Archive for the ‘Business Immigration’ Category.

Access to Counsel Should be Non-Negotiable

“Wait, you mean to tell me you are not allowed to contact a lawyer at the airport?”

That is a familiar response when I tell people of the lack of any protocol for allowing access to counsel to those who are coming into the United States from abroad. The fact is, when someone enters the country, whether a U.S. citizen, permanent resident, valid visa holder, or visitor without a visa, the decision to permit that person to contact their attorney for assistance or advice when problems arise is completely up to the officer’s discretion under current procedures.

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5 Questions and Answers about the EB-5 Program

It’s pretty rare that an investor visa gets press attention from all over the world. But this is exactly what happened when reports surfaced of Jared Kushner’s sister promoting the EB-5 visa in China. What I saw repeatedly in coverage was confusion about the EB-5 program, what it is designed to do, and how the Kushner family might be involved.

First, what is an EB-5 visa? It is an employment-based immigrant category that enables foreign nationals to qualify for green cards based on investment and employment creation in the United States. To be granted an EB-5 visa, a foreign national may invest $1 million in a U.S. business and employ 10 U.S. workers or invest $500,000 in either an area of high unemployment or through the Immigrant Investor Pilot Program. Projects included in the Immigrant Investor Pilot Program must be able to promote economic growth in a geographic region of the U.S. through increased export sales, improved regional productivity, job creation, and increased domestic capital investment.

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