July 16, 2014 § Leave a comment
Two years ago it was announced that individuals who came to the US as children and met several guidelines could request consideration of deferred action for a period of two years, subject to renewal.
The time for renewal of the initial two-year grant of deferred action for childhood arrivals (DACA) is upon us and we want to highlight the renewal process. To request a renewal, you must meet the initial DACA guidelines:
- You were under the age of 31 on June 15, 2012
- You came to the US prior to your 16th birthday
- You have continuously resided in the US since June 15, 2007
- You were physically present in the US on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
- Either you entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012
- You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces
- You have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and you do not otherwise pose a threat to national security or public safety
In addition, for your renewal, you must also meet the following:
- You have not departed the US on or after August 15, 2012, without advance parole; and
- You have continuously resided in the US since you submitted your last DACA request that was approved.
We recommend that submissions for renewal occur no later than 120 days before your current period of deferred action will expire; earlier submissions may be rejected with instructions to file closer to the date of expiration.
There is a $380 filing fee for Form I-765 and an $85 biometric fee for a total filing fee cost of $465 paid to the immigration service.
We are happy to answer any questions you may have and we can assist you with the renewal process of your status. Immigration is all we do!
December 13, 2013 § Leave a comment
GoffWilson partner John Wilson will participate in the panel on Immigration from Canada and its Impact on Economic Development in New England on Tuesday, December 17 at the New Hampshire Institute of Politics at Saint Anslem College.
The event, sponsored by Comcast Business, will take place in the New Hampshire Institute of Politics Auditorium from 8:00-9:45 a.m. To register online, click here.
The economic effect of Canadian firms making their way into New Hampshire and Vermont is an increasingly important issue for New England. During this panel, participants will address a range of questions, including:
- Who can participate in the job-creating benefits of the EB-5 program?
- Does the H1B visa fee hinder the development of STEM programs for New England youth?
- Will relaxing the rules for H1B visas help grow the local economy?
- Does the sharing of immigration information make it easier for Canadian companies to invest in New England?
The proposed panel of speakers includes experts with a range of relevant expertise, including:
- John Wilson, Commercial Consul to France, GoffWilson
- Jeff Rose, Commissioner, NH Department of Resources & Economic Development
- Brent Raymond, Executive Director of International Trade & Foreign Investment Vermont EB-5 Regional Ctr., Vermont Global Trade Partnership
The panel will be covered by Fox Business Channel and moderated by Mike Nikitas, New England Cable News (NECN) anchor and host of “This Week in Business.”
We hope to see you there!
November 20, 2013 § Leave a comment
Time after time we are reminded of the devastating impact of natural disasters.
Along with physical destruction and loss of life, these disasters impact a variety of different people and businesses. Typhoon Haiyan (referred to as “Yolanda” by Philippine authorities) formed off of the coast of the Federated States of Micronesia on November 2, 2013 and passed through the Philippines on November 8, 2013.
Recorded as one of the strongest storms on the planet, Typhoon Haiyan left a wake of destruction leaving thousands in precarious situations.
On November 15, 2013, the United States Citizenship and Immigration Services (USCIS) issued a statement reminding Filipino nationals of possible immigration relief measures, if requested. Understanding that natural disasters sometimes make establishing and maintaining a lawful immigration status difficult, USCIS has issued the following measures to ease the process for people affected from this disaster:
- Change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
- Extension of certain grants of parole made by USCIS;
- Extension of certain grants of advance parole, and expedited processing of advance parole requests;
- Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
- Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
- Expedited adjudication of employment authorization application, where appropriate; and
- Assistance to LRPs stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards).
If you, a family member, or someone you know is experiencing immigration difficulties from Typhoon Haiyan, or have questions on what we can do, please give GoffWilson a call; we are ready to help!
April 8, 2013 § Leave a comment
Employers and human resource professionals, do you have questions about how to complete the new 2013 I-9 Form? Don’t miss our training seminar, “The Brand New I-9 Form: How to Complete it & E- Verify for 2013” on Thursday May 16 at the Delta Dental Auditorium in Concord, NH.
We urge you to register early as this event always sells out quickly.
With a revised format and e-verification stipulations, it’s essential you understand how to properly complete the new I-9 which will be required for all new hires starting on May 7, 2013. We’ll cover everything you need to know about the new I-9 Form and how to complete it properly. We will also review E-verify. The workshop will offer extensive I-9 compliance training, with topics including:
- Lists of Acceptable Documents
- Receipt Rules Samples
- Establishing Office Procedures to Ensure Compliance
- Issue Spotting, Retention Requirements and Social Security
- No-Match Letters and E-Verify Requirements
- Federal Contractor and I-9 Compliance Resource Guide
In addition to intensive I-9 training, attendees will receive three hours of HRCI credit, the updated version of the GoffWilson proprietary I-9 manual, and breakfast. Space is limited and this event sells out fast, so register today to reserve your seats!
February 8, 2013 § Leave a comment
Are the number of H visas released on their way up?
Not just yet, but as you have probably heard by now, there is serious discussion going on in the United States Congress to raise the H visa cap.
If the cap is raised, more of these coveted immigration visas would be available for highly skilled candidates. Applications are accepted each year on April 1 for for specialized knowledge professions.
To keep you up to date, here is what we know so far:
- The cap would be floating between 115,000 and 300,000 depending on demand (currently it is fixed at only 65,000 and another 20,000 for those with advanced degrees from U.S. schools);
- The proposal would eliminate the “advanced degree” cap;
- It would allow for employment authorization for spouses in H-4;
- Those already in H could again apply for visa revalidation within the U.S. ( a step eliminated by regulations several years ago);
- It eliminates quotas for STEM degrees.
The H-1B cap increase provisions will be hotly debated and it’s an issue to be followed closely if you’re an employer who hires skilled foreign workers. We will keep you posted on all H visa developments so please check our blawg for the latest news.
If you or your company or someone you know wants to apply for an H-1B Visa, now is the time to do it for employment beginning October 1, 2013. There are limited visas available. Don’t get left out! Contact GoffWilson today. Immigration law is what we do!
January 16, 2013 § Leave a comment
The E-2 visa is one of the most advantageous nonimmigrant visas available to foreigners who want to stay and work in the United States.
This investment visa is available for nationals of 80 countries with which the U.S. maintains a treaty of commerce and navigation. The applicant must be coming to the U.S. to develop and direct the operations of an enterprise in which she has invested. The E-2 visa is not for self-employment, but rather to create jobs for U.S. workers. The foreigner must be prepared to invest a substantial amount of capital.
The following are required for an E-2 visa:
First, the investor must have the necessary funds in his control and they must be irrevocably committed to the business enterprise. Having an intent to invest is not sufficient. It cannot be a speculative business. You must show:
- proof of incorporation
- lease or purchase of business premises
- asset-purchase agreements
- equipment purchase agreements
Second, the investor should make a “substantial” investment in the planned business. U.S. Consulates have considerable latitude in determining what is a substantial investment. Typically, $100,000 is the threshold investment amount to be considered viable for an E visa. Although, this does not mean that anything over $100,000 is guaranteed E-2 visa. an approval.
Third, the investor must prove that the funds are “at risk.” Thus, if the business fails, the money would be lost. Money secured against the new business assets is not allowed for an E-2 visa as there is no risk involved.
Lastly, and perhaps most importantly, the investment cannot be “marginal.” A marginal enterprise is one that only generates sufficient income to support the investor and his family. The goal of an E-2 visa is to create jobs for U.S. workers. Thus, the E-2 investment must be able to generate enough income to pay other workers. A strong, well-written business plan may accomplish this goal.
The duration of the E-2 visa is initially two years and it can be extended for as long as the business continues to operate. The application is typically made directly at the U.S. Consulate in the country where the foreigner resides. In addition, unlike some other nonimmigrant visas (such as the H visa) the spouse of an E-2 visa holder can also apply for work authorization and is free to work anywhere for any employer.
There are other details involved in an E-2 visa application (such as the ability to allow non-investors to obtain an E-2 visa to be a manager or similar). We recommend you contact us with your questions about the E-2 visa for you or someone you know. It’s what we do!