As a reminder, here is a link to our previous post on how a bill becomes law.  In early June, the bill will be sent to the House where the House will follow a similar procedure (committee debates/amendments and then send to the Floor).

For ease of reference:

Here is the current state of the bill- http://www.govtrack.us/congress/bills/113/s744/text

Here is a list of all Amendments- http://www.judiciary.senate.gov/legislation/immigration/amendments.cfm

This is truly an exciting time for immigration law and the United States.  There is a real chance of immigration reform that will have a huge impact on everything in the US, from undocumented people becoming documented, families united quicker, high-skilled workers having more options, entrepreneurship, more physicians, and so much more. Please call your Senators and House representatives and have your voice heard. Urge them to pass immigration reform!

Startup Law Talk Workshop

]]> http://watsonimmigration.wordpress.com/2013/05/21/startup-visa-act-invest-visa-workshop-a-success/feed/ 0 tahminawatson startuplawtalk workshop may 13, 2013 http://watsonimmigration.wordpress.com/2013/05/21/entrepreneur-in-residencestartup-act-news-update/ http://watsonimmigration.wordpress.com/2013/05/21/entrepreneur-in-residencestartup-act-news-update/#comments Wed, 22 May 2013 05:18:29 +0000 tahminawatson http://watsonimmigration.wordpress.com/?p=3093 ]]> While my nose has been buried in deadlines, the immigration world has been busy as ever! The biggest news of the day today is that the Senate Judiciary Committee passed the immigration bill by 13-5.  That means the bill will now be sent to the floor for debates and a vote.  More on this in another post to come!

Entrepreneur in Residence update: Last year, my second favorite subject to the Startup Act was the Entrepreneur in Residence program (EIR).  EIR is an effort by the USCIS to understand businesses better, specifically new businesses.  Launched February 2012 (which I attended in person), the program just passed it’s one year anniversary. It started with reviewing non-immigrant visas, but has expanded to immigrant visas.  The USCIS released a summary of the program in which it lists all the accomplishments.  In absence of an actual Startup Visa Act, the full effect of EIR yet to be seen. But in my opinion, EIR has done much towards training their officers about the nature of the startup business and that is commendable. I believe this training will be very important when the Startup Visa Act, now known as Invest Visa under comprehensive immigration reform, becomes law.

Our loss is Canada’s gain? Well, in an attempt to ‘show off’ the Canadian Startup Act, and lure our immigrant entrepreneurs to Canada, the Canadian Immigration Minister Jason Kennedy had a 4-day tour of Sillicon Valley.  The efforts to promote the new law went well as was much about it in the press.  While the US struggles with not being able to retain the immigrant entrepreneur, will those entrepreneurs actually cross the border? In my opinion, we are SO close to having our own Startup Visa Act that it would be short sighted of anyone not waiting just a little bit longer to see what happens.  The American dream is only achievable IN America, not anywhere else.  I am still very envious of the Canadian Startup Act (my regular readers will know that I am a believer that we need to have this law), I think we are very close to having our Startup Act (Invest Visa) which will allow many people to start businesses in the US, create jobs and boost the economy. Here is a link to one Canadian news outlet discussing the trip of the Minister.

Good news for the Startup Act: There is so much support for the Startup Act!  Senator Huff (R) has been showing his support for the Act. Recently, the California State Senate, under his leadership,  passed a resolution to pass the bill in Congress.  The State Senates action sends a message to Washington that there is support for the bill. Here is a link to a news report. 

For all countries except India, China, Philippines, and Mexico: F2A preference has advanced 100 days to priority date (PD) 8 June 2011.  F2B preference advanced 55 days with PD at 8 July 2005; No movement in F4 category leaving PD at 1 May  2001;  EB2 is current and, and EB3 advances 276 days to 1 September 2008 (that is 9 months!!).

For India only:  F2A preference has advanced 100 days to priority date (PD) 8 June 2011.  F2B preference advanced 55 days with PD at 8 July 2005; No movement in F4 category leaving PD at 1 May  2001;  Still no movement in EB2 leaving PD at 1 September 2004. EB3 advances 18 days to 8 January 2003.

The Visa Bulletin mentions below that EB3 has specific reasons for advancing so much. Read below excerpt.  Good news seems to be soon followed by bad news. In this case, there is caution for retrogression or no movement on EB3 in the coming months. So let’s make the most of the good news. If you are able to file your adjustment petition, then waste no time and file your petition!

D.  EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

The Employment-based Third preference category cut-off date for most countries has advanced significantly for a second month in a row.  This recent movement of the dates is not indicative of what can be expected in the future.   Rapid forward movement of cut-off dates is often followed by a dramatic increase in demand for numbers within three to six months.  Once such demand begins to materialize the cut-off date movement will begin to slow, or even stop for a period of time.

We will update you on any other relevant news if and when available and will report on the July 2013 visa bulletin in due course.

*Copyright 2013 by Watson Immigration Law. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Please come and learn about the provisions, discuss the details and make suggestions to improve the provisions so that YOU can benefit from it.  We hope to have some subject-matter experts join us to discuss the bill too. Here are some links:

1. Summary of provisions:  http://watsonimmigration.wordpress.com/2013/04/17/startup-visa-provisions-under-comprehensive-immigration-reform-bill-2013/

2. Analysis: http://watsonimmigration.wordpress.com/2013/04/23/invest-visa-startup-visa-provisions-here-comes-the-analysis/

This is a very exciting time in immigration law and for high-skilled immigrants.  Please come and participate in a discussion that could potentially shape these provisions! Your input is crucial!

Monday May 13, 2013. Networking starts at 5:30, workshop from 6:00 to 7:30 PST. 

You can join us on Google Hangout if you cannot join in person! 

Workshop fee is $10:00 for non-Eastside Incubator members.

Address:

Eastside Incubator
2711 152nd Ave NE – Building 6
Redmond, 98052

We will look forward to seeing you there.

REGISTER

Thank you ILW again for the honor of contributing to your website and for ILW readers for their readership.

Snapshot of ILW web page from May 6, 2013.

Having said that, there are some provisions in the bill that really need a little tweaking. Let’s take the provision that will allow spouses of H1b visa holders (H4 visa holders) work authorization.  At first glance, it seems that they will all get permission to work.  Hooray, I hear you say!  But wait. Reading the details actually state the following:

At Section 4102 of the Bill, it is stated regarding spouses of H1b visa holders- “authorize the alien spouse to engage in employment in the United States only if such spouse is a national of a foreign country that permits reciprocal employment; and provide such a spouse with an ‘employment authorized’ endorsement or other appropriate work permit, if appropriate.”

Well, in my opinion (and I will be researching this in due course) it will be hard to find many countries that allow the spouse of a US citizen worker in that country work permission automatically. So, the vast majority of H4 visa holders will be excluded from getting work permission.  See today’s article by Ms. Lornet Turnbull in The Seattle Times covering this issue. 

Many employment-based visas already allow spouses work permission.  For example, L1 and E2 visas. The bill will allow (the newly created) W visa spouses work permission.  Then why exclude such an important group?  More often than not, this group is highly educated and productive. If the bill goes as far as stating spouses will get a work visa, then why not go that much further and actually allow them to get a work visa.  I recommend that the caveat that the foreign country must permit recipricol employment is deleted.

I urge Congress to review this provision and make the above amendment.  I also urge anyone interested or affected to call your Senator’s office and voice your concern.  Now is the time to do it! If you are in Washington State, I am including contact  details of our Senators information below. Please call them.  It is now or never!

Senator Patty Murray email contact form plus state offices contact info:
http://www.murray.senate.gov/public/index.cfm/contactme

Senator Maria Cantwell state offices contact info:
http://www.cantwell.senate.gov/public/index.cfm/office-locations

Senator Maria Cantwell email contact form:
http://www.cantwell.senate.gov/public/index.cfm/email-maria

First:  The Seattle Times published an important story about the difficulties of not having work permission as an H-4 visa holder.  If you hold an H4 visa, or know anyone else on an H4 visa, this is the time to call your Senators. Comprehensive immigration reform bill will only allow work authorization to H4s in certain circumstances, majority of H4s will NOT get work permission. There is still time to change the bill, so call your Senators and get your voices heard! Here is a link to the story.  http://seattletimes.com/html/localnews/2020930150_h4spousesxml.html

Second:  Tahmina was also quoted in the news section of The Society for Human Resource Management (SHRM) about the Invest Visa provisions.  Here is a link to the article:  http://www.shrm.org/hrdisciplines/global/Articles/Pages/Senate-Bill-Employment-Green-Cards.aspx.  SHRM is the world’s largest association devoted to human resource management. Representing more than 250,000 members in over 140 countries, the Society serves the needs of HR professionals and advances the interests of the HR profession. Founded in 1948, SHRM has more than 575 affiliated chapters within the United States and subsidiary offices in China, India and United Arab Emirates.

STARTUP ACT (INVEST VISA) PROVISIONS RELEASED! LEARN HOW IT AFFECTS YOU!