee's I-9 Form against SSA and DHS databases. E-Verify is voluntary for all employers, except for federal employers. This program is designed for employers to maintain a workforce with authorization to work in the U.S..

U.S.C.I.S. Expands Premium Processing Service

The U.S.C.I.S. has expanded its "premium processing" service whereby applicants can request that certain applications be processed on an expedited basis, if they pay a $1,000 fee to the U.S.C.I.S. This process is now available for the following applications:

E-1 treaty trader petition;

E-2 treaty investor petition;

H1-B specialty occupation petition;

H2-B temporary worker petition;

H-3 trainee petition;

L-1 intracompany transferee petition;

O-1 and O-2 petitions for aliens of extraordinary ability in sciences, arts, education, business or athletics and accompanying aliens providing support services.

P-1, P-2 and P-3 petitions;

Q-1 cultural exchange visitor petition;

TN (treaty national) application;

R religious worker petition;

EB-1, EB-2 and EB-3 immigrant visa petitions.

Once the premium processing fee is accepted by the U.S.C.I.S., they will process the case within 15 days upon receipt, i.e. they will either approve, deny or issue a request for further evidence on the case within 15 days. If the U.S.C.I.S. does not process the case within 15 days or decides not to do so, the U.S.C.I.S. will refund the $1,000 fee to the applicant. Premium processing does not guarantee that a petition will be approved. However, it is recommended for applicants who need a prompt decision or when the standard processing time for an application is unusually long.

Change of Address Notification

Under current immigration regulations (8 U.S.C. 1305), any "alien" within the United States (includes all immigrants who are not yet U.S. citizens and non-immigrants, documented and undocumented, etc.) are required to notify the U.S.C.I.S. within 10 days of any change in their address. Moreover, failure to notify the U.S.C.I.S. can be considered a misdemeanor (8 U.S.C. 1306) and failure to do so can be grounds for deportation (8 U.S.C. 1227(a)(3)(A)).

Although this law was codified in the Immigration & Nationality Act since 1952, it has not been enforced until recently. After the events of September 11, 2001, the U.S.C.I.S. has increasingly publicized this requirement to the public and the general expectation is that this law will be enforced aggressively.

You can provide the change of address notification by mailing Form AR-11 to the U.S.C.I.S. and there is no filing fee. We recommend that you document your mailing of your notice through use of a return receipt from the U.S. Postal Service or other shipment methods such as Federal Express which provides proof of receipt. In addition, online change of address notification is also available at the U.S.C.I.S. website at www.uscis.gov  

Processing Fees for Immigration Petitions: For current processing fees of the U.S.C.I.S., click on the following link: www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf  

Department of State Visa Bulletin: For current information on visa availability affecting your immigrant visa category, click on the following link: www.travel.state.gov/visa/frvi_bulletin.html