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Rico Fontana, Senior Manager IHR –Global Immigration Lead

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0 February 17, 2010 US Corporate & Business Immigration Law Presented to German American Business Association Whittier Law School Costa Mesa, California

1 Rico Fontana, Senior Manager IHR –Global Immigration Lead
David Hirson, Partner Fragomen, Del Rey, Bernsen & Loewy, LLP 18401 Von Karman Ave., 2nd Floor Irvine, CA 92612 Office: Direct: Fax: Rico Fontana, Senior Manager IHR –Global Immigration Lead Fluor Enterprises, Inc

2 Topics for Discussion to Include:
U.S. Immigration Law, 2009 updates How the economy has and may impact the immigration law and U.S. businesses working with immigrants of all levels The impact on business CIR – Comprehensive Immigration Reform in 2010? Germany Specific Issues Visa Waiver Program ESTA E-1 / 2 Treaty Visas

3 About Fragomen Single Focus Scalable Partnering
Largest firm in the world exclusively dedicated to providing global immigration services Resources and technology designed specifically for immigration services Scalable 36 offices in 14 countries, 250 attorneys, 800+ professionals Strategic network of 100+ in-country co-counsel Partnering Custom representation tailored to our clients’ needs Flexible service model

4 Global Coverage Fragomen Office Core Strategic Partner Planned Office
Russia Canada United Kingdom Belgium Germany France Switzerland Japan United States Spain Italy Israel South Korea Mexico UAE China Taiwan India Hong Kong Thailand Costa Rica Venezuela Malaysia Singapore Peru Brazil Australia Chile South Africa Argentina Fragomen Office New Zealand Core Strategic Partner Planned Office

5 Recognition Corporate Immigration Law Firm of the Year – 2005, 2006, 2007, 2008, 2009 Best Lawyers - Ranked #1 in the United States in Immigration Law Chambers US and Chambers Global Highest possible ranking in immigration category UK Lawyer top ranked Immigration Firm Professional Recognition I revised this slide….

6 Involved Government Agencies
Department of Homeland Security: United States Citizenship and Immigration Services - USCIS (formerly the Immigration & Naturalization Service – INS or BCIS) Immigration & Customs Enforcement – ICE Customs & Border Protection – CBP CIS Ombudsman Department of Labor Department of State (DOS): U.S. Embassies U.S. Consulates

7 Basic Concepts Immigrants vs. non-immigrants Dual intent
Petitions, visas, & status Quotas & chargeability Preservation of family unity Priority workers Preference classification

8 Nonimmigrants Coming to the U.S. temporarily Retain residence abroad Dual intent - only for H’s and L’s “Alphabet Soup” - A-V

9 Immigrants “Green card holders” = “permanent residents” = “immigrants”
Coming to U.S. permanently Numerically limited Visa bulletin Priority date Can become U.S. citizens after years

10 Family-Based Permanent Residence
Immediate relatives (spouses, minor children & parents of U.S. citizens) Other close family members of citizens or permanent residents, including: Unmarried sons & daughters of citizens (over age 21) Married sons & daughters of citizens Spouses, children & unmarried sons/daughters of permanent resident aliens Brothers & sisters of citizens

11 Employment-Based Permanent Residence: 2 or 3-Step Process
Labor certification PERM (where required) Filed by employer on behalf of foreign national Processed by U.S. Department of Labor Immigrant preference petition Filed by employer Self petitioning possible in limited cases Processed by USCIS Adjustment of status or consular processing Filed by the foreign national & family members

12 3 Steps to a Green Card Labor certification - PERM
filed by employer on behalf of foreign national employee processed by U.S. Department of Labor (DOL) DOL regulated test of the local US job market involves lay-off assessment (of relevant position/location within the 6 months before filing with the DOL) Immigrant preference petition (I-140) based on approved labor certification (Step 1 above) Adjustment of status (I-485) filed by the foreign national & family members based on approved labor certification and I-140 petition (Steps 1 & 2 above) NOTE: Lay-off analysis only relevant in Step 1 12

13 Employment-Based Categories
EB-1: Priority workers EB-2: Advance-degree professionals & aliens of exceptional ability* EB-3: Professional, skilled & unskilled workers* Schedule A workers EB-4: Special immigrants EB-5: Employment creation (* labor certification required)

14 EB-1: Priority Workers Persons of extraordinary ability
(similar to the O-1 nonimmigrant category) Outstanding professors & researchers Multinational executives/managers Labor certification not required

15 EB-2: Advanced-Degree Professionals & Persons of Exceptional Ability
Job requires advanced degree (Master’s & above) or Bachelor’s degree + 5 years progressive professional experience Labor certification required Persons of exceptional ability in science, art or business (labor certification forms filed w/ I-140 petition) Waiver of labor certification when employment is in the “National Interest”

16 EB-3: Professionals, Skilled Workers, Other Workers
Most commonly used, historically highest demand Professionals: position requires bachelor’s degree or foreign equivalent degree Skilled workers: position requires minimum 2 years experience and/or training Other workers: limited to 10,000 Labor certification required in all cases

17 Impact of Termination on Nonimmigrant Visa Status
Options available to terminated employees Depart U.S. Change of status to another visa classification Secure position with another U.S. based employer Timing No “grace period” in the Regulations Unlawful presence issues Withdrawal of petition Particular considerations for H-1B employees LCA issues Return transportation Dependents

18 Immigration Update I-9 Compliance
ICE and DOL audits are on the increase Several criminal prosecutions of employers Administrative fines can be substantial Check on your system of accurately completing and maintaining the I-9 forms in your company Do self audits or have independent audits by counsel routinely AND before any inspection by ICE or DOL Consider outsourcing to an I-9 service organization USCIS through the OMB extended approval of Form I-9 to Aug. 31, 2012 Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009

19 Immigration Update (cont.)
E-Verify On September 8, 2009, DHS began implementing a rule that requires certain federal contractors to enroll in and use the E-Verify system to verify the employment eligibility of new employees, as well as current employees who are assigned to work on a federal contract.

20 Immigration Update (cont.)
H-1B Audits USCIS Fraud Unit Site Visits Continue Over the past year, employers have continued to experience unannounced site visits by USCIS’ Office of Fraud Detection and National Security FDNS conducts site inspections to verify the information that employers provide in their immigration petitions. Site visits have focused mostly on H-1B petitions, though inquiries on other types of cases are possible. Some employers have reported receiving multiple site visits, each pertaining to a separate petition and foreign worker.

21 The Impact of the Economy on U.S. Immigration
I. In A Weakening Economy Fewer jobs – Higher unemployment. November % Lower salaries Higher enforcement Restrictive immigration laws No distinction made between legal and illegal immigration Xenophobia

22 The Impact of the Economy on U.S. Immigration
II. In A Growing Economy More jobs – Lower unemployment. 10% in December 2009 9.7% in January 2010 More jobs for highly qualified individuals Higher wages and salaries More favorable pro-immigrant legislation Xenophobia continues

23 Salary Reductions & Leaves of Absence for H-1B Employees
Labor Condition Application (LCA) obligations The higher of the prevailing vs. actual wage = required wage Employer must re-file LCA if required wage not met Filing of H-1B amendment may be required Leave of Absence, Furlough, etc. Does the leave for absence or furlough result in a reduction in salary? Cannot “bench” under LCA rules Need to update the LCA If so the H-1B petition must be amended Thank you Alan for setting the scene, and providing us that background. As employers attempt to make their way through this serious economic downturn, we see a host of creative cost saving measures being implemented across the country. From Salary Reductions throughout the company, to more innovative practices such as furlough’s or week long site closures, that even the State of California has implemented. Lets examine some of the practices and discuss the immigration implications. Salary Reduction – (a number of companies are reducing wages across the board for every employee, 5, 10, 15%) Any time an H-1B worker’s wage is reduced, the employer must examine the LCA associated with the H-1B to see what the prevailing wage listed on the LCA is. LCA obligations The higher of the prevailing vs. actual wage = required wage If the salary reduction will remain above the prevailing wage, the employee’s salary can be reduced safely without an LCA violation. However, the reduction cannot take the employee’s salary below the listed prevailing unless a new LCA is obtained. For example. The LCA lists the prevailing wage as 60K , the salary is currently 65K, but with a 10% salary reduction the salary would be approx. 59K . The employer can only legally reduce the Salary to 60K. As immigration counsel you may want to raise the employment law question, Can H-1Bs be treated differently that US workers under applicable State and Federal laws ? Certainly there is a federal law prohibiting the employer from lowering the salary lower than the prevailing wage. Another alternative is to consider amending the LCA. This is only worthwhile if the employer can find a prevailing wage that supports the wage proposed with the salary reduction. Unfortunately most prevailing wage sources have not kept up with the rapid decline in wages and it might be hard to find a source that supports the new wage. In addition, sometimes just the cost for legal fees of amending the LCA may be more than what the employer would save in reducing the salary. Does change in Salary require I-129 amendment? – The standard test for whether an H-1B should be amended is if there is a ‘MATERIAL CHANGE”. In an AILA liaison meeting with the Service Center operations in July of 2003, the Service said that the reduction of salary below that listed on the I-129 but still in compliance with the LCA would not be considered a material change, and no notice would be required. Leave of Absence, Furlough, etc – The Does the leave for absence or furlough result in a reduction in salary? Is there “benching” under LCA rules? Must LCA be updated? If so must the I-129 must be amended? Can H-1Bs be treated differently that US workers? 23

24 Changes in Job Duties and Employing Legal Entity
Changes in Job Duties or Job Location Job Duties If new duties are a “material change”, the government may need to be notified and petition amended Job Location – typically only relevant for H-1B employees May require LCA posting and/or I-129 amendment Other Visa Categories Evaluate whether notice of termination should be provided to government or other program sponsor Another possible scenario as employers find creative solutions to getting through the economic downturn, is to restructure the company and or move people around to new jobs or job locations. All of these scenarios require an evaluation as to whether the foreign national remains eligible for the visa category and whether an amendment or notice need be filed with the immigration Service. For H-1B visas the standard established in the regulations is that an amended petition be filed “to reflect any material changes in the terms and conditions of employment or training or the alien's eligibility as specified in the original approved petition.” Job location has not been considered “material” unless a new LCA is required. If the employee transfers to a location not included on the I-129 but is covered by an LCA that was in place prior to the employee’s move, no need to amend the H-1B. (Ephram Hernandez) However, if there are any changes to the job duties , the employer must evaluate whether they rise to the level of a “material change”. A change in Job duties that would affect the original assessment of H-1B eligibility would require an amendment be filed. For example, if an H-1B changed from one specialty occupation to another specialty occupation, an amended I-129 should be filed. Many companies are also finding themselves restructuring, merging, and reorganizing. Over the years the service has said a simple change in name does not require an amendment. Certainly under AC21 any company that has merged or has reorganized, and can argue and H-1B employee has moved to a “successor in interest” company would not need to amend the petition, (however the employer would need to either assume the liability for the old LCA or file a new LCA) If However an employer with multiple entities simply moves the employee to another legal entity, without restructuring, or a “successor in interest” argument, an amended I-129 would be required. Other visa categories. L-1s do require amendment, Most categories do require amendment when moving to a different legal entity unless there is a SSI argument 24

25 Impact on Foreign Nationals’ Immigration Status
When is the Employee “Out of Status”? Options available to terminated employees Depart U.S. Change of status to another visa classification Secure position with another U.S. based employer Timing No “grace period” in the regulations Unlawful presence issues Withdrawal of petition 25

26 How does Layoff affect PERM?
If Employer has layoffs: In the same geographic area; and In same or similar position; and Of potentially qualified U.S. worker(s) Then: Employer must wait 6 months after layoff to File new PERM for these locations and positions

27 When is I-140 “Portable”? I-485 pending 180 days
“Same or similar occupation” New position is in same or similar occupational classification Change in position within same employer or to different employer Priority date an I-140 approval remains with foreign national employee

28 I-485 Portability Miscellaneous Portability points
Geographic area not relevant Wage should not be sole factor in determining “same or similar” Multinational managers or executives can take advantage of portability Foreign national must have new offer of employment at the time the I-485 is being adjudicated under portability and must have notified USCIS If I-140 withdrawn prior to I-485 pending 180-days, no longer eligible for I-140 portability If I-140 withdrawn, denied or revoked after I-485 pending for 180-days, foreign national remains eligible for I-140 portability

29 Comprehensive Immigration Reform in 2010?
2007 House approved CIR, failed in Senate Presidential promised CIR, delayed by Health Care The recovering economy will be a positive factor Concerns about “Amnesty” and “Path to Citizenship” Fines - Tax Returns - No Criminal or Immigration Record Possible Points System replacing Preference System Will legal & illegal immigration concepts be unscrambled Politically very sensitive. Xenophobia remains. For 2010 CIS may be enacted. There are so many perceived and actual obstacles delaying the process. The CIR for America’s Security and Prosperity (CIR ASAP) Act of 2009 was introduced on December 15, 2009. Details will be found in the separate hand out

30 B-1 Business Visitors Persons coming to the U.S. in B-1 visa status must comply with all of the following requirements: Enter the U.S. for a limited period of time Intend to depart at the end of the temporary period of stay Maintain a foreign residence with no intent to abandon the same Possess financial means adequate to stay in the U.S. without working in the U.S. Engage solely in legitimate business visitor activities

31 B-1 Business Visitors On foreign payroll
Activity in U.S. benefits foreign employer Business meetings, training, & joint development projects Visa Waiver Program - 36 participating countries 90-day maximum stay Must obtain electronic pre-approval before departure for U.S. Ineligible for change of status

32 Export Control Transfer of sensitive technologies and the resulting implications for the hiring, visa processing, immigration status and deployment of foreign nationals Develop programs for : Risk assessment Preparation and monitoring of license applications Development of compliance management systems

33 F-1 Students Academic studies: elementary through postdoctoral
admitted for “duration of status” (D/S) Full-time matriculated student at approved school “Optional Practical Training:” pre- or post-graduation total = 12 months; part-time during school year, full-time during vacations and after graduation; OPT extension available for some science, technology, engineering, math (STEM) graduates need employment authorization document (EAD); School endorsed I-20,issued via Student and Exchange Visitor Information System (SEVIS), a web-based system for generation of Forms DS-2019 and tracking not tied to particular employer “Curricular” practical training if part of educational program Need letter from school School endorsed I-20 (issued via SEVIS System)

34 J-1 Trainees Exchange visitor program
Categories include trainees, interns, research scholars, specialists, students Emphasis on reciprocity, cross-cultural activities, and orientation Some J’s must return to home country for 2 years after completion of program or seek waiver of this requirement skills list government funding graduate medical education SEVIS applies

35 L-1 Intracompany Transferees
Intracompany Relationship: Parent, subsidiary, affiliate, branch or joint venture Prior Employment Abroad: 1 year within 3 years preceding transfer to U.S. Qualifying Capacity: Executive, Managerial (L-1A) “Specialized” Knowledge (L-1B) Duration: L-1A = 7 years L-1B = 5 years

36 H-1B Category: USCIS Provisions
“Specialty Occupation” -- Entry level requirement = minimum Bachelor Degree or equivalent 3 for 1 rule -- 3 yrs. experience = 1 yr. of college Labor Condition Application (LCA) certified prior to filing petition Six-year maximum stay (can extend beyond 6 years under certain circumstances - AC-21) 65,000 annual ceiling, of which 6,800 are set aside for citizens of Chile and Singapore 20,000 additional visas allocated to holders of advanced degrees from U.S. universities Reasonable costs of return transportation for dismissed employee

37 Labor Condition Application
Filed with U.S. Department of Labor Attests to four basic conditions Wages Working conditions No strike or lockout Notice Wage offered must be the higher of Prevailing Wage or Actual Wage paid to similarly situated employees H-1B dependent vs. nondependent employers Public access file

38 E’s, O’s & P’s E-1 Treaty Trader E-2 Treaty Investor
O-1 Persons of extraordinary ability P Internationally recognized athletes or entertainment groups

39 PERM Labor Certification Process
Program Electronic Review Management One standardized system Electronic application process Strict advertising, recruitment and posting requirements Must obtain prevailing wage determination before filing

40 Key Aspects of PERM (cont’d)
Processing times vary widely; cases selected for audit experience lengthier processing time Some changes to eligibility standards for foreign nationals Strict recordkeeping and documentation requirements Applications subject to DOL audits based on predetermined factors or at random

41 Adjustment of Status Can file concurrently with preference petition if priority date is current Immigrant visa must be available for preference category and foreign national’s country of birth/ chargeability Filed at USCIS Service Center Nebraska or Texas

42 Consular Processing Similar requirements as for adjustment of status
Some additional documentation necessary (police clearances, military service certificates) Application processed through U.S. Embassy/Consulate abroad Mandatory for certain foreign nationals

43 Changes of Address USCIS notification required within 10 days of change for principal and all family members. File electronically or in hard copy on Form AR-11. AR-11 will not update addresses on pending filings; must separately notify appropriate USCIS adjudicating office of change.

Passport must be valid for six months beyond date of intended stay in U.S. DS-160 –online nonimmigrant visa application will be mandatory from April 1, Prior Forms, DS-156, DS-157 etc. are being replaced by Form DS - 160 Photo Fees - $131 + applicable reciprocity fees increased fees imminent (see next slide for proposed new fees) F/M/J SEVIS visa fee - $200 for F-1s, $180 for J-1s Same documents for family members Original Notice of Approval, Form I-797 (if applicable). A copy should be acceptable.

45 Proposed New Fees to Apply for a Visa in 2010
Under the proposed rule, applicants for all visas that are not petition-based, including B1/B2 tourist and business visitor visas and all student and exchange-visitor visas, would pay a fee of $140. Applicants for petition-based visas would pay an application fee of $150.  These categories include: H, L, O, P, Q and R visas.  H visa for temporary workers and trainees The application fee for K visas for fiancé(e)s of U.S. citizens would be $350.  The fee for E visas for treaty-traders and treaty-investors would be $390.

46 ENHANCED ENFORCEMENT DHS has authority to administer and enforce visa-related law Obtaining a visa is a privilege, not a right General delays and unpredictability Embassy security and shutdowns Heightened scrutiny of applicants New petition approval verification requirements (PIMS) Travel advisories for U.S. citizens Review of Visa Waiver countries 8

47 Visa Waiver Program Visa-free entry and stays of up to 90 days
Available to nationals of 36 countries: Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Liechtenstein, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, and the United Kingdom Passport requirements: E-passport – if passport issued on or after 10/26/06 Digital photograph – if passport issued btw 10/26/05 and 10/25/06 Machine-readable passport – if issued btw 10/26/04 and 10/25/05 ESTA – Electronic System for Travel Authorization: new online advance authorization system for VWP travelers. Became mandatory on 01/12/2009.

48 ENTRY INTO THE U.S. US VISIT Entry “check in” system
Photographing and fingerprinting upon entry Applies to all NIV holders and Visa Waiver Program travelers Effective 1/19/2009, applies to all U.S. LPRs, most Canadian citizens (except Canadian visitors for business/tourism, transiting travelers, unless inadmissibility waiver required) Exit procedures currently suspended NSEERS (“special registration”) For certain nonimmigrants Requires fingerprinting, photographing & secondary inspection; follow-up registration at DHS discretion Departure through designated ports only Change of address/employment/school on Form AR-11SR

49 Form I-94 Form I-94 Arrival/Departure Record Card (I-94 card)
Date of issuance Status classification Date of expiration of legal status Admission number

Passport now required for air entries from within or outside of Western Hemisphere. Evidence of citizenship and identity required for land/sea entries from within WH. No visa required (except for A, E & G visas) Inspected and issued I-94 (except visitors) at airport or border Eligible for TN status May process L-1 at border

51 MAXIMUM STAY H-1B - 6 years w/ possible addl. Extensions
L-1A - 7 years L-1B - 5 years O - no maximum F (EAD) - 12 months; 12 month post-completion OPT extension available for certain science, technology, engineering & math graduates J - 18 months for trainees; 12 months for interns TN - no maximum but 3 year increments E - no maximum

52 FOR MORE INFORMATION United States Citizenship and Immigration Services (USCIS) Department of Homeland Security U.S. Embassy and Consulate Information (DOS) Department of Labor (DOL) Social Security Administration (SSA)

53 1986 IRCA Legislation Had Shortcomings
Creation of I-9 was quid pro quo for amnesty Millions legalized if here from But borders never got sealed Shortage of unskilled workers developed False documents were easily available

54 ICE Machine Gearing Up ICE now being told to target employers
Quid pro quo for new amnesty Some industries will be short-term casualties ICE targeting wholesale violators 650 employers notified in July 2009 1,000 in December 2009

55 Good Faith Defense Do the documents appear genuine?
Constructive notice? Obvious fake docs, SSA mis-match letters, other conduct ICE Knows I-9 Rules are Complex ICE Looking for Good Faith Compliance

56 Penalties Fines based on conduct $110 to $16,000 per occurrence
Criminal penalties for pattern and practice Up to 5 years in prison Debarment as federal contractor

57 I-9 Self Audit Proactive approach best
I-9 self audit of entire company Hire counsel to assist Terminate unauthorized workers Correct I-9’s that were done wrong

58 E-Verify I-9 Verification
On line system to verify I-9 documents Partnership between DHS and SSA US CIS administers the program ICE looks favorably on use of E-Verify Queries DHS and SSA Databases

59 E-Verify Statistics 96% verified to work within minutes
4% receive tentative non confirmations (TNC) requiring follow up TNC – 3% to SSA, 1% to CIS Final Non Confirmation: 3.5% System much more accurate now

60 E-Verify Fed Contractors: Effective September 8, 2009
Congress may moot litigation $100K per year in biz with fed govt Subcontracts -- $3k per year Also required for STEM extensions Many states now require E-Verify

61 Common Work Authorization Documents
Drivers License and SSN Restricted SSN never valid for work U.S. Passport or Green Card U.S. Birth Cert & Photo ID Work Permit Foreign Passport and Certain I-94’s

62 E-Verify Registration
Register on-line with US CIS No fee Memorandum of Understanding (MOU) Designate corporate administrator 3rd party agent can submit data

63 E-Verify New Hires Only at this Time Must Obtain SSN from New Hire
Don’t need SS Card For I-9 List B doc, Need Photo ID Not Considered Discrimination Complying with MOU

64 E-Verify Photo Screening Tool
Photo verification capability Help detect identity theft Checks photos, CIS & DOS databases Drivers Licenses Photos not in Database

65 Problems with E-Verify
Doesn’t detect stolen Identity docs TNC 8 Day Drill Can Be Difficult States Not Sharing Data with DHS Litigation Congress indecisive re future of the program

66 Future of E-Verify Administration Supports E-Verify
Data continually improving Privacy concerns outweighed by protection of US Workers Technology will lead debate towards greater use Possibly a national ID card with fingerprints and photo

67 Immigration to the USA through Investment in EB-5 Green Card Program
September 2008

68 LEGAL REQUIREMENTS Investment of US$1,000,000 US$500,000, if
Rural Area Metropolitan Statistical Areas – MSA cannot be rural High Unemployment Area (150% of National Average) Creation of 10 Jobs US Workers

Include: Principal investor Investor’s Spouse Investor’s Children unmarried and under 21-year old (At Time of Admission into the US after Consular processing or Final Interview where adjustment of status approved in the US) Spouse and older children can work Children Can Go to Public or Private Schools

After admission some family members may wish to return to home country Permit can be obtained to lawfully remain out of the USA for up to 2 years after commencement of Conditional Permanent Residence Formalities MUST be carefully followed and application and biometrics completed while IN the US. The Reentry Permits may be renewed

Steps – Filing of form I-526 Petition at USCIS (4 to 6 months; average 5 months) Approved I-526 Petition Processed at National Visa Center (NVC) (2 - 3 Months) NVC Sends Petition to US Consulate for Final Interview (2 – 9 Months) Timing will vary for US consuls around the world

Steps, Con’t If the Investor is in the US the case may be processed as an Adjustment of Status (AOS) in the US Work authorization (EAD) and if qualified, travel documents (Advanced Parole) will be issued to the investor and her or his qualifying family in about 90 days after filing the AOS (Form I-485) The processing time of the AOS will take about 9 months or more from date of filing.

2-Year Conditional Residence (CR) Continued Investment and Employment Creation Submit Application for Removal of Condition 90 days before 2nd year anniversary and not later than the 2nd anniversary of the CR Divorce from spouse or marriage or aging out of children after CR will not stop removal if all else is OK Estimated processing time 6 months or more

Eligible to Apply for US Citizenship after 5 years from date of Conditional Permanent Residence Conditional Permanent Resident and Permanent Resident Expectations: Reside in the US (See reentry permits) Pay taxes as a US Citizen Pass the English and civics tests

Most Common Issues Lawful Source of Funds Trace of Investment Money – Every dollar must be legally obtained and accountable May be loan or gift from family, friends or company. Origination of loan or gift funds MUST be proved to be from a lawful source Bank loans – not secured by the investment do qualify

Most Common Issues Ability to maintain business and active management Ability to prove 10 full-time legal employees Investment has to be at risk No guarantees are given or are permitted by law

Regional Center Authorized Investment Vehicle Can Count Direct and Indirect Employment Creation Must still prove every case that jobs will be created, directly or indirectly Approval is not automatic Investment is NOT US Government Approved No need to be actively working in the business Investor is a Limited Partner

MUST get independent business and tax advice Must conduct own due diligence Fragomen, Del Rey, Bernsen & Loewy, LLP advises only on immigration law and practice issues and will file the cases By law investment is at risk with NO guarantees For an updated list of all registered Regional Centers please see the USCIS website at:

All times for processing referred to in this presentation are estimates based on current processing time as published by the USCIS or as experienced No timing can be guaranteed nor can an approval of a case be guaranteed by anyone. The process is in the sole and complete authority of the US Government, Department of Homeland Security, USCIS and the Consul at the consular post or embassy which falls under the US State Department (DOS).

80 Questions / Discussion

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