DHS proposing to eliminate concurrent filings could impact visa petitioners.

U.S. Department of Homeland Security Proposes to Eliminate Concurrent Filings

In this new announcement published earlier this month, the Department of Homeland Security (DHS) is proposing to eliminate the ability to concurrently file visa petitions (I-130 Family Based Petitioners and I-140 Employment Petitions) with adjustment of status applications (I-485) for those within the United States seeking to acquire permanent residence status. This proposed change would affect all “preference category” applicants, meaning siblings of adult U.S. citizens. Parents, spouses, and children under 21 years of age would not be affected by this.

Currently, concurrent filing is available in the following situations:

  • Immediate relatives of U.S. citizens living in the United States
  • Most employment-based applicants and their eligible family members when a visa number is immediately available
  • Special immigrant juveniles if an EB-4 visa number is immediately available and USCIS has jurisdiction over the application to adjust status.
  • Self-petitioning battered spouse or child if:
    • The abusive spouse or parent is a U.S. citizen, or
    • If an immigrant visa number is immediately available
  • Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA) Special Immigrant International Organization Employee or family member

An applicant must be in the United States to concurrently file. It is important to note that the proposed change right now only mentions eliminating concurrent filing for “preference categories” in the visa bulletin, leaving immediate relatives out of harm’s way. However, this will affect most employment-based petitions where a visa number is currently available.

This change will require visa petitioners to maintain some kind of nonimmigrant status while their petition is pending and force them to wait longer to apply to adjust status in the United States, despite a visa number being available.

You can read more about concurrent filings here.

The experienced attorneys at David Hirson & Partners, LLP are ready to help you with any changes to U.S. immigration processes and procedures. Contact us to receive answers to your corporate- and family-based immigration questions:

Telephone: (949) 383-5358       Email: info@hirson.com       Website: www.Hirson.com

4 Steps to become a U.S. Resident through Perm Labor Certification

4 Steps to U.S. Permanent Residency Through PERM Labor Certification [Infographic]

Employers play a big role in an immigrant employee’s ability to obtain U.S. permanent resident status. An employer must often provide a labor certification as part of the application process. This important step is a requirement to apply for a green card for may workers. Providing a labor certification, often referred to as a “PERM,” is more than just filling out a form, however. It requires that employers go through a three-step process, after which there is only one more step required for the employee to obtain resident status in the U.S.

How to obtain permanent residence through PERM Labor Certification.

1.      Make a Prevailing Wage Request (PWR)

The Immigration and Nationality Act requires that wages offered to immigrant workers will not negatively affect the rates that workers in the U.S. earn while they are employed in a similar job. To ensure that salaries are comparable for purposes of obtaining a labor certification, an employer must request a PWR from the Department of Labor (DOL).

Of course, wages vary significantly across geographic areas and industries. Employers can determine whether their position has a comparable salary by using the Foreign Labor Certification Data Center Wage Library. This is a good place to start if you are unsure if your job provides a prevailing wage based on the market in your area.

The employer must make a PWR by visiting the U.S. Department of Labor’s website. The employer will provide various details about the job to determine what a minimum wage that must be offered may be. These details include things like:

  • Worksite location
  • Job requirements
  • Qualifications necessary
  • Job duties
  • Hours and working environment

Giving this information to the DOL is a requirement to obtain a labor certification, so employers should hammer out these details long before making an offer to a potential worker.

2.      Recruiting and Advertising

As an employer, you must demonstrate to the DOL that there are no qualified workers that are willing and able to fill the position. Part of that process includes a “good faith” recruitment and/or advertising effort. That usually consists of advertising or using recruitment efforts that are normal for the industry; it also includes three mandatory recruitment efforts:

  • Place an ad with the state workforce agency in the state where the work will be located.
  • Place newspaper ads on two different Sundays for the position. The newspaper should be one of major circulation in the intended area of employment.
  • Set out an ad or post a notice of the job opportunity at the worksite location.

If the position is professional, the employer must select three other methods of advertising to meet the requirements. All recruitment and advertising efforts must be no older than 180 days from when you file the PERM application.

3.      File ETA Form 9089

Next is to actually file ETA Form 9089 with the DOL. The DOL recommends that employers complete this form electronically, but it can also be submitted by mail as well. You provide much of the same information about the position requirement as was supplied with the PWR and details regarding the efforts you took to recruit or advertise. The form will also include information about the proposed worker, including:

  • Place of birth
  • Work experience
  • Educational background
  • Other relevant credentials

Once you submit the application, you must wait several months for the DOL to approve the filing. It can take even longer if the PERM is audited. The DOL will request additional information regarding any aspect of the application if it is reviewed.

  1. File Form I-140 to Obtain Permanent Residency

Only after the first three steps are completed can you obtain a labor certification that is necessary for the I-140 immigrant visa. The employer can then petition on behalf of the immigrant employee for permanent U.S. residency.

Having an attorney walk you through this process can save valuable time and money. The team at David Hirson & Partners, LLP is available to help! Contact us for more information or schedule an appointment.

Telephone: (949) 383-5358      Email: info@hirson.com      Website: www.Hirson.com

EB-5 Expo in South Korea

David Hirson & Partners, LLP Sponsors and Presents at the 2018 EB5Investors EB-5 Expo in South Korea

 

EB-5 Expo in South Korea

 

David Hirson & Partners, LLP (“DHP”) is proud to have sponsored and presented at the EB5Investors 2018 EB-5 Expo in South Korea, hosted by EB5Investors Magazine. When the EB-5 Program first began in the 1990’s, South Korea was originally the top EB-5 market, outnumbering investors from Mainland China. Over the past 20 years, South Korea has generated a steady stream of EB-5 investors. Korean investors, who are very familiar with the advantages of the EB-5 program, tend to be highly sophisticated and financially savvy professionals such as doctors, lawyers, accountants and businessmen. This EB-5 Expo featured interactive panels which discussed topics such as the EB-5 application process and understanding source of funds documentation. Other topics included the mindset of Korean investors, how the EB-5 program impacts investors, and where the EB-5 program is heading in the near future.

 

Panel discusses issues for South Korean investors

Attorney Evelyn Hahn, Partner at DHP, and Jessie Park, Director of Korean Marketing at DHP, were present at this event. Evelyn moderated the panel on “Common Issues Facing Korean Investors”, which comprised of top migration agents in South Korea. This panel discussed common issues encountered by Korean investors such as: project standards for Korean investors, prospects of popular EB-5 projects in 2019 in Korea, Korean investors’ issues with source of funds, overseas remittance formalities in Korea, prospects of the EB-5 market in Korea after the future increase in investment amounts, etc. These panelists and Evelyn were able to provide the audience with unique and helpful insights based on their extensive experience working with Korean investors over the past several years.

David Hirson & Partners, LLP is proud and honored to be working with our partners and clients in South Korea. We are one of the very few EB-5 law firms in the U.S. with a team dedicated to Korea’s EB-5 market. Please contact our experienced team members for more details about the Korean EB-5 market and more information about how to go through the EB-5 immigrant investor visa process.

Telephone: (949) 383-5358      Email: info@hirson.com      Website: www.Hirson.com

Franchise Investment and Immigration Seminar

“Reside Legally In The US Through A Franchise Investment” Seminar in Costa Mesa and Seattle

David Hirson & Partners LLP, Visa Franchise, and Turquoise Tax Advisory* will host five investment immigration seminars in Seattle, Washington and Costa Mesa, California this October. The seminar, “Reside Legally in the US through a Franchise Investment,” is geared towards foreign nationals seeking to reside legally in the U.S. through the E-2, EB-1c or EB-5 visas. English, Chinese, and Spanish events will be available. Find more information on the dates and locations below.

Flyer for Hirson Franchise Investment Seminar

Seattle, Washington 7:00-8:30 PM

David Hirson & Partners LLP | 800 5th Avenue | Suite 4100 | Seattle, WA 98104

Costa Mesa, California 3:00-4:30 PM

Law Offices of David Hirson & Partners, LLP | 1122 Bristol Street | Costa Mesa, CA 92626  

Agenda

E-2, L-1, EB-1c and EB-5 Visas – The Basics, The Requirements and US Immigration Updates

The United States Franchise Market and Opportunities for Foreign Investors

*Pre-Immigration Planning, Business Tax Planning and Entity Structuring

Questions & Answers

David Hirson & Partners, LLP 

David Hirson & Partners, LLP with offices in Costa Mesa, California and Seattle, Washington, has over 30 years of experience in corporate, business and investment immigration, and the foundation of our practice is the lasting relationships we have built within the community.We proudly support a diverse client base that spans across local, regional and national levels. Our business immigration practice provides a full range of services, including an EB-5 investment immigration practice that is nationally recognized for individualized attention and expertise. From all of us at David Hirson & Partners, we look forward to serving your legal needs.

Visa Franchise

At Visa Franchise, we specialize in helping foreign nationals find the best franchise investment that will qualify them for an E-2, EB-1c, or EB-5 visa. Our goal is to simplify the process by finding and analyzing the best franchise investments for our clients and their family based on their own unique profile. We have advised hundreds of clients from over 35 countries around the world. Testimonials can be found on our website here. If you are interested in owning a franchise please reach out to info@visafranchise.com or call us at +1-888-550-7556.

Turquoise Tax Advisory

Turquoise Tax Advisory is a Washington State CPA firm that specializes in providing tax services for cross border taxpayers and businesses.  US tax law is one of the most complex fields of law in the US legal system.  Providing accurate and thorough tax advice requires a lifelong commitment to developing the necessary expertise to advise international clients. Deniz Kiral has been a CPA since 1991 and developed his tax expertise through his experience in top internationally public accounting firms and collaborating with leading tax attorneys and accountants in the profession.

*Turquoise Tax Advisory will be in the Seattle, Washington event, but not in Costa Mesa, California

Reach out to us at +1 949.383.5369 or info@hirsonimmigration.com with any questions regarding the event!