Articles Posted in EB5 Visas

It is our pleasure to introduce you to our talented senior paralegal Linda Parrish. Linda Parrish is the senior paralegal for immigration and corporate matters at our law office. Altogether, she has more than 20 years experience in the legal field and brings an amazing amount of knowledge and expertise to our firm. She focuses on  company formations, E2 and L1 visas as well as PERM Green Card cases.

Linda has been working with the Law Offices of Jacob J. Sapochnick since 2005.  Linda has extensive knowledge of all aspects of immigration law, though her specialty lies in assisting investors, executives, and corporate clients to meet their immigration needs. She is also our resident Notary Public. Linda Parrish is an asset to our team for her expertise, kindness, and for the invaluable contributions she has made to our firm.

Mrs. Parrish is married, has four adult children and several grandchildren. In her spare time, she enjoys quilting and crocheting.

For read more about our team please click here.

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It is our pleasure to introduce you to Associate Attorney Yingfei Zhou, Esq who joined our firm in 2012. Attorney Zhou is an active member of the California State Bar, the New York State Bar, and the American Immigration Lawyers Association (AILA). She is fluent in Mandarin.

Overview: 

Ms. Zhou practices primarily on employment-based and investment-based immigration law. She has experience in various aspects of business immigration, including employment-based permanent residence and nonimmigrant visas, as well as marriage-based immigration and citizenship matters. Specifically, she has provided counsel to clients in relation to employment in specialty occupation, nonimmigrant NAFTA professional visa, individuals with extraordinary ability and achievements, nonimmigrant trainee or special education exchange visitor visa, religious worker visa, E-2 treaty investor visa, waivers, applications for adjustment of status, employment certification (PERM) applications, motion to reopen/reconsider, re-entry permit, visa interviews, as well as extensive EB-5 investment immigration work.

Ms. Zhou received her Bachelor’s degree in Law (LL.B) from Zhejiang University, one of the top universities in China. She graduated with distinguished honor awarded by the Department of Education of Zhejiang Province and was editor-in-chief of law review of her law school in China. She subsequently attended Thomas Jefferson School of Law in San Diego, CA and obtained her Master’s degree in Law (LL.M.). Prior to joining the Law Offices of Jacob J. Sapochnick, Ms. Zhou practiced law in China for two years.

To schedule a free first consultation please contact our office.

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Welcome to the Law Offices of Jacob Sapochnick. Where Your Immigration is Our Passion.

Overview: 

For over 10 years our office has provided outstanding legal immigration services to clients from all over the world. Unlike other law offices, we provide personable service, communicating with our clients every step of the way.  Thanks to our great team, our office has succeeded in obtaining approvals for thousands of immigration petitions. Whether you are an international investor, entrepreneur, fiance of a US Citizen, or are interested in an employment visa, our office has you covered.

To learn more about our office and the services we offer please visit our website.

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Want to learn more about the Law Offices of Jacob Sapochnick? Please keep watching.

Overview: 

The Law Offices of Jacob J. Sapochnick provides specialist expertise in all aspects of US immigration and nationality law and practice. Our track record of successful practice in this area is evidence of the high standard of knowledge and skill brought to bear in respect of all cases that we handle and all instances when we provide advice and representation.

The firm prides itself on its speed of response, dealing with matters efficiently and conscientiously at all times. Our strength lies precisely in our understanding of clients’ needs, which stems from our broad and varied experience of legal practice in this area. We are aware that those consulting us are often in difficult positions, sometimes with urgent or compelling business or personal needs that hinge on their immigration requirements, calling for dependable and confident advice and assistance. Our practical approach is directed at understanding our clients’ needs and meeting those needs. Your immigration is our passion.

To learn more about the services we offer please visit our website.

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In this segment, attorney Jacob J. Sapochnick tells you all about the visa bulletin. Who is it for? How does it work? Why do we need it? For more information about the visa bulletin, please click here.

Overview: 

What is the Visa Bulletin?

The Visa Bulletin exists due to congressional numerical immigrant visa limitations for family-sponsored and employment-based preference categories established by the Immigration and Nationality Act (INA). The visa bulletin is for foreign nationals wishing to immigrate to the United States through a relative or employer. Family-sponsored preference categories are limited to a minimum of 226,000 visas per year, while employment-based preference categories are limited to a minimum of 140,000 visas per year. The Visa Bulletin is a useful tool for aliens to determine when a visa will become available to them so that they may apply for permanent residence.

You can check the status of a visa number by checking your priority date on the Department of State’s Visa Bulletin published every month. A priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS (Form I-130 Petition for Alien Relative or Form I-140 Immigrant Petition for Alien Worker).

Family-sponsored preference categories

Family based immigrant visas are divided into preference systems and priority dates. This refers to one of the various categories under which an individual qualifies for U.S. residency, and must wait for a visa to become available.

  • First Preference: unmarried sons and daughters of U.S. citizens. This category refers to the adult children of U.S. citizens or those who have reached the age of 21 years prior to issuance of the immigrant visa;
  • Second Preference: a) spouses and children under the age of 21 of U.S. permanent residents; b) unmarried sons and daughters over the age of 21 of U. S. permanent residents;
  • Third Preference: married sons and daughters of U.S. citizens;
  • Fourth Preference: brothers and sisters of adult U.S. citizens.

Employment-sponsored categories

  • First Preference:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
  • Second Preference:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:
  • Third Preference:  Skilled Workers, Professionals, and Other Workers
  • Fourth Preference:  Certain Special Immigrants
  • Fifth Preference:  Employment Creation: not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers (EB-5)

For more information regarding the immigrant process for family members and the Visa Bulletin please click here. For a legal consultation please contact our office to speak with our legal consultants.

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In this video, attorney Jacob J. Sapochnick Esq., appears on NBC 7 San Diego News to talk about the EB-5 Investor Program. For more information about the EB-5 visa please click here. For a free first consultation please contact our office.

Overview:

The EB-5 program was started in the 1990s as part of a pilot program designed to bring foreign capital to the United States by encouraging foreign investors to establish a new business venture or invest in a regional center project. Today, the EB-5 program is a special immigration program designed for foreigners who are interested in investing a significant amount of capital in American businesses and industries, that will create thousands of new jobs for Americans. In this interview, attorney Jacob J. Sapochnick Esq. joins Diana Guevara and Interim President and CEO of the San Diego Regional Chamber of Commerce, Mark Leslie to discuss the advantages of participating in the EB-5 program.

Foreigners who have committed a large investment can become lawful permanent residents through this program by establishing a new commercial enterprise. Investors must provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

For more information about this program, please contact our office. 

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In this segment, attorney Jacob Sapochnick Esq., discusses the EB-5 visa program and Regional Center investments. For more information about the EB-5 program please click here.

Overview: 

What is EB-5?

The EB-5 is a visa that allows an immigrant to obtain permanent residence in the United States based on an investment in a new commercial enterprise. The amount of funds that must be invested will depend on whether the investor will be investing in a project through a Regional Center. Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. To qualify for the EB-5 program, you must either invest half a million dollars in a Regional Center project or invest a million dollars in a new commercial enterprise (regular EB-5).

What is a Regional Center?

A regional center is a government designated program where investors invest up to half a million dollars together and throughout this process gain permanent residency. Currently, there are 864 regional centers throughout the United States, with projects in various different sectors including real estate, energy, export, wineries, etc. EB-5 is a popular program because investors are not required to physically or actively participate in the business they are investing in. They must however, invest funds into a new commercial enterprise or regional center and go through the necessary process.

Investors who are interested in a regional center project must be active in selecting a regional center. Attorneys cannot advise regional center clients on which regional center they should select. Attorneys can however provide general information and the pros and cons of working with a regional center. Attorneys can also warn individuals against making risky investments. Investors must do their homework and learn about the different regional centers and what type of project they would like to invest in. Attorneys cannot be actively involved in this process.

Typically once the regional center provides the agreement to the investor, the investor must sign the agreement and put down a deposit. Afterward, the application process for the EB-5 program begins

  1. First investors must complete the I-526 application. This application allows the investor to obtain a conditional 2-year green card. It is conditional because the government wants to ensure that the funds have been invested and all other requirements of the EB-5 visa program have been met during the first 2 years of the project. If the application is properly filed and the investment funds are legitimate and verified, the I-526 application should be approved within approximately 8 months of filing.
  2. Once the I-526 application is approved, the investor can proceed and file Form I-485 Application to Register Permanent Residence to apply for the permanent residence card. Once the green card application is properly filed it can take up to 6-10 months to receive the conditional green card.
  3. To remove the conditions on the green card, investors must submit the I-828 Petition by Entrepreneur to Remove Conditions before their green card expires.
  4. What happens to the funds at the end of the process will depend from regional center to regional center. Generally, there are ways for investors to get their funds back by selling their share in the project, etc.

To learn more about other types of investment visas please click here. Please call our office for a free consultation.

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In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.

Overview: 

Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.

You can express your interest, or schedule an appointment by emailing us at info@h1b.biz. We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.

Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.

Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.

To learn more about our dedicated staff members please click here.

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Want to know what’s new on the November Visa Bulletin? In this segment attorney Jacob J. Sapochnick discusses the new changes including the dual chart system, family-based preference categories, and EB visa updates for China, India, Mexico, Philippines.

For more information on the Visa Bulletin click here.

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In this post attorney Jacob J. Sapochnick discusses the new changes to the October visa bulletin and how these changes can affect your family based or employment based petition.

The October 2015 Visa Bulletin from the U.S. Department of State shows a newly revised system of dual cutoff dates.

As of October, the visa bulletin contains a new, separate cutoff date chart for filing the application for adjustment (form I-485). The cutoff dates in the filing chart are much later than the final action cutoff date chart.

For example, the employment-based, second preference (EB2) for China’s cutoff date for filing in October is May 1, 2014, while the cutoff date for final action is January 1, 2012.

This is a HUGE change, effective as of October 1, 2015, and applies to both the employment-based and family-based categories.

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