e-IMMIGRATION NEWSLETTER

Bernstein Osberg-Braun & de Moraes - Immigration Attorneys in Miami, Florida
October 2009
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In this Issue

 

Bernstein Osberg-Braun & de Moraes Named South Florida’s Top Law Firm

Named one of South Florida’s Top 100 Small Businesses for 2009

Bernstein Osberg-Braun & de Moraes Returns to Caracas for EB-5 Meetings

EB-5 Program Extended for Three Years

Success at the Caracas EB-5 Seminar

New website launched

H1B Visas Still Available

H1B Site Inspections


Archives

 

Bernstein Osberg-Braun & de Moraes Named South Florida’s Top Law Firm

In October, 2009, the South Florida Legal Guide named Bernstein Osberg-Braun & de Moraes as the Top Law Firm in South Florida for distinguishing and meaningful contributions to the practice of law and the community. The award, highly coveted in a region known for top tier law firms, represents a milestone for an immigration-only boutique and further solidifies the firm’s leadership position in South Florida.



Named one of South Florida’s Top 100 Small Businesses for 2009

Bernstein Osberg-Braun & de Moraes was proud to be selected as one of Business Leader Media’s Top 100 S. Florida Small Businesses. The selection criterion was for companies with fewer than 100 employees that do a majority of their business in South Florida. In addition, each company's revenue growth, business achievement, and community involvement were also evaluated. The award examines a full spectrum of South Florida industries in search of innovation, client focus, and expertise. The firm, to be honored at an awards ceremony on November 16, 2009, is featured in the November, 2009 issue of Business Leader Magazine.



Bernstein Osberg-Braun & de Moraes Returns to Caracas for EB-5 Meetings

Attorneys Roger Bernstein and Jose Latour will return to Caracas, Venezuela from November 9-13, 2009. The duo will meet with clients and colleagues interested in the EB-5 investment visa program. If you are interested in joining us at the EuroBuilding in Caracas, contact Jose Latour at jlatour@visaattorneys.com to schedule an appointment.



EB-5 Program Extended for Three Years

The very busy attorneys of Bernstein Osberg-Braun & de Moraes’ EB-5 Investor Visa Team were excited to learn that the U.S. House and Senate were able to complete their negotiations on the final version of the FY 2010 Department of Homeland Security appropriations bill (H.R. 2892), which includes a three-year extension for the EB-5 Regional Center program. On October 28, 2009 President Obama signed into law the “DHS Appropriations Act, 2010” extending the EB5 Pilot Program.

In approving this latest extension of this rapidly expanding foreign investment stimulus legislation, both Congress and the Obama Administration have emphatically expressed the continuing U.S. commitment to invite EB-5 Immigrant Investors to realize their U.S. immigration objectives while protecting the capital investment and job generation so critical to the domestic economy.




Success at the Caracas EB-5 Seminar

Venezuelan attorneys, financial advisors, and investors gave Bernstein Osberg-Braun & de Moraes’ EB-5 Investor Visa Team a warm welcome and enthusiastic response during the firm’s seminar presentation in Caracas in October. The event included the participation of several EB-5 Regional Centers as well as a variety of support experts ranging from financial advisors to due diligence experts. The team was busy with several days of private consultations after the seminar and hailed the experience as a dynamic and successful.


New website launched

We already told you about the launch of www.eb5investorvisa.com. Well, it keeps getting better and will continue to expand with a host of new information resources, social networking interfacing, and even video FAQs. Stay tuned and check in often!


H1B Visas Still Available

As of October 25, 2009, approximately 52,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. That means that there are approximately 12,200 cap-subject H-1Bs still available. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until the sufficient number of H-1B Visa petitions have been received to reach the statutory limits.

Bottom line: get your H-1B filed ASAP!


H1B Site Inspections

We’re hearing through the immigration “coconut telegraph” – meaning client reports, AILA (American Immigration Lawyer Association) chatter and the like – that ICE (Immigration and Customs Enforcement) has gotten quite busy with random investigation of small-company sponsors of non-immigrant visas. Reports of surprise inspections verifying petition data, workplace presence of the beneficiary, etc. have been coming in from various parts of the country, including South Florida.

Remember the following:

  • If your job location, employer, or work location have changed and you are on an H-1B visa, such changes probably constitute a “material change in employment”, triggering the need for an amended H-1B petition.
  • An H-1B visa is not a coverall “work authorization”, it is permission to work for a SPECIFIC employer. If you are finding concurrent opportunities in your profession, you should file a “concurrent H-1B application” to insure that your work with any other employer BESIDES the original H-1B petition is lawful.

Two Partners are Board Certified in Immigration Law by the Florida Bar
Bernstein Osberg-Braun, LLC
11900 Biscayne Blvd., Suite 700 Miami, FL 33181 * Phone: (305) 895-0300 * Fax: (305) 895-0306

DISCLAIMER: Immigration law changes frequently. While these newsletters are intended to provide useful information, they are not updated after their initial publication and you are always strongly advised to consult competent legal counsel before relying on anything contained herein. Bernstein Osberg-Braun & de Moraes assumes no liability for any reliance on information provided in any bulletin.