Klasko, Rulon, Stock & Seltzer, LLP Articles
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50 Ways to 30 Waivers: The Conrad State 30 Program
INTRODUCTION
Foreign national physicians in J-1 status for purposes of graduate medical education and training (GME) are subject to a two-year home residency requirement. This requireme...
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A Door To U.S. Citizenship
Traditional methods of getting U.S. permanent residence—a green card—have not been a good fit for wealthy internationals who may want to retire or have a second home in the U....
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A Look at Material Change as Defined by the December 2009 EB-5 Neufeld Memorandum
The December 11, 2009 Neufeld Memorandum regarding material changes in business plans is misguided and legally deficient in a number of respects. The issue of material change has ar...
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Advising Clients on Regional Center vs. Individual EB-5 Petitions
Advising Clients on Regional Center vs. Individual EB-5 Petitions
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Checklist for Prospective Investors and Entrepreneurs under U.S. Immigration Laws
We generally discuss with prospective investors four options available to them under U.S. immigration laws:
L-1 (Intracompany transferee),
E-2 (Treaty Investor – only av...
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Counseling Developers About EB-5
We regularly counsel developers interested in attracting foreign investors under the EB-5 program. We review various options, including:
Advantages and disadvantages of seeki...
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Demystifying the HHS Waiver Process
The 'J' exchange visitor program permits researchers, scholars, professors, medical trainees, and others to come to the United States to participate in a sponsored program. According to...
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Dissecting USCIS' E-1-1 RFE Template
U.S. Citizenship and Immigration Services (USCIS) recently instituted a practice of posting its guidance and request for evidence (RFE) templates, and allowing stakeholders to comment. By...
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Does the EB-5 Program Belong at USCIS?
Does the EB-5 program belong at USCIS? That is a question actively being discussed in meetings I have attended both with Congressional offices and with high-ranking USCIS officials....
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EB-5 Job Creation: What to Do When Plans Change
INTRODUCTION
This article is intended to fill a void in the existing EB-5 literature. There are plenty of articles discussing the requirements of job creation in EB-5 cases.[1]&nbs...
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EB-5 Legislation Under Consideration
The climate for EB-5 legislative change appears to be favorable for a number of reasons. In the Senate, the Chair of the Judiciary Committee, which will consider immigration legisla...
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Employment of Foreign Nationals in the United States
An important source of international expertise and professional skill is found at United States universities and colleges. Many have extensive international programs bringing the best y...
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Extraordinary, Outstanding and National Interest Foreign Nationals
The Immigration Act of 1990 provided for the first time a special expedite process for foreign nationals who are either 'aliens of extraordinary ability,' those whose immigration is in ...
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Foreign Physicians Face Tough Immigration Hurdles
There are diverse views as to whether there are too many or too few foreign doctors in the United States. This controversy is at the heart of a rather convoluted scheme of immigration l...
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Frequently Asked Questions: Employment-Based Permanent Resident Status or "Green Card"
Q. What is a “green card”?
A. A green card, also known as a “Permanent Resident Card”, “Alien Registration Receipt Card” or “Form ...
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Frequently Asked Questions: Green Card Quota Backlogs
Q. WHAT IS THE “QUOTA BACKLOG”?
A. The Immigration and Nationality Act sets limits on how many green card visas may be issued each Fiscal Year (October 1 through ...
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Highlights of June 17, 2009 USCIS memorandum on EB-5 Job creation
USCIS has amended the Adjudicator’s Field Manual relating to job creation. In some cases, the memorandum clarifies ambiguities in the regulations, and in other areas the memor...
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Highlights of USCIS memorandum dated June 12, 2009 relating to Ombudsman EB-5 recommendations
The USCIS memorandum addresses each of the Ombudsman’s EB-5 program recommendations. In most cases, USCIS declines to follow the Ombudsman’s recommendations. The hig...
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How to Improve the Impact of Reference Letters Establishing Extraordinary Ability
James Joyce is revered as one of the greatest writers of the Twentieth Century. There is the James Joyce Quarterly, which brings together a wide array of critical and theoretical work f...
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Invest in the U.S.: Create Jobs, Get a Green Card
Traditional methods of getting U.S. permanent residence (green card) have not been a good fit for wealthy internationals who may want to retire in the U.S. or have a second home in the U....
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Investing in the U.S.: A Solution for South African Immigrants
The U.S. immigration system has traditionally not been an ideal fit for South African businessmen and investors who want to relocate to the U.S. Many countries have investment treat...
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J-1 Waiver Through Medical & Health Related Research: The HHS Waiver Process
Introduction
Foreign nationals entering the U.S. may be subject to a two year home residency requirement if they either received U.S. or home country government financing, their field...
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Leaving No Stone Unturned: Considering Every Option for Physician Waivers
INTRODUCTION
When consulting with an individual in J status, it is usually appropriate to evaluate whether the exchange visitor (EV) is subject to section 212(e) of the Immigrati...
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National Interest Waivers - Obtaining Fast Track Permanent Resident Status With or Without a Job Offer
When a National Interest Waiver May Be the Preferred Course of Action
Many of our clients perform very important services of significance or potential significance to an important govern...
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New Developments in EB-5s (June 2009 to June 2010)
The following are new developments, or clarifications, coming from EB-5 stakeholders meetings and memoranda during the above time period:
Condition Removal
If a derivative has not...
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Options for J-1 Clinicians: The O-1 Visa
Every foreign physician on a J-1 visa sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) for the purpose of clinical medical training is subject to the two-ye...
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Permanent Residence Strategies for the Best and the Brightest after PERM
Without question, the implementation of PERM necessitates a reevaluation of strategies for obtaining permanent resident status. This article will analyze how, if at all, these strategie...
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Post-Training Options for International Medical Graduates
Our firm regularly advises and represents international medical graduates (IMGs) completing training programs in developing immigration plans to match their professional plans. Based up...
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Pre-Approval of Investment Projects Will Make EB-5 More Attractive to Investors
The current process by which individual investors in regional centers file for EB-5 classification makes no sense and leads to inconsistent adjudications for investors in the same project...
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Recent Updates from USCIS on EB-5
The USCIS Quarterly EB-5 Stakeholders Meeting took place on June 16, 2010. Most of the meeting was a review of USCIS policies and procedures on EB-5s.
Two new interpretations...
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Regional Centers EB-5s: Gold Mine or Fools Gold?
The Regional Center EB-5 program is one of the hottest topics in U.S. immigration. The number of Regional Center EB-5 petitions has increased well over 100% in the last 24 months.&n...
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Strategies for Documenting Lawful Source of EB-5 Invested Funds
USCIS’s definition of "capital” for EB-5 purposes excludes “assets acquired, directly or indirectly, by unlawful means (such as criminal activities)” 8 C.F.R....
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Strategies for Exchange Visitors to Avoid a Two-Year Return-Without Getting a Waiver
I. Introduction
Exchange visitors are subject to a two-year home country physical presence requirement only if (a) their program was financed by an agency of the U.S. government or thei...
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The Impact of the Four Precedent Decisions on EB-5 Practice
This article presents a summary of the requirements imposed upon alien entrepreneurs by four precedent decisions issued by the former INS Administrative Appeals Unit: In re Soffici, 22 I&...
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The O-1 Visa
This information is to provide a general understanding of the O-1 visa and the eligibility requirements. It is for informational purposes only. If you believe you are a candidate or would...
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Three Options for Developers Seeking Capital under the EB-5 Program
The EB-5 program has proven to be a popular vehicle for developers seeking capital. However, a misconception has evolved in the developer community that creating a new regional center is ...
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U.S. Permanent Residency through Investment
Much has been written about restrictions on the ability of people to immigrate to Ireland. But what are the chances of a wealthy Irish national being able to spend his retirement ye...
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Understanding The Two Year Home Residence Requirement and Waivers
Many professors and researchers come to the United States in J-1 nonimmigrant status as Exchange Visitors; indeed, the Professor and Researcher subcategory of J-1 is broadly used by insti...