With the immigration reform debate stalling in Congress, president Obama took executive action to provide relief for undocumented relatives of U.S. military personnel. This directive minimizes bureaucratic confusion on the part of immigration officials and allows qualified individuals to go through the adjustment of status process within the United States – “parole in place.” The purpose of this...
Last month, I had the privilege of being interviewed by Alan Olsen, Principal at the accounting firm Greenstein, Rogoff, Olsen and Co., LLP. Alan is a CPA, but has many passions beyond numbers. One of his projects is "Alan Olsen's American Dreams - Keys to Life's Success". American Dreams is an excellent resource for information on entrepreneurship, leadership, personal improvement and other...
Earlier this week, Infosys, a Bangalore-based outsourcing company, agreed to pay a civic settlement of $34 million for “systematic visa fraud and abuse” as announced by Texas prosecutors, after two years of investigation. This serious offense constitutes the largest fine in history for an immigration law violation. How did this happen and what can companies learn from this case to ensure...
Summary: If the employee works from home for a short period (less than 30 days) then an Labor Condition Application (LCA) is probably not required. Also if the employee is getting paid but not actually providing any services (on the bench) an LCA is probably not required for the home location. However, if these two situations do not apply, teleworkers should be covered by an LCA for the place of...
The L-1 visa holder may change status to permanent residence through the EB-1 or EB-5 green card programs. Most foreign students in the USA hold either F-1 status or J-1 status. The child of an L-1 visa holder may attend school under the L-2 visa. The L-1 parent has a choice of having their children attend school with L-2 visas or green cards. Parents who hold L-1 status may ask: which is...
In the past year I have traveled to more than a dozen cities in China, talking to many potential EB-5 investors. Basically these investors have only two simple questions: (1) “Will my Green Card be approved?” and (2) “Will I get my money back?” The USCIS has approved more than 400 EB-5 Regional Centers and some have failed spectacularly. With so many complex EB-5 offerings out there, how can a...
The United States has had a rich history of accepting immigrants from a wide array of backgrounds and for a variety of reasons ranging from humanitarian and religious to political and economic. Commonly regarded as a “melting pot,” the U.S. has been a nation of immigrants since its founding; pilgrims fled the tyrannies of the old world in search of what we now call the “American Dream”. Today,...
After two months of heated debate and much speculation in the media, S.744 - the bipartisan immigration reform has passed through the Senate by a margin of 68-32 (with 14 of 46 Republicans voting in favor). Along with the controversial provision of a "pathway to citizenship" for the 11 million undocumented residents, a significant increase to border security is prominently featured in the bill....
S. 744 – the bipartisan bill, sponsored by Senator Charles Schumer was released to the public today. The 844 page document outlines a path to citizenship and addresses many of the pressing issues that create backlogs and inconsistencies within our immigration system. As expected, the proposed legislation adds significant funding (~$3 billion) and resources to secure the southern border of the...
New regulation officially entitled “Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives” has finally been published and will take effect on March 5th, 2013. President Obama’s promise of immigration reform is finally beginning to take shape and the preservation of family unity seems to be a major point of emphasis in the newest legislation. The painful...