Shihab Immigration News: January 2015

The Law Firm of Shihab & Associates
Shihab Immigration News: January 2015
Gus M. Shihab

Our purpose here is to bring you the latest and most relevant immigration news. Immigration law is in constant flux, and we want to help you stay on the cutting edge of the field.

Gus M. Shihab, Esq.
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Visa Bulletin Monthly Update
Following its monthly release, we break down and analyze the Visa Bulletin. This document is how the State Department announces who is eligible to petition for permanent residence. 


Here is a quick summary for EB cases:


EB-2 India has made a sudden jump to autumn 2005--and will likely move 4 to 6 months in each upcoming Bulletin. Even stronger advances are possible, as it still hasn't recovered from its retrogressions. It is expected to get back to where it was (in mid 2009) by this autumn. EB-3 India is still moving slowly in 2003, however.


EB-2 China is in spring of 2010 and will most likely move 3 to 6 weeks in each of the next couple of Bulletins, while EB-3 China is in fall of 2011 and will likely move up several months at a time. The rest of the world's EB-3 date is doing even better, as it hits 2014 this month.


We are continuing to warn that there will be a priority date cut-off introduced for EB-5 China any month now. The cutoff may be as early as January 2013.


Read more here... 

Why we Should Increase the H-1B Cap 

Graphic"" Once again, Congress is considering raising the H-1B cap. However, we've heard this before many times, and despite that, the cap remains at its mid 1990s level. It seems that each time a cap increase is proposed, politicians are pressured into backing down. This is likely due to fears that the presence of H-1B workers is bad for their U.S. counterparts--if not bad for the whole U.S. economy.

The labor certification process prevents foreign workers from "taking" jobs that Americans would otherwise have. The H-1B process is tricky, chancy, and often a last resort. When a company is unable to hire a foreign worker because of the cap, it could mean one less U.S. innovation or marketable product. This could in turn truly lead to less jobs for Americans. Thus, rejecting foreign workers can easily cause the opposite of the desired effect! We believe Congress is now aware of these things, so our hopes are high that the cap will finally be raised.
Buying a U.S. Business to obtain Permanent Residence through EB-5 

Farmers ExchangeFor many, it is a goal to own a business in the U.S. and live the American Dream. Others (with significant overlap) want to move to the U.S. and eventually claim citizenship. Though somewhat risky, doing one can lead to the other. With Direct EB-5 (as opposed to Regional Center EB-5), a foreign national is given temporary residence and an objective: invest and create jobs. Profits are usually reward enough for running a business, but in this case, a green card is thrown in as well.

While there are several ways to do this, buying a business is likely the simplest to begin. However, there are some things a potential immigrant business owner should know before committing to invest. This article addresses EB-5 Direct in the specific case of buying a U.S. business. On the "Other Topics this Month" panel, there's a link to an article where we cover issues on all instances of EB-5 Direct.