July 2012 Visa Bulletin

The Department of State has released the July 2012 Visa Bulletin. The EB2 category for immigrants from India and Mainland China remains unavailable at this time. The EB2 category has retrogressed in all other areas of chargeability to January 1, 2009. Priority dates for most other employment-based categories have remained … Continue reading

June 2012 Visa Bulletin: EB2 Category Unavailable

The U.S. Department of States has officially released its June 2012 Visa Bulletin. As projected, visa numbers in the EB2 category from India and Mainland China have become unavailable. The designation “unavailable” indicates that no visas will be issued to applicants holding EB2 priority dates until such time as new … Continue reading

Update: EB2 Priority Date Retrogression

The Department of States’ Chief of Visa Control and Reporting, Charlie Oppenheim, has released an updated statement to the American Immigration Lawyers Association regarding Employment-Based Second Preference priority dates. Mr. Oppenheim has confirmed that the Department of State’s May 2012 Visa Bulletin will reflect retrogression of EB2 priority dates for … Continue reading

Returning Resident Status

According to the Department of State’s Foreign Affairs Manual a lawful permanent resident that has remained outside the U.S. for more than one year may be eligible for returning resident status. To qualify for such status, the LPR must demonstrate to the consular officer that: (1) at the time of departure, the LPR intended to return to an unrelinquished residence in the States; and (2) his or her reasons for remaining abroad were beyond his or her control. See 9 FAM 42.22 N1.1. Continue reading

How to Replace a Lost Reentry Permit

In the event that an LPR misplaces his or her reentry permit while inside the United States, (s)he should file a Form I-131 to replace it. If the LPR is outside the U.S. at the time the document is lost, (s)he should try to return before the one year anniversary of his or her departure. If this is not an option, (s)he must file a DS-117 to apply for a returning resident visa. Continue reading

Employment Creation, EB-5, Visa Requirements

In order to qualify for the EB-5 immigrant visa classification, the petitioner must show that (s)he has the required funds to actively invest in an enterprise that will create no less than 10 full time jobs for U.S. citizens or other qualified workers. Not only must the petitioner provide sufficient funds—acquired lawfully—but the petitioner must also take an active role in the enterprise in which (s)he invests. Continue reading

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