In this video, attorney Jacob Sapochnick discusses a new press release shared by the Department of State which provides insights on the status of visa operations worldwide during fiscal year 2023. The report highlights that from October 2022 through September 2023, DOS issued more than 10 million visas worldwide, with half of U.S. Embassies and Consulates around the world issuing more visas than ever before.
In this post, we provide a summary of the agency’s impressive achievements and visa statistics over the past fiscal year.
If you would like to know more about this topic, we invite you to watch our video.
Overview
According to the press release, the Department of State hit a near historic record, issuing more than 10.4 million nonimmigrant visas worldwide in fiscal year 2023.
Nearly 8 million visitor visas were issued for business and tourism – more than in any fiscal year since 2016.
Wouldn’t it be nice if you could get your U.S. Visa renewed inside of the United States without having to visit a U.S. Embassy or Consulate abroad?
This may soon become a reality based on a new pilot program announced by the Department of State for certain workers renewing their visas.
Overview
Visa stamping refers to the process of renewing a U.S. visa for foreign nationals working in the United States in certain visa categories. Traditionally, foreign workers must return to their home country and visit their local U.S. Embassy or Consulate to schedule an appointment and renew their U.S. visas. However, the vast majority of U.S. Embassies and Consulates have significant visa interview backlogs which delays the visa renewal process significantly and increases the visa backlog.
To provide relief for visa renewal applicants, the State Department recently announced the launch of a new pilot program that will allow a limited number of H-1B specialty occupation workers the opportunity to renew their visas from inside the United States, effectively decreasing work interruptions and such visa stamping delays.
In this blog post, we will discuss the top five ways that foreign investors can get a green card in the United States. This post will benefit potential investors or foreign nationals who want to maximize their chances of gaining permanent residence in the United States.
Overview
If you are a foreign investor or an entrepreneur there are essentially five ways to self-petition for permanent residence without the requirement of a job offer or employment sponsorship.
Option One: Green Card through the EB-5 Immigrant Investor Program
The first option is the EB-5 Immigrant Investor Program. This program allows qualifying investors to obtain conditional permanent residence through an EB-5 visa. To qualify, investors must make a capital investment of $800,000 (in a Targeted Employment Area Regional Center Project) or $1,050,000 (in a new commercial enterprise that you create or buy into – also known as direct EB-5 investments). You must also demonstrate that the capital you are investing comes from a lawful source, and that your investment will create at least 10 new jobs for U.S. workers. Additionally, your capital investment must be committed to the project for at least five to seven years.
Once an investor’s EB-5 petition has been approved, he or she will receive a 2-year conditional green card. Before the expiration of the green card, the investor must remove the conditions on his permanent resident status by filing an I-829 petition with USCIS. When removing the conditions on permanent residence, investors must prove that they made the required investment and that all EB-5 requirements were satisfied such as job creation.
Once USCIS approves the I-829 petition, the applicant’s residency status is no longer conditional and the investor will be issued a 10 year green card.
EB-5 Direct Investments
EB-5 direct investments are those where the capital is invested in a new commercial enterprise such as a franchise operation, hotel real estate development projects, large restaurants, IT projects, retail chain operations, and large construction projects.
One of the most important components of the EB-5 application process is that you must be prepared to demonstrate the source/origin of your investment funds through documentary evidence. In other words, your investment funds must be traceable to their originating source.
Former President Donald J. Trump has launched his campaign for a second presidential term in 2024. His announcement creates important implications for immigration considering that he is likely to win the Republican nomination in the presidential race.
In this video attorney Jacob Sapochnick tells you all you need to know about his contentious new immigration plan, ahead of the election.
Overview
It is no secret that during his presidential term Donald Trump took a hardline stance on immigration which led to restrictive immigration policies that impacted thousands of immigrants and nonimmigrants worldwide.
As part of his presidential campaign, Trump recently unveiled his immigration proposals, including new measures that would create further challenges for immigrants to obtain visas to the United States. If he were to be re-elected to the office of the President, such measures would be concerning for people everywhere.
What are some of Trump’s immigration proposals if he were re-elected in 2025?
Among Donald Trump’s immigration proposals, he seeks to prioritize securing the U.S. border to prevent illegal immigration to the United States from Mexico, as well as passing a host of controversial policies limiting legal immigration.
Getting Tough on the U.S. Mexico Border
Trump proposes a naval blockade by the Coast Guard and U.S. Navy to stop drug smuggling boats in U.S.-Latin America waters.
Drug cartels would be designated as “unlawful enemy combatants,” which would allow U.S. military intervention in Mexico.
Completion of the Southern border wall which was part of his immigration agenda as President
Are you going through the immigrant visa process, waiting for your interview to be scheduled at a Consulate or Embassy overseas? Then this video is right for you. We will provide the latest updates including which Consular posts are open, their processing times, and which posts are experiencing long wait times as of June 2023.
Overview
Embassies and Consulates around the world are beginning to ramp up their processing of immigrant visas, with the hiring of additional personnel to reduce the visa backlogs.
During the Coronavirus pandemic, immigrant visa cases have been warehoused at the National Visa Center (NVC) while awaiting interview scheduling at U.S. Embassies and Consulates abroad. Due to the high demand for visa interviews, most Consular posts have not been able to accommodate the majority of applicants who are still waiting for their appointments to be scheduled.
Unfortunately, the National Visa Center (NVC) is not able to forward cases to Embassies and Consulates until they have received confirmation that the post has available interview slots.
This is the case even if your case is documentarily qualified and even if your priority date is current on the Visa Bulletin. Your case cannot be forwarded to the Embassy or Consulate until they have confirmed that an interview slot is available for you.
On the other hand, if your case has not been documentarily qualified (meaning all documentation has been received by the NVC), or your priority date is not current on the Visa Bulletin, then your case will not be scheduled for an immigrant visa interview.
In this video, attorney Jacob Sapochnick discusses a new form of relief provided by USCIS, specifically for green card applicants who are facing compelling circumstances. Such individuals may request a renewable 1-year temporary work authorization (EAD) based on their “compelling circumstances,” by filing Form I-765 Application for Employment Authorization. Dependents may also request a compelling circumstances EAD.
If you would like to know more about who can apply for this work permit and eligibility, just keep on watching!
Overview
Employment Authorization Document (EAD) based on Compelling Circumstances
This temporary employment authorization may be provided to certain nonimmigrants who are the beneficiaries of approved employment-based immigrant visa petitions, and who are facing compelling circumstances, such as losing a job.
In order to qualify for a compelling circumstance employment authorization document (EAD), you must:
Be in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status, including in any applicable grace period, on the date you file the application for employment authorization;
Be the principal beneficiary of an approved Form I-140;
Establish that an immigrant visa is not authorized for issuance to you based on your priority date, preference category, and country of chargeability according to the Department of State’s Visa Bulletin on the date you file your application for employment authorization; and
Demonstrate that compelling circumstances exist that would justify USCIS using its discretion to issue you an independent grant of employment authorization.
In this video, attorney Jacob Sapochnick discusses the recent collapse of the Silicon Valley Bank, and its repercussions on the startup world and foreign tech workers. The Silicon Valley Bank’s collapse is cited as the largest bank failure since the 2008 financial crisis. The bank was once responsible for managing billions of dollars in client funds and loans. What will be the ripple effect of its collapse on immigrant and non-immigrant tech workers on visas?
Keep on watching to find out more.
Overview
Silicon Valley Bank, an institution that once lent billions of dollars in funding to tech startups has collapsed. Its deep relationships within the startup community have left both immigrant and non-immigrant workers vulnerable, as they scramble to find stable ground. The impact of its collapse has been widespread. Hundreds of startups relied on the funding provided by SVB to maintain their operations and keep immigrant and non-immigrant visa workers on payroll. Additionally, SVB itself employed dozens of foreign tech workers.
When news broke of the bank’s collapse, many startups withdrew their funds from the bank and began to question the security of the banking system as a whole. SVB’s collapse may be a signal that something worse is on the horizon, which may lead tech companies to freeze hiring and potentially lay off workers many of which are in the United States on visas.
As a foreign worker, losing a job is not just losing a paycheck. It means your legal status in the United States could ultimately be put in jeopardy. Workers who have been laid off will be forced to find a new employer within 60 days, or risk having to depart the United States.
In recent months, we began to see massive layoffs throughout Silicon Valley including those at Twitter, Meta, Facebook, and Google. Now the bank’s collapse could set in motion an extensive hiring freeze and a shrinking workforce in the months ahead. This is surely unwelcome news for tech workers currently in the United States on H-1B visas. The climate of uncertainty and panic caused by the bank’s collapse, could leave employers with cold feet when it comes to sponsoring workers for employment-based green cards.
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