e-IMMIGRATION NEWSLETTER |
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July 2009
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Congratulations to Linda Osberg-Braun !
Linda Osberg-Braun was recently selected as a Florida Super Lawyer and recently completed her
term as American Immigration Lawyers Association (AILA) President, Chapter Chair of South Florida.
Congratulations on all of your achievements!
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Melissa McNamee Venceslau
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Welcome Melissa !
We are excited to announce a new addition to the firm, Melissa McNamee Venceslau, as an attorney
on our employment based team. Melissa possesses over nine years of experience working with employment and family based immigration.
She served as In-house Corporate Immigration Counsel to Novell, Inc. where she managed the inbound and outbound
international transfer and all immigration issues for over three hundred employees. Melissa assists clients with
employment based immigration needs, including, H-1B, L-1 A/B, TN, PERM Labor Certification, Adjustment of Status
as an EB-1 international Executive or Manager, EB-2, EB-3 categories, and more. She works with corporate clients
performing in house audits for I-9, PERM and LCA compliance. She also practices family based immigration and
naturalization. Welcome Melissa!
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Bernstein Osbeg-Braun & de Moraes
Experts in Navigating the Foreign Investor Program
As seen in Forbes on July 13, 2009, Roger Bernstein discusses the Foreign
Investor Program. It’s an investment program tailor-made for troubled times. The
foreign investor program, know as EB-5 and established by Congress in 1990, provides a
conditional green card that can lead to permanent residency for investors who create jobs in the United
States.
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Obtaining Legal Status under Section 245 (i) of the Law – For Some, there is No Deadline
Most undocumented immigrants that entered the U.S. without inspection, overstayed an admission, acted in
violation of the terms of their status, or worked without authorization, are considered “out of status
” and would normally not be able to complete the process to become a permanent resident in the U.S.
without I.N.A. Section 245(i). Most of these same individuals would be subject to the three and ten year bar
to readmission if they were to leave the U.S. and process an immigrant visa at the US Consulate abroad.
Under section 245 (i), an immigrant may apply for permanent residence based on a qualifying family relationship,
or based on a qualifying job offer and by paying an additional $1,000 fee. With section 245 (i) immigrants can
choose to process their immigrant visas in the U.S., rather than being required to do so at a U.S. Consulate
abroad and subjecting themselves to a three or ten year bar to readmission.
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E-Verify Basics and New Developments
E-Verify is an online system whereby employers can submit information from employees’
I-9 forms for verification. USCIS oversees this program, which is a partnership between DHS and the Social
Security Administration (SSA). The E-Verify program checks information from I-9 forms against
the SSA and DHS databases, kicking back any employee whose data does not match up. On May 21, 2009, all federal
contractors and subcontractors will be required to use the E-Verify system.
Read on
for more details on this federal program that could be extended to your business.
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Still Hoping for Immigration Reform in 2009
Attorney Melissa McNamee Venceslau gives her opinion on how comprehensive immigration reform should look.
She advocates for several changes in current law that are aimed at addressing the true problems in our current
immigration system including; permitting unauthorized immigrants to adjust their status to permanent resident if
sponsored by a qualified family member or employer; creating an H-5 nonimmigrant temporary work status that would
permit U.S. employers to sponsor nonimmigrants for work visas, use technology to organize and administer the U.S.
foreign national workforce on a national level, and address the severe family-based immigration backlog so that
qualifying family members may obtain immigrant visas within reasonable amounts of time.
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USCIS Now Permits Premium Processing for Most I-140 Petitions
On June 29, 2009, USCIS announced that premium processing service is again available to most Form I-140 petitions
(Immigrant Petition for Alien Worker). For a USCIS fee of $1,000, your case can be converted to premium processing.
USCIS then promises to address your case within 15 calendar days. The following categories are now eligible to premium
process or convert an already pending case to premium processing:
- EB-1 Aliens with Extraordinary Ability,
- EB-1 Outstanding Professors and Researchers,
- EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest
Waiver,
- EB-3 Professionals,
- EB-3 Skilled Workers
- EB-3 Workers other than Skilled Workers and Professionals.
If you have a pending Form I-140, contact our office to inquire about whether or not Premium Processing is a
good option for you.
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The EB-5 Investor Visa Option
Are you an investor looking to obtain permanent residency inside the USA? There is much serious real estate
investment in the United States being made from abroad. For those foreign investors who are interested in immigrating,
one of the best visa options available is known as the Employment Based Fifth Preference, or EB-5
visa. This visa permits qualified investors who meet a certain minimum threshold investment level to apply for admission to the United States.
This article spells out the EB-5 investor program in detail.
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Bernstein Osberg-Braun, LLC
11900 Biscayne Blvd., Suite 700 Miami, FL 33181 * Phone: (305) 895-0300 * Fax: (305) 895-0306
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