As I’ve seen in working with clients in the San Francisco Bay area, the U.S. economy
continues to struggle, which I view as a possible opportunity and benefit for
foreign investors who want to succeed in the U.S and for the country itself. As
an immigration lawyer, I work with many foreign-born businesspeople who
have made or will make a substantial capital investment in their company in the
US and who want to come to this country in an effort to continue to develop it.

Real Benefits

Let’s consider some of the benefits an investor can reap from acquiring an E2
visa and coming to this country. Along with being able to bring your spouse and
dependent children to the U.S. and the fact that your spouse may seek employment,
you may travel freely throughout the country and work at the company in
which you have invested. If you are applying for E2 status within the US the E2
is valid for two years but may be renewed as long as you qualify for the visa.

Result

The E2 Visa is not commonly seen as being a doorway to becoming a U.S. citizen. But it
is a good way for someone who substantially invests in their company in the United
States to obtain a visa. In another blog, I’ll discuss the requirements for the E2. In
my work as an immigration lawyer, I’ve found that some of the requirements are
less defined than others, which can work to an applicant’s benefit. From my San
Francisco and Sacramento area offices I’ve worked with many foreign investors
who want to travel and work in various parts of this country. It can be a rewarding
experience in many ways.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose,
and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you
have any questions regarding immigration law.

The USCIS announced the results of its Policy Review Public Survey and with that
addressed exactly why the survey was performed and how it would be used. I
had received a question from an immigrant now living in the Sacramento area
concerning the usefulness of the survey. The question makes sense since surveys
can sometimes simply result in little follow through.

Survey: Reason and Focus

This is the first time that the USCIS has ever conducted such a review that included
those working in the field, such as immigration lawyers, and people who are directly
affected by their policies. This is an attempt to make sure that their policies are up
to date and consistent and that they operate in a fair and prompt manner.

Policy Changes

The USCIS is on record as saying that policy changes will come about due to this
survey. This is seen as being a multiyear process. The first ten items that will be
addressed by the USCIS due to the survey results are:

• National Customer Service Center
• Nonimmigrant H-1B
• Naturalization and Citizenship
• Employment-based Adjustment of Status
• Family-based Adjustment of Status
• Employment-Based Preference Categories 1, 2 and 3
• Refugee and Asylum Adjustment of Status
• Form I-601
• General Humanitarian

Employment Authorization and Travel Documents.

For the individual involved in an immigration issue, as my questioner from
Sacramento had been, working with a government agency as complex as the USCIS
can be daunting. If you feel you need help with your issue, an immigration lawyer
can often be a big help.

USCIS Survey

This is the first-ever public policy review by the USCIS and it is an attempt to ensure
that the agency is effectively adhering to its mission. Over 5,550 people responded
to the survey and they included employees using an immigrant or non-immigrant
visa, practitioners of immigration law, advocates, employers of immigrant and non-
immigrant visa holders, law enforcement and others.

The largest percentage was employees using an immigrant or non-immigrant visa
(42.1%) and the next largest group was classified as “others” (21.7%). The next
largest percentage was composed of those who practice immigration law (15.1%).
Then advocates (14.6%), employers (4.4%) and law enforcement (2.2%).

Immigration Issues

Respondents noted which issues were foremost to them when is came to the
USCIS. In other words, what areas did the agency need to address when it came to
shortcomings. There were four that garnered top numbers, one of which was of
special interest to my San Jose client and all four of which I am certainly concerned
with as an immigration lawyer.

The issues that most people thought needed to be addressed first, second and
third related to EB-3 visas for skilled workers and professionals (16.0%); EB-1 and
EB-2 visas for priority workers, professionals, and holders of advanced degrees
(15.2%); adjustment of status (14.7%) and H-1B visas for specialty occupations
(14.4%). The cumulative percentage of those four categories totaled 60.4%.

Important Issues

These are clearly the most important issues facing the USCIS and it was adjustment
of status (the green card application process), which was seen as needing to be
addressed by 14.7% of respondents.

By the way, as far as what issue should be addressed first by the USCIS, adjustment
of status statistically tied for first with EB-3 visas with each getting 19.2%.

As an immigration lawyer, I find that there’s often a need to make clarifications
regarding specific forms. There are so many forms associated with immigration
it’s easy to become confused. This happened the other day when someone from
Sacramento had a question regarding her permanent resident card, which is
commonly known as a green card.

Purpose of Replacement Green Card

It is important to understand that a replacement green card is not intended
for someone whose status as a conditional resident is expiring or to replace a
non-permanent visa. The replacement card is for people who already possess a
permanent resident card. The immigrant from Sacramento did already hold a green
card.

Replacement cards are intended for those who have had a legal change in biographic
data, whose card contains incorrect information due to an USCIS error, if you need
to renew your green card or if you were issued a card but never received it. You
do not file a for a replacement green card if you’ve changed your address. You may
report a change of address via the USCIS site (www.uscis.gov).

Filing for Replacement Green Card

An I-90 application, which may be filed electronically or by mail, is used when
applying for a replacement card. Supporting evidence must also be submitted.
Depending upon your situation forms and types of evidence vary. The filing fee is
$290 and the biometrics fee is $80.

The process can get fairly complicated, as I noted to the Sacramento resident who
needed to file for a replacement of her green card. You must offer your reason
for the replacement card clearly and accurately and this reason influences how
to accurately complete the form. A knowledgeable immigration lawyer can help
facilitate this process.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose,
and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you
have any questions regarding immigration law.

This year, many US Senators and Congressmen have been pushing for immigration
reform. The president has been lobbied, rallies have been held, debates are ongoing
but immigration reform is still a concept and not a reality. The recent incidents in
Arizona have caused a lot of discussion and activity in the San Francisco Bay area
and Sacramento, where I consul clients on immigration.

Arizona

As an immigration lawyer, I’ve been interested and concerned with the
controversial Arizona law that recently went into effect. That Arizona law
focusing on undocumented immigrants has caused a lot of debate. A federal
judge has blocked the most controversial aspects of the law. The law has caused
vigorous protests from people on both sides of the issue in various states.

The Message of Arizona’s Immigration Controversy

The important thing to realize is that this entire scenario—the law, putting it
into effect, the protests, the federal judges stay, etc.—all combine to say a few
things about our country and immigration. Here are three important points:

• There are problems with the law.
• Fixing it won’t be easy.
• Someone needs to take leadership regarding this issue.

I’ve written many times about immigration reform in this blog and will continue
to do so, including providing information articles, my viewpoint blogs and
updating recent developments. As an immigration lawyer in the San Francisco and
Sacramento area, it’s amazing how the recent incidents in Arizona hit home. That
one state and their new law represent the overall immigration reform dilemma that
faces this country.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose,
and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you
have any questions regarding immigration law.

The latest numbers concerning H 1B applications were updated by the USCIS about one week ago. Working as an immigration attorney with many firms and individuals in the San Francisco area who have a stake in this process, I’m always interested in these numbers.

Latest H 1B Numbers

As of the writing of this blog, the latest H 1B numbers see cap eligible petitions at about 28,500. There are 65,000 available. That means that 43.8% of the possible applications have been submitted. The H 1B with a master’s exemption has seen 11,900 petitions. There are a total of 20,000 such petitions available. Translated into a percentage, it looks like 59.5% of those H 1B petitions designated for those holding a masters or higher have been submitted.

Quick Analysis

Comparing this year’s filings to last, those for FY 2011 are still lagging far behind and I don’t see them picking up very quickly.

Petitions Still Available

There is good news. Petitions are still available if your company is looking to hire individuals through the H 1B process. For those in the San Francisco area or any part of the state or U.S. who need assistance an immigration lawyer can certainly help facilitate this process.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you have any questions regarding immigration law.

Just a few years ago, the cap for H 1B visa applications would be reached in a few days. The H 1B visa is designed to allow U.S. employers to hire foreign workers for specific types of jobs that demand special skills, knowledge and training. As an immigration attorney, once the process begins, which is April 1, I’ve found that those from the San Jose area and other parts of the state who come to my office are anxious to get their paperwork in before the cap is reached.

H 1B Downturn

Last year, there was a huge downturn in applications, which was most likely related to the recession and a lack of employment opportunities in the U.S. Caps were met in December 2009, which is very late especially considering that the cap had been met within a few days or weeks each year prior.

It was thought by many that this downturn would continue this year, especially because applications for the H 1B were sluggish. And thus far this has been the case.

H 1B Cap Update for 2010

As of July 2, 2010, eligible petitions filed by those wanting to come to the U.S. totaled 24,200 and 10,400 in the category of those already in the U.S. who have just finished their advanced degree. That leaves approximately 41,800 for those outside the U.S. and 9,600 application slots still available for foreign students in the U.S. who hold their advanced degree. That means that applications are down from last year at this time by about 20,000.

Apply Now

Although applications are down, if you have been offered work by a US company that fits under the H 1B visa, then it is important to apply for your visa as soon as possible. Even if the cap is not reached, you want to facilitate your petition in order to ensure that you are able to work on your scheduled start date. Also, the quota was eventually reached late last year and that may be the case this year. Once the quota is reached, you will need to wait until the following year to apply.

An immigration attorney can help facilitate the H 1B process, making sure that your application is prepared in accordance with the USCIS regulations and policies (which change frequently). We expect to see more people from the San Jose area contacting our office as the time to apply dwindles.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento, California, at info@ranchodlaw.com or at 800-753-1399 if you have any questions regarding immigration law.

San Francisco Immigration Lawyer Offers Insight on L1 Visa Blankets

Using a L1 visa blanket can save petitioning businesses a lot of time when trying to bring managers, executives and employees with specialized knowledge to the U.S. Non-blanket applications can take up to four months or longer while those submitted under the blanket can be facilitated quickly.

Company Requirements for L1 Visa Blankets

In order to qualify for a blanket, companies must meet the following criteria.

• The company petitioning for the blanket and its entities are engaged in business in both countries, providing services and/or products on an ongoing basis.
• The company requesting the L1 visa must have done one of the following: (a) During the past year, received a minimum of 10 “L” petitions for managers, executives, or specialized knowledge professionals, (b) have total combined annual sales of its U.S. holdings of a minimum of $25 million or (c) already have in place a work force comprised of at least 1,000 employees.

Consider the L1 Blanket

If your company meets the requirements, then it makes sense to consider a blanket. Although my immigration law practice is located in San Francisco with other offices in various parts of California, I work with clients around the country, serving all 50 states. If you want your company to be considered for a L1 visa blanket, I can assist in this process no matter where you are located in the U.S.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding L1 visas or immigration law.

A San Jose Immigration Lawyer Considers Company Requirements

From my immigration law office in the San Jose area, I work with many companies throughout the U.S. on the L1 visa process. Often when we discuss the L 1 in this blog, the focus is on the individuals who may apply for these visas. Here is a consideration of what is needed for a company to meet the requirements of a L1 visa.

Are the Foreign and U.S. Companies the Same?

The US company and foreign employer must demonstrate that they are “related” (Our L1visa article outlines the qualifying relationship requirements).

In order for a company to be considered able to sponsor a L1 visa petition, the USCIS will also evaluate the following criteria:  business must be conducted and transacted by the company in both countries; there must be a continuous output of goods or provision of services. International trade is not a requirement, thus each entity may be conducting business exclusively within the country they are located; business must be ongoing in the U.S. for the entire time that the L1 visa holder is in the country; also, business should be ongoing in the foreign land for the entire time that the L1 visa holder is in the U.S.

Are You Eligible to Sponsor L1 Visa Applications?

Whether the parent company is in the U.S. or a foreign country does not matter. In order to be considered a parent company, it must exercise control of the subsidiary or legally related organization in the other country. There are various other criteria related to companies qualifying for L1 visas. From my immigration law office in San Jose, I work with a good number of companies in ensuring that they meet the proper criteria.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding L1 visas or immigration law.

San Francisco Immigration Lawyer Looks at What Makes L1 Visa a Good Choice

In this blog, I’ve written a lot lately about the L1 visa, which is designed for foreign managers or executives and specialized knowledge staff who are coming to the U.S. to work on a non-permanent basis. Those applying for a L1 visa must have been employed for one continuous year of the past previous three years by a foreign company that is legally connected to the U.S. company for which they are coming to work.

Many Organizations May Qualify

Unlike the H 1B visa, which is designated for those in areas such as science, computer programming, mathematics and engineering, executives and managers may qualify for a L1A visa as long as they meet the L1 criteria. Also, the employer who is sponsoring the L1 applicant(s) does not have to be owned by U.S. citizens.

Length of Stay

The length of stay in the U.S. for those with a L1A visa is initially three years. The visa may be renewed and the total length of stay on a L1A visa is seven years.

Speedy Process

There is no need for a LCA in the granting of a L1 visa. That’s because the employee is basically transferring within the company and thus they are not considered to be a newly hired employee.

The entire process takes three to four months from the date of filing as of today but USCIS processing times frequently change. You may also apply for premium processing and obtain a decision within 15 days (as long as a RFE is not issued).

L1 Benefits Everyone

The L1 visa benefits the segment of the company that is established in the U.S. and it can certainly benefit U.S. workers due to the fact that these visas are often used to bring managers, executives and specialized knowledge staff members to the U.S. who are going to help the organization expand and grow.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding L1 visas or immigration law.