Endless Wait

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USCIS made a very surprise announcement on August 2nd that allows aspiring entrepreneurs to start their single-person startup in the US and at the same time qualify to apply for a green card under the EB2 category or get an H1-B visa. This is for ANYONE out there that qualifies for the H1-B or EB2 and wishes to start a business.

For the thousands that are waiting in the line for an EB3 visa or have an H1-B visa but want to start their own business. This has been a very sore point that we all know about and I’ve written about on this blog many times. For those that have followed this issue for years, August 2, 2011 marks a VERY VERY important step forward.

Long story short, if you really want to start your business, now there is nothing stopping you from doing it. Read the USCIS post carefully, consult with an attorney and get going! It’s imortant to consult with an attorney because the process of qualifying for it and establishing the employer-employee relationship that is required for this route is NOT CLEAR and most of us are confused about it. It’s so new that there are no right answers at this point but experienced attorneys have dealt with it and can recommend the right way to handle the petition.

USCIS is really making some strides. Hats off to Secretary of Homeland Security Janet Napolitano and Director of USCIS Alejandro Mayorkas for coming up with PRACTICAL solutions that make sense for the country and are possible to implement immediately outside of major changes to the law.

As immigrants, knowing that the possibility of running our own business is out of limit forces us to curb our creative side and limit our option to the corporate career. Break out of that mode today. Let your imagination run wild and chase your dreams!

Thanks to some encouragement from people like Roger and Atsushi, we are moving forward, despite everyone’s ultra-busy schedules.

We are almost decided on the new Q&A feature to implement here.

http://premium.wpmudev.org/project/qa-wordpress-questions-and-answers-plugin

Watch out for more updates on this soon..

The debate is whether to to only allow attorneys to post answers to questions or leave it open…Other forums often have very useful content but too much clutter and often inaccurate inormation. The former sounds better but then reduces the number of contributors and possibly the speed of responses quite a bit. For simpler issues, I guess it’s ok for anyone to respond. For complex issues, it’s best left to the pros. But how can that determination of complexity happen automatically? May be volunteers can classify? The software above doesn’t allow that many options either I think…

what is your preference - open for anyone to respond or give only attorneys the ability to respond?

CIR was reintroduced in the Senate today. Couldn’t have been timed any worse - with unemployment at 9.1%, talks about a slowing recovery from recession and jobs getting added at a paltry rate of ~50k jobs per month, it’ll be a miracle if it even gets discussed on the floors. Morover, with Republicans controlling the senate, and 2012 elections around the corner, there’s practically no way this will go through this year. The content of the bill is the same as last year

• Securing borders
• Path to citizenship for undocumented immigrants
• Legal immigration process improvements

We’ll watch for progress anyway….hope is all we have had for years

I could not actually believe it. A close family friend actually got his green card - he was on EB2 firsh a 2006 priority date. It feels as if it’s the first one in years that has got one! Very happy for him….one step closer to freedom.

The EB-2 move in the July bulletin has made if possible for many to qualify for I-485 processing. Now the hope is that it stays this way…

The trend to try to convert from EB3 to EB2 is accelerating as well. In google, if you type eb3, the top option is eb3 to eb2

This is getting to proportions where it’s starting to worry me. I hope greedy/indifferent lawyers don’t encourage people to convert even if they weren’t qualified to do so. No offense, but I’ve received emails from attorneys selling this opportunity like it’s the path to salvation!

A deluge of unqualified applications can raise a red flag and make it harder for the legit ones from going through. We know how that kinds of stuff gets overdone. For instance, these days it’s impossible to get an L1 work visa - everyone is questioned more than usual and often rejected unexpectedly. Even H1-B visa holders going back to their home countries for a visit get questioned and detained for weeks for no apparent reason.

I am thinking of such a conversion myself but it’s not that easy…will write another day about the issues and options involved - or have I already written about it? There’s a big problem that bloggers often report - they don’t always know what they’ve written in the past - certainly true for me.

So I’ve been real busy - like all of us I guess. So hardly any posts off late. Haven’t had much of a chance to post. Some requests for consulatations have kept coming in. The feedback from the attorneys is also that they would rather log in and type in their responses to questions instead of scheduling time to talk. They want to be more selective about the ones that are worth discussing on the phone since many of the requests continue to be fairly straightforward cases.

Thanks to our attorneys (Attorney Shah Peerally and Attorney Matthew Oh) who graciously offered their time for no cost to help our members out. Based on the last several months of offering free consultations, it’s time to take a fresh look at it.

How about setting up a “question and answer” system on the site so anyone could post a question and get answers only from qualified people. Not just anyone. Would that be a useful service? Or would it be just like any other service?
If the feedback is encouraging, I might go ahead and implement such a system on this system. I am thinking of using WP-Answers for it. This site is based on wordpress so that was an obvious choice.

http://wp-answers.com/demo

Anyone got any experience with this plugin? Any ideas/thoughts/comments are much appreciated. And donations to fund the purchase (or you could buy it for me from the above site - $89) or time to implement that on the site are also very welcome..

Thanks to all - hope to continue to make this site a platform for honest uncensored sharing of thoughts regarding immigration….regardless of who you are, where you live and who you support or hate…

Majority Leader, Senator Harry Reid, introduced S.6 bill  - COMPREHENSIVE IMMIGRATION REFORM BILL - in the Senate to reform America’s broken immigration system, co-sponsored by nine other Senators.

Quite a surprise that they are introducing it this early into the new Congress session. It has LONG way to go and I personally believe chances are still small that it will pass at all, let alone pass in its current form. But we’ll see, I am really really hoping I am wrong..

Obama mentioned DREAM and CIR during his State of the Union address earlier this week. May be that’s helping..

Another bill HR 399  was introduced as well. Attorney Matthew Oh at immigration-law.com summarizes it perfectly -

This bill proposes to eliminate numerical limitation for U.S. earned STEM Ph.D professionals with employment offer, meaning that such professional will be able to apply for adjustmust of status even during the period of visa number regression. This bill also proposes to eliminate numberical limitation for H-1B, again meaning that such professional will be cap exempt and regardless of the situation of H-1B cap, the employer can file H-1B petition. Considering the President’s State of Union address yesterday, this bill may be received somewhat favorably in the House

Excitement is in the air again. Hope is an amazing thing - even if it’s just a glimmer of it, it’s almost enough for us to get unreasonably excited and do great things with our life as a result.

EB-3 isn’t moving. At least not for India, China and Mexico. And EB-2 is ahead but prospects are bleak for much progress in 2011. The DREAM act is dead. CIR is all but dead for 2011 and even perhaps 2012 (read previous post) and the Startup Act is not finding takers yet. The latter still has a chance to pass this year though, fingers crossed.
But while all that’s true, I remind myself that the EB-5 is an option that’s already approved, available, and in fact, the Government is going the extra mile to sell it to you.

If you are new to EB-5’s, go and read some about it on Google or on this site. Just do a search for EB-5. It’s basically an investment based green card. If you invest $500,000 (or $1m in some cases), and create 10 US jobs, then you get a green card within 12 months or so. Neat and simple.

I’ve been researching it for the heck of it. And realized that I had many misconceptions regarding this visa. I think it’s WAY different than what most people think it is. So I’ll try to clarify some of it here.

1. You do NOT have to come up with a brilliant business idea to use the EB-5

The USCIS has sanctioned private organizations to form USCIS Regional Centers. These Regional Centers work with businesses to identify those that need investment. They then package these investments and offer them to EB-5 investors. Businesses gain because they get cheap money. Investors gain because they get their permanent residency.

If you do have an idea and want to start your own company with an investment, you are welcome to.  But most people would rather leave that work to the Regional Centers.

2. You do NOT have to have $500,000 in savings.

You do have to come up with the money. But not necessarily from savings or your own pocket. You could use a variety of financing strategies. You could take a loan against a home in your home country. You could get a gift from a family member or multiple family members or angel investors. You could take a loan against your 401k or pension account here or in your home country.

This visa is good for two kinds of people. Those that have the money and the rest that have the will or are desperate enough to chase after freedom without waiting in line for 10 years.

So for instance, if you had an inheritance, an estate or access to capital in some other way, you could leverage all that to finance your American dream. And the best part is that it’s not as if you are losing that money. Most likely it’ll earn a good return if you choose the Regional Center business carefully or get help to do so.

I am not too sure if Angel investment from investors not related to you is allowed. This is something you should investigate. If so, then angelsoft.net and the like a great place to start. You will be surprised how many angel investors live right next to you and are willing to listen to your pitch. Most want to see some of your money invested and that the business is in an area that you have worked with or have prior experience with. They don’t necessarily look for prior entrepreneurial experience.

3. You do not have to create 10 jobs right away: You get a two year period to do that. And most Regional Center projects are specifically picked so that the job creation happens quickly.

4. You do NOT have to invest in businesses that you don’t understand

Regional Centers have projects ranging from restaurants, Auto dealerships, Hotels, Motels, Gas stations, Software companies, Hardware companies, Manufacturing and just about anything you could fancy.

And here’s the BEST one….

5. You don’t have to quit your job or your current visa or green card petition

You can continue working for the same employer or company in the same job. This is the part most people don’t realize. You just add another separate Eb-5 petition. But your current EB/FB petitions or H1-B visas stay valid even after you apply for the EB-5. And even after you get the green card you don’t HAVE to work for the business you invest in. As long as you are an active partner in the company that’s all that’s needed and investing money in the company is considered being an active partner.

6. You may not have to relocate to get the EB-5 visa

There are regional center projects in just about every state. There’s one most likely not too far from where you live. The $500k applies only to rural or high-unemployment areas. But there are plenty of towns with 15%+ unemployment right now so that should not be too hard.

7. It’s the only visa the Government will bend over backwards to give you

At 9.5% unemployment, every added job is important. This is the perfect time to try for this visa when the Government really needs to create jobs. The odds of approval are in your favour.

http://en.wikipedia.org/wiki/EB-5_visa is a starting point. Go take a look, who knows, you could be a business owner and a green card holder by this time next year.

I really did not think this could fail. The act asks that children of illegal immigrants that were brought to the US when they were very young, should get a path to citizenship. The path will include education and serving in the military, among other conditions and will take years to actually get it but they won’t have to hide anymore.It makes sense, because these kids are not leaving the country anyway, they are going to be here and take up jobs anyway, may be not the jobs they deserve but other lower-wage jobs that illegal immigrants usually do. The enterprising ones will leave the country and go to places where they can work without hiding in the shadows, but the majority will stay and find a workaround.

What’s even more unfair is that if the child was born after the parents migrated illegally to the US, those kids are citizens at birth. So if a 9 month pregnant woman migrates to the US and gives birth here, her baby is a citizen, but a woman who migrates with a 1 week old baby is out of luck. That can’t make sense in any logical person’s book.

Now I am against illegal immigration TOTALLY. Illegal immigrants, i have empathy for them, but I believe they do not deserve a path to citizenship. That’s just me - they committed a crime at first place and you can’t reward them for that. If US needs more labor, there’s got to be a legal way to get that. But children, that’s a different story. They don’t deserve this treatment.

Why punish little kids for the crime their parents committed? Several detailed reports by independent agencies and congressional boards have proved that DREAM would save $11.4 billion over 10 years plus make a significant contribution to military recruitment, which US needs desperately.

But, despite every positive thing going for it, and getting the House stamp of approval, today 12/18, DREAM act did not get the 60 votes needed to take up the closure motion in the Senate. It’s dead. And probably won’t pass for years. Sorry DREAMers. Nobody can blame them if they feel like they should leave the country, after all, the country’s legislators have repeatedly (happened this September too) said clearly that they don’t want them here.

What this means for us LEGAL immigrants is that CIR (Comprehensive Immigration Reform) has a MUCH MUCH smaller chance of passing in 2011. For all practical purposes, CIR will not pass for at least a couple of years, unless some miracle happens. In other words, if you were an Indian/Chinese/Mexican waiting for CIR to clear the way for your green card a little faster, I wouldn’t hold my breath anymore.

EB3 India processing date is currently at Feb 2002, almost 9 years in waiting. EB2 India is a little better with a 5 year waiting period. China and Mexico are a trace better. This is a sad day indeed for legal immigrants and children of illegal immigrants. Other countries, especially in the FB and EB3 categories are not much better. Sorry guys, you are out of luck.

In a way, this is a good thing. There’s more clarity now. You know that permanent residency is NOT going to happen unless you are willing to wait 8-10 years possibly if you are filing a new petition. So just forget about that whole idea and keep an eye out for opportunities in your home countries.

US had the money to attract the sharpest minds, but not the mind to keep them here to make them more money.

A site that I read almost every day - http://immigration-law.com by our friend Attorney Matthew Oh has published a list of swing voters for the bill today. YOU CAN MAKE A DIFFERENCE WITH A 5-MINUTE CALL.

THE MOTION TO CLOSURE IS TOMORROW - 12/18/2010

In Matthew’s words:

This is the last chance for immigration advocates and supporters to start calling EN MASS the Senators to support this cloture motion tomorrow!!! Please use all the means of contact, fax, email, twitter, facebook, telephone, on and on and on! If this is failed, there will be no CIR nor DREAM for the next several years!

Here are key names you can call.

• List of Senators that are pushing for a closure motion.
  
  • Joseph I. Lieberman
  • John D. Rockefeller, IV,
  • Byron L. Dorgan,
  • Sheldon Whitehouse,
  • Jack Reed,
  • Robert Menendez,
  • Mark Begich,Bill Nelson,
  • Benjamin L. Cardin,
  • Bill Nelson
  • Michael F. Bennet,
  • Amy Klobuchar,
  • Patty Murray,
  • Barbara A. Mikulski,
  • Christopher J. Dodd,
  • Richard Durbin,
  • John F. Kerry.
• The following Senators are reportedly swing votes. People in those states must work much much harder.
  • ALASKA: Murkowski
  • FLORIDA: LeMieux
  • INDIANA: Lugar
  • KANSAS: Brownback
  • LOUISIANA: Landrieu
  • MAINE: Collins & Snowe
  • MASSACHUSETTS: Brown
  • MICHIGAN: Stabenow
  • MISSOURI: McCaskill
  • NORTH CAROLINA: Hagan
  • NEW HAMPSHIRE: Gregg
  • OHIO: Voinovich
  • SOUTH CAROLINA: Graham
  • TEXAS: Hutchison
  • UTAH: Bennett & Hatch
  • VIRGINIA: Warner & Webb
  • WEST VIRGINIA: Manchin

This is huge. The strongest, most sensible immigration bill that actually has a chance to pass. CIR is all but dead, the DREAM act is still up in the air despite getting passed in the House and strong support from rallies and funding from lobbyists. But a new bill - the Startup Act - was introduced in February 2010 by Senators John Kerry and Richard Lugar that seems like it could pass as early as January.

What does it do? Allows entrepreneurial legal immigrants that are able to secure $100,000 in venture and another $150,000 in equity financing that creates 5 jobs in 2 years, to get a green card right away using up the left-over unused EB-5 visa numbers from all these years.

No brainer! More US jobs. More strong individuals get a chance to live their dream and get a permanent status in the US - which in turn helps them focus more on their career and generate even more jobs.

But there’s nothing like a healthy debate. Here’s a respected journalist opposing the bill.

I personally would like to see this work and know that many of you would. $100,000 is not that hard to generate in venture capital despite what you might think. Look at sites like angelsoft.com. All you need to do is write up a business plan and submit them to angel investors on that site and you might be golden! Even your rich uncle here or in your home country might be interested :).

The Small Business Administration just today released a news release about a program that will fund up to $250,000 within MINUTES when you apply online on the SBA website. So it can’t be that hard.

What’s more, VC”s actually seem interested in this act! Many have openly shown support for the bill - they know they’ll see much more action in the space if this bill goes through. Up to 30% of new startups have an immigrant investors. Google, Ebay, Amazon and Yahoo all had an immigrant founder.

This can ease the pain of thousands of entrepreneurial immigrants that have been suffocated because of the lack of the freedom to quit  their job and start something on their own. So un-American and so un-capitalistic.

Finally, here’s a bill that could end your endless wait. Keep your fingers crossed, or better, write to your senator asking them to support the bill. Tell them your story and how you will benefit. Don’t leave it up to someone else to put in the effort. Research shows that every 10 letters to a Senator or Congressperson about a bill significantly sways their opinion on a matter.