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Total Articles: 4

DHS Issues New Regulations for Certain Highly Skilled Workers

On Friday, January 15, 2016, the U.S. Department of Homeland Security published a final rule—Enhancing Opportunities for H–1B1, CW–1, and E–3 Nonimmigrants and EB–1 Immigrants—in the Federal Register. The new regulations, which will go into effect on February 16, 2016, apply existing rules to additional, similar visa categories, and are intended to benefit highly skilled workers and CW–1 nonimmigrant workers.

EB Filing Dates Pushed Back in Revised October 2015 Visa Bulletin

On September 25, 2015, the U.S. Department of State (DOS) issued a revised Visa Bulletin for October 2015 that supersedes the original Bulletin dated September 9, 2015. In the current Bulletin, the dates for certain categories on the “Dates for Filing of Employment-Based Visa Applications” chart retrogressed from the dates on the original Bulletin. Specifically, dates for the Employment-Based Second Preference category for China retrogressed by one year and five months from May 1, 2014 to January 1, 2013, and India retrogressed by two full years from July 1, 2011 to July 1, 2009. The Philippines moved for both Employment-Based Third and Other Workers Preference categories from January 1, 2015 to January 1, 2010, a retrogression of five years. There were no revisions to the actual priority dates for October.

Olympic Gymnast's EB-1 Petition Denial Affirmed by District Court

The Immigration and Nationality Act permits employers to petition for their employees who are “Persons of Extraordinary Ability” to immigrate to the United States. For approval of a Person of Extraordinary Ability petition, the employer must demonstrate their employee’s extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim in the field of employment.

EB-5 Immigrant Investor Process

The U.S. Immigration and Nationality Act currently allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Resident (LPR) status - also known as a “green card” - on the basis of their capital investment in a commercial enterprise in the United States. Although the EB-5 program has existed for a number of years, its popularity is a recent development. Nexsen Pruet’s International Team includes corporate and immigration attorneys with an abundance of trans-border transaction and visa experience. We are available to help structure – or even to suggest alternative visa categories, as necessary, for – your investments in the United States.
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