When Immigration Matters

Department of State Revises October Visa Bulletin

Posted by Karen-Lee Pollak on Fri, Sep 25, 2015 @ 6:30 PM

On September 25, 2015, the Department of State published a revised visa bulletin for October, rolling back the "Dates for Filing" for several visa categories. This revised September 25th Visa Bulletin supersedes the previous visa bulletin released for October published on September 9, 2015.

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Travel While Adjustment of Status is Pending

Posted by Karen-Lee Pollak on Thu, Jun 18, 2015 @ 9:22 AM

We are often asked "Do I need advance parole to travel if I am here on a non-immigrant visa and have applied to adjust my status to Legal Permanent Resident?"

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EB-5: USCIS continues to recognize RIMS II for Indirect Job Creation

Posted by Michael Pollak on Fri, Jul 25, 2014 @ 2:20 PM

On June 19, 2013, the U.S. Bureau of Economic Analysis (BEA) issued a docs/bea report.pdf announcing its plan to eliminate its Regional Input-Output Modeling System (RIMS II) economic model. That model has been specifically approved by USCIS and RIMS II reports have been heavily relied upon by a majority of EB-5 investors and Regional Centers in filing their EB5 applications.

This announcement has left many in the EB5 arena wondering what type of evidence of job creation would BEA start accepting and whether USCIS would continue ot accept RIMS II modeling. 

On July 3, 2014, the BEA announced its "plans to release in 2015 a modified economic model to replace the original" RIMS II model.

Former BEA economist, John Barrett of Performance Economics LLC told David Morris, Chair of the AILA/EB-5 Committee summarized the BEA News as follows:

  • No change in the methodology of the USCIS approved benchmark series of multipliers;
  • Benchmark series now based on the 406-industry 2007 benchmark I/O table instead of 2002, an improvement;
  • USCIS should continue to take a positive view of RIMS II, as they have in the past.

According to Barrett, “Given this announcement by BEA, there is no reason why USCIS wouldn’t continue to recognize RIMS II as a ‘verifiable methodology'".  The Benchmark Series multipliers will be produced exactly as they have in the past and therefore USCIS would be hard pressed to find a reason to reverse itself on past recognition granted RIMS II.”

If your EB5 application is through a Regional Center you must make sure that if the project is relying on indirect job creation reports that these reports continue to be valid and make sure that the reports have been approved by a qualified econoomist as to the impact of the RIMS II changes.

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Is All Hope Lost If I Have Overstayed My Visa?

Posted by Michael Pollak on Sun, Jan 20, 2013 @ 7:00 AM

Immigration attorney Karen-Lee Pollak explains the 245i provision which allows you to apply for a green card if you are in the United States legally.

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