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Immigration
Mar 28, 2012 07:38 AM
Although there has been no significant movement toward federal immigration reform since a bipartisan effort died in 2007, it has been the subject of a flurry of legislative initiatives at the state level since then. And while immigration has continued to be the focus of debate during the presidential primaries, decisions by the courts could well have far-reaching implications for reform. The Arizona legislature passed a law that required officers to check a person’s immigration status while enforcing other laws and requiring immigrants to carry their papers at all times. However, on July 28, 2010, one day before the tough anti-immigration measures were to take effect, a federal judge blocked Arizona from enforcing the statute’s most controversial provisions.
The Obama administration challenged parts of the law in court. And the U.S. Court of Appeals for the Ninth Circuit in San Francisco blocked enforcement of parts of the law in April 2011. Then in December, the U.S. Supreme Cour ...more
Feb 29, 2012 01:23 PM
Migration across borders is a phenomenon that must be viewed from a number of perspectives. While there are factors that continue to cause people to leave their home country to seek a life in another country, there are also factors that inhibit or minimize migration. Today in the U.S. there has been a distinct trend in the decline of immigrants into the country, partially owing to economic factors but also a stingier visa policy. At the same time there are pull factors that continue to attract immigrants to the U.S. to study or to seek employment.
Push factors
Denial rates for work-related visas to the U.S.
According to the National Foundation for American Policy, over the past four years denial rates for work-related visas for Indian-born professionals and researchers to the U.S. have shown a marked increase, considerably higher than other foreign nationals. Some of those who applied for work visas claiming "special knowledge" were required to give addition information sup ...more
Feb 29, 2012 01:22 PM
People from around the world continue to come to the United States for many reasons – to live in freedom, to practice their religion freely, to escape poverty or oppression, and to make a better life for themselves and their children, to name a few.
An important goal for many immigrants is gaining a “green card,” or Permanent Resident Card as it is known officially, so they can live in the country legally. One of the most attractive options for foreign entrepreneurs and wealthy individuals to acquire lawful permanent residence – and eventually naturalized U.S. citizenship, if desired – is a little-known government program called EB-5.
“EB” stands for “employment based” because the program is designed to stimulate investment in American business and to encourage growth of our economy, specifically through the creation of new jobs. EB-5 was started as part of the U.S. Immigration Act of 1990 and grants about 10,000 special category visas each year.
How Does It Work?
There ...more
Jan 30, 2012 12:13 PM
On January 6, 2012 the U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security, posted a Notice of Intent in the Federal Register, aimed at reducing the time Americans are separated from their family members who are going through the process of becoming legal immigrants to the United States.
The Obama Administration thus proposed alleviating a situation that could spare hundreds of thousands of American citizens from extended separations from their illegal immigrant spouses and children. The proposed regulatory change would not alter existing immigration laws and would only apply in cases in which U.S. citizens would suffer extreme hardship as a result of prolonged family separation.
In announcing the notice of intent, the White House noted that while applicants would still need to go abroad to complete their legal immigration process, the proposed change would reduce the amount of time that American families are separated. Some spouses and children of ...more
Jan 05, 2012 01:33 PM
Business owners devote much of their time to building their business and improving their profitability; however, they often neglect to devote time to protecting their business by addressing succession considerations and asset protection. Business owners should consider the following: 1) Preparing for business succession in the event of death, and, 2) How to implement business agreements designed to protect and enhance business value while providing for seamless succession in the event of incapacity, retirement or departure from the business.
Succession Considerations
If you co-own a business with others, such as a partnership, LLC or corporation, you will want to sign a buy-sell agreement, or buyout agreement, with your co-owners, that will control what happens to your ownership interest when you die. Some owners agree that the business should have the opportunity to buy your share of the business back from whoever inherits it. A buyout agreement can even call for the company to p ...more
Oct 31, 2011 12:28 PM
You have a great business concept and are evaluating ways to expand your brand and your operations. Have you thought about franchising your business? Franchising is a method of distributing products or services. This business model involves a Franchisor who lends his intellectual property and business concept and a Franchisee who pays a royalty and an initial fee for the right to do business under the franchisor’s name and system. Once this contractual agreement is reached by the two parties, a Franchise is created.
According to the U.S. Census Bureau, franchises make up more than 10.5 percent of employer businesses. In 2010, President Obama signed into law the Small Business Jobs Act that permanently increased Small Business Administration (SBA) loan limits from $2 million to $5 million. The Act also temporarily extends the 90 percent loan guarantee rate and reduces borrower fees in the SBA program.The law permanently increased microloan limits from $35,000 to $50,000 helping more ...more
Jul 26, 2011 02:37 PM
The Indian government has introduced a People of Indian Origin (PIO) card, which will allow those with Indian origins to travel to India without a visa. To obtain a PIO card, individuals of Indian origin cannot be living in Pakistan or Bangladesh. Anyone who has ever held an Indian passport is eligible for the PIO card, but for Indians who were born in America or another country besides India, eligibility requirements for the PIO card are more complicated.
To clear any confusion, it is important to understand what it means to be of “Indian origin.” Anyone who was born in India or permanently resided there is eligible for the card. If either of the parents, grandparents or great-grandparents was born or has permanently resided in India, that individual is eligible for a PIO card. If a person meets the eligibility requirements, then that person’s spouse will also be eligible for the card. However, if the individual himself, his spouse, either of his parents, grandparents or great-grandp ...more
Jun 27, 2011 11:06 AM
WASHINGTON – As part of the Obama administration's ongoing commitment to prioritizing the removal of criminal aliens that threaten public and national security, U.S. Immigration and Customs Enforcement (ICE) announced the results of a seven-day targeted "Cross Check" enforcement operation-which led to the arrest of more than 2,400 convicted criminal aliens and immigration fugitives in May of this year. Last week, ICE also announced key improvements to its Secure Communities program (http://www.ice.gov/secure_communities/) as the agency continues to focus its resources on those in our country illegally who have also broken criminal laws.
"The results of this operation underscore ICE's ongoing focus on arresting those convicted criminal aliens who prey upon our communities, and tracking down fugitives who game our nation's immigration system," said ICE Director John Morton. "This targeted enforcement operation is a direct result of excellent teamwork among law enforcement agencies who ...more
Jun 13, 2011 11:48 AM
N 400 is the citizenship application that needs to be filed for Naturalization. All the eligibility requirements for filing the citizenship form have to be met before applying. You need to be a permanent resident for at least five years or three years if married to a US citizen and living with the citizen spouse for the past three years. You also need to be 18years or above. Additionally, you have to fulfill the Continuous residence and Physical Residence Requirement. A prolonged absence from the U.S. will break the continuity of your residence in the U.S. for naturalization purposes, although it may not affect your ability to return to the U.S. as a permanent resident. You should have resided in your current state for at least 3 months. Your current state is the state where you are submitting the citizenship application for naturalization.
Many people may have already met the five-year residency requirement but are not eligible to apply for naturalization due to moral character iss ...more
Jun 13, 2011 11:47 AM
What is 221(g)?
Applicants are ineligible under section 221(g) because the applicant failed to bring some information or document, or some further procedure or review by the consulate office or another U.S. government agency must be completed. During the interview the consular will advice you on further steps to getting together the correct documents. The officer will hand you over a 221g form with instructions and information about the additionally required information. Follow these instructions for a 221(g) refusal form and provide as per the instructions.
In addition to just the missing documents, another reason could be that the officer/consulate wants to verify your case specifics with concerned authorities before making the decision and such cases can be put under "Administrative Processing". If the 221(g) does not request documents, the case is under administrative processing. These cases can take many months, with very little information forthcoming regarding timeframes.
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