Taking care of all your immigration needs
Copied from AILA:
Cite as “AILA InfoNet Doc. No. 12040939 (posted May. 30, 2012)”
May 25, 2012 H-1B Cap Count
As of May 25, 2012, approximately 48,400 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 17,500 H-1B petitions for aliens with advanced degrees.
The downturn in the global economy is seeing countries compete for the best talent and investors to boost the economy. The US introduced a Start-Up Act in 2010 which has been re-introduced a couple of times, including the Start-Up Act 2.0 as seen last week. A month or so ago, Canada introduced a similar bill. A few months ago, the UK fast-tracked their entrepreneur bill and in fact has already implemented their version of an entrepreneur visa (the visa has had mixed reactions). Ireland not so long ago introduced something similar. Now, Australia has entered the competition and in fact will implement their new law on July 1, 2012. You can search through this blog to find information on each one of the above country issues. Watson Immigration Law hopes that the US will pass some version of the Start-Up Act 2.0 as soon as possible, as it is unquestionable that we are losing out in the global competition to retain skilled people to invest and open their own businesses which in turn will create much needed jobs in the US.
Here are a few links to the latest investor visa news in Australia:
1. Link #1
2. Link #2
3. Link #3
4. Link # 4
The Wichita Eagle, Kansas.com newspaper published an article written by the four Senators who introduced the Start-Up Act 2.0. The bill introduces some important immigration measures to help entrepreneurs get visas in the US. Specifically, the bill introduces a STEM visa which will allow STEM graduates to stay in the US and start their own companies and thereby create jobs. It will allow an entrepreneur visa. In addition, it will incorporate some of the issues tackled in HR 3o12 that eliminated per-country caps for employment-based immigration. Watson Immigration Law welcomes the new bill and is hopeful that we may get surprised even in an election year. Below is a copy of the text for the newspaper and above is a link.
The following commentary was written by Sens. Jerry Moran, R-Kan; Mark Warner, D-Va.; Marco Rubio, R-Fla.; and Chris Coons, D-Del.:
Conventional wisdom says that Congress does little during an election year. But Americans are eager to see Congress address our country’s challenges – most important, the economy and job creation.
That’s why we introduced bipartisan legislation, Startup Act 2.0, last week to help jump-start the economy through the creation and growth of new businesses.
Companies less than five years old have created nearly all net new U.S. jobs for almost three decades, according to Kauffman Foundation research, averaging roughly 3 million each year. Passing the JOBS Act in March was good news for the young companies now creating jobs. But entrepreneurs face additional challenges beyond access to capital. Startup Act 2.0 picks up where the JOBS Act left off by helping entrepreneurs to succeed.
Vital to any new business are the talented individuals who turn ideas into reality – including foreign-born entrepreneurs. More than a quarter of technology and engineering companies created in the U.S. between 1995 and 2005 had at least one key founder who was foreign-born, according to researchers at Duke University and at the University of California at Berkeley. Yet current immigration policies have hurt U.S. efforts to compete in the global contest for entrepreneurial talent.
Startup Act 2.0 creates an Entrepreneur’s Visa for legal immigrants so they can remain in the United States, where their talent and ideas can fuel growth and create American jobs. It also creates a new STEM visa so that U.S.-educated foreign students who graduate with a master’s degree or a doctorate in science, technology, engineering or mathematics can receive a green card and stay in this country, launch businesses and create jobs.
Our plan also eliminates the per-country caps for employment-based immigrant visas – which hinder U.S. employers from recruiting the top-tier talent they need to succeed. U.S. future economic competitiveness depends on our winning the global battle for talent.
Another significant challenge facing startups is gaining access to enough capital to get off the ground. Our plan will make permanent the exemption of capital gains taxes on the sale of certain small-business stock held for at least five years – so investors can provide financial stability at a critical juncture of firm growth. Our plan also creates a targeted research-and-development tax credit for young startups less than five years old and with less than $5 million in annual receipts.
Startup Act 2.0 also seeks to move taxpayer-funded university research more quickly to the marketplace, where it can propel economic growth. U.S. universities have historically been responsible for groundbreaking discoveries, spawning new industries and creating countless jobs.
Another obstacle facing new businesses is the expense and time required to comply with government regulations. Our bill requires all government agencies to conduct a cost-benefit analysis of all proposed “major rules” with an economic impact of $100 million or more.
Finally, Startup Act 2.0 will direct the U.S. Commerce Department to assess state and local policies that aid in the development of new businesses.
In the past 16 months, six countries have implemented new policies to encourage more entrepreneurship, innovation and job creation within their borders. The U.S. cannot afford to turn a blind eye to our competitors or use the coming elections as an excuse to delay action on an issue so critical to our economic future.
Many of these bipartisan ideas are supported by President Obama’s Council on Jobs and Competitiveness. We look forward to working with the president and our colleagues to prove that conventional wisdom about Washington, D.C., won’t hold true this year.
The USCIS launches its electronic filing syste, (ELIS) this week for some basic petitions such as I-539. It is a start of a big technology change. Watson Immigration Law will be monitoring the success of the process and will report as when new information becomes available. Below is a copy of the text from USCIS website.
Agency begins transition from paper-based to online environment
Released May 22, 2012
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS. The system has been created to modernize the process for filing and adjudicating immigration benefits.
“Today marks a significant milestone in our agency’s history,” said USCIS Director Alejandro Mayorkas. “We have launched the foundation for the web-based future of our agency and our immigration benefits system. USCIS ELIS will transform how we interact with our customers and how we manage the 6-7 million applications we receive each year.”
This initial launch brings the agency closer to realizing the future of immigration services. Beginning today, individuals can establish a USCIS ELIS account and apply online to extend or change their nonimmigrant status for certain visa types. Eligible individuals include foreign citizens who travel to the United States temporarily to study, conduct business, receive medical treatment, or visit on vacation. USCIS ELIS will also enable USCIS officers to review and adjudicate online filings from multiple agency locations across the country.
Historically, USCIS customers have had to apply for most benefits by mail and USCIS employees then review paper files and ship documents between offices to complete their adjudication. Today’s launch signifies an important step forward and is the first of several releases. Future releases will add form types and functions to the system, gradually expanding to cover filing and adjudication for all USCIS immigration benefits.
This important transition for America’s immigration benefits system will take time and continued dedication to fully implement. Following this first release, USCIS anticipates making adjustments and improvements in response to user feedback. This process will enable USCIS to continually enhance the user experience for both customers and USCIS employees. It will also allow the agency to smooth the transition to electronic filing over time, mindful of those individuals without computer access and the agency’s commitment to serve our diverse customer base.
Benefits of using USCIS ELIS include filing applications and paying fees online, shorter processing times, and the ability to update user profiles, receive notices, and respond to requests electronically. The system also includes tools to combat fraud and identify national security concerns.
Mayorkas attributed today’s successful launch to the steadfast dedication of the USCIS workforce. “USCIS employees believe in the transformation of our agency from a paper-based to an online environment. It is through their vision, unwavering commitment, and hard work that we have reached this important milestone,” Mayorkas said.
Visit www.uscis.gov/uscis-elis to take a tour of the new system, learn about eligibility and the benefits of using USCIS ELIS, and find frequently asked questions.
For more information on USCIS and its programs, visit www.uscis.gov or follow us on Twitter(@uscis
), YouTube (/uscis) and the USCIS blog The Beacon.
The USCIS has posted an alert that there are delays in issuing I-129 receipt notices. Hang in there if you have filed an H1b or other work visa petitions. Below is a copy of what the USCIS has said on their website.
“Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS. Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice.
Customers who do not receive notification of receipt of an I-129 petition within 60 days of their delivery confirmation date may contact the appropriate Service Center via the email addresses listed on our Contact Us Web page. This is a temporary situation and we apologize for any inconvenience this may cause.
For further information on contacting USCIS, see the Contact Us link under Related Links to the right. “
On May 19th, 2012, One America, (former Hate Free Zone) held its annual dinner at the Westin in downtown Seattle. Some 700 people attended the special event. It was special because Ms. Pramila Jayapal, the Founder and Executive Director stepped down from devoting over a decade to fighting for civil and immigrant rights. Her devotion was indeed recognized by the authorities and it was declared that May 19th will be declared as “Pramila Jayapal Day” in King County, Seattle.
It was a fun filled evening of entertainment and tributes to all that Ms. Jayapal and One America achieved over the course of it’s successful existence. There were touching tributes from various people in the community, friends, supporters, volunteers and a video message from Senator Gutierrez.
The American Immigration Lawyers Association, Washington Chapter (AILAWA) has enjoyed a close alliance with One America over the years. For example, Citizenship Day has been an extremely successful joint venture helping people obtained US citizenship. AILA members, including myself, attended to show support.
In her powerful and inspiring speech, Ms. Jayapal left the audience in awe of her. She said ”Every Day, We wake-up with a Choice – a Choice of what kind of Human Being we want to be. A Choice of what kind of World we want to create and what kind of Action we’ll take to create it. In making these Choices, We form Movements. In making these Choices, we form Community. In making those Choices, We Change the World. “
Regarding what she would be doing in the future, it seems she is still deciding. She said “I am leaving One America to follow this passion I have…I will be right here with all of you and with One America”.
She said “I am in love with the future we haven’t written yet.” We haven’t seen the last of Ms. Jayapal and can expect much greater things I am sure. Watson Immigration Law thanks One America and Ms. Jayapal for fighting immigrant rights and so much more, and wish them all the best in the future.
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SeattleIndian.com, the premier directory/information source for the South Asian community in Seattle, has posted our forthcoming legal workshop “Start-up False Starts – the Top 10 Legal Missteps of Start-ups” on June 7th. Visit www.seattleindian.com or find them on Facebook at https://www.facebook.com/pages/SeattleIndiancom. Here is their posting of the workshop:
Tahmina Watson, an Immigration Attorney is one of speakers of this Worship, Start-up False Starts – the Top 10 Legal Missteps of Start-ups:
http://www.seattleindian.com/seattle/eventDisplay.asp?id=32694
This is an unmissable workshop for anyone thinking of starting their own company, regardless of immigration issues. Please pass on the information to anyone who may benefit from this event. We will look forward to seeing you there!
The USCIS posted the below notice (copied from USCIS.gov). This is a very important update and procedural improvement. At this point, the new rule below applies only to people who are currently abroad. It is hoped that the rule will be applied to the people in the US in the near future, the comment period is still pending. Please ignore my previous words. The big date for this implementation is June 4th, 2012- Tahmina
U.S. Citizenship and Immigration Services sent this bulletin at 05/23/2012 11:47 AM EDT
Beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility.
This change affects where individuals abroad, who have been found inadmissible for an immigrant visa or a nonimmigrant K or V visa, must send their waiver applications.
Read the News Update.
Copied from AILA:
Cite as “AILA InfoNet Doc. No. 12040939 (posted May. 22, 2012)”
May 18, 2012 H-1B Cap Count
As of May 18, 2012, approximately 42,000 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 16,000 H-1B petitions for aliens with advanced degrees.
The Start-Up Act 2.0 was introduced this morning with the hope that bipartisan support may enable it to pass through Congress. Built on the Jobs Act, it is hoped that the bill will be given serious consideration so that the US economy can be helped. Below are clips from CNN and MSNBC about the introduction of the bill. I am also posting news links from other outlets. Watson Immigration Law applauds this bill and the efforts of each of the Senators involved. I hope that 2012 will see significant improvements and solutions for immigrant entrepreneurs. – Tahmina
Other links to the story:
