The StartUp Visa Act of 2011 and the EB6 Visa Classification for Sponsored Entrepreneurs

If passed, the StartUp Visa Act of 2011 would create an opportunity for immigrant entrepreneurs to bring their innovative business plans to the United States. It would add to the number of immigrant visas issued every year, but would draw from the number of visas already allocated to the EB-5 visa classification. In recent years, only half of the yearly allotment of visas in the EB-5 category has been issued. In theory, the implementation of the Act would help stimulate the U.S. economy by attracting a greater number of talented entrepreneurs who may not have qualified for immigrant visas before due to financial limitations. Continue reading

“Follow to Join” Procedures for Immediate Family Members of Preference-Based Immigrant Visa Holders

Summary: Immediate family members (spouses and children under the age of 21) of immigrant visa holders may follow to join the principal beneficiary of an approved immigrant visa petition in a derivative visa status. The form I-824, Application for Action on an Approved Application or Petition, should be used to notify the U.S. consulate in the beneficiary’s country of citizenship that his or her visa petition has been approved and that his or her family members are applying for derivative visas in order to follow to join. Continue reading

Reusing an Approved Labor Certification When Refiling Subsequent to I-140 Denial

When filing an I-140 petition subsequent to the denial of a previously filed petition, the same labor certification may be used even if it has expired, provided that it was not expired at the time the original petition was filed and it was not invalidated for reasons of fraud or misrepresentation. Should a petitioner require a new copy of a labor certification, (s)he can request a duplicate copy from the Certifying Officer, with proof that a visa application or petition has been appropriately filed. Continue reading

September 2008 Visa Bulletin

The September 2008 Visa Bulletin, released by the U.S. Department of State (DOS), shows that the EB-2 Cutoff dates for Indian and Mexico, has moved another few months forward. The rest of the employment based categories remain the same as last month. Mexico’s F-2A numbers and EB-3 continue to be … Continue reading