State Department Estimate of DV Immigration Lottery Registrations of Approximately 6,000,000
The State Department has been conducting annually immigration lottery registration electronically and out of the registrants, the agency randomly selects 50,000 who will be eligible for immigrant applications. The agency is currently using DS-551 electronic registration form and seeks reauthorization of this form from the White House. According to the information, the agency estimates at approximately 6,000,000 registrants annually. Wow!
American Dyslexia Association Inc. Chooses Jaensch Immigration Law Firm for their Expansion to the U.S. Market
An international non profit organization which educates the public and trains educators about Dyslexia has chosen Jaensch Immigration Law Firm to implement their process of setting up their international headquarters in Sarasota, Florida.
A non-profit organization, The American Dyslexia Association provides support for dyslexic and dyscalculic people with free information and teaching aids. “Teachers, psychologists and medical personnel can benefit from the training and diagnostic tools. Educators can coach parents on how to support their children. We've had wide success internationally,” says Pailer-Duller, Executive Director of the organization and head of the Sarasota office.
Pailer-Duller believes that, although there are a number of associations in America that cater to the needs of the dyslexic community, her organization has something unique to offer.
Established in Austria 15 years ago, the Austrian Dyslexia Association offers dyslexia training with certification for educators of children with special needs. The primary methodology they promote, called Attention – Function – Symptoms Method, has been proven and practiced successfully in over 40 countries. “Most other methods focus on only one part of the equation,” says Pailer-Duller. “One might emphasize the practice of reading and writing, another one might focus on improving attention and concentration, and yet another one for improving sensory perceptions. With our method, we have combined all three parts. That's why it's so successful.”
Expanding to the U.S. Market.
Pailer-Duller says they picked Jaensch Immigration Law Firm because of their longstanding reputation and experience working with European companies establishing themselves in the U.S. “They knew exactly what documents they needed, and there was quite a bit of paperwork,” she recalls. “We could have never got this thing going by ourselves.”
When asked whether she noted any differences between approaches to handling dyslexia in the U.S. or in Europe, Pailer-Duller said that it depended on who the parents were sent to for help. Of course, specialists in the United States are more prone to prescribing medication, and Europeans might be more likely to try a child psychologist. “There is so much misdiagnosis when it comes to Dyslexia on both continents. Usually, dyslexia is neither a medical or psychological problem. It's a sensory perception anomaly that needs the attention of an educator that teaches reading and writing in a certain way. Because of their reading and writing difficulties, dyslexic children often become inattentive when it's time to read and write.” Pailer-Duller says this often leads to an ADD misdiagnosis in the U.S., and medication may be prescribed which is unnecessary, and may even worsen the situation. “Using the services of a certified Dyslexia Trainer is the most effective solution,” she said.
Local Entrepreneur Gets Lucky
For German-born Boris Bischof of Sarasota, perseverance has paid off. On his forth year of trying, this year he won the green card diversity Lottery. "At first, I thought it was a sham,'' Bischof recalls receiving his congratulations letter in early June. But he then recognized his entry number and rejoiced in being one of the lucky. . . 55,000 chosen winners?
''Actually, they pick 100,000 people to be the winners, because immigration knows that about half of them don't get the right documentation or don't have the qualifications,'' Bischof says. ''I'm excited about it, but I'll only really be happy and jumping when I have it in my hand.''
Bischof, an avid jet-skier and sun worshipper, is presently in Sarasota Florida on an E2 Work Visa, acting as Director of Lasersoft Imaging, a high-end scanner software originating in Germany. When his number comes up, he will be able to adjust to a renewable ten-year green card residency. ''This represents an enormous amount of freedom for me. My job is linked directly to that Visa, I could take any job now.'' Most importantly, he won't have to worry about renewing his work Visa every few years, a procedure Bischof says makes him feel like ''a persona non grata beggar.''
Bischof said he was glad that he filed his entry through an agency. ''I hate the thought of having something incomplete, or wrongly filled out.''
When asked whether he thought Germany really was underrepresented in America, Boris smiles. ''I don't know, but to be perfectly honest, I don't care! Fact is I won!'' As soon as he has the green card, he will look forward to the next step, citizenship. ''I didn't think like that 5 years ago, but now with the new president, I love being here. I fit in here now.''
Jaensch Immigration Law Firm did not represent Bischof with his lottery submission or application for permanent residence after he was selected for the lottery. However, the law firm offers both services. It can process a lottery submission for an eligible candidate for $150 per person. As a part of its service, the law firm evaluates whether the person meets the lottery requirements and whether the person will meet the admissibility requirements should they be selected in the lottery. The firm's lottery registration page is located at www.VisaAmerica.com/greencard.
Best Time to Buy a Business is NOW?
The old Dickens line, "It was the best of times it was the worst of times..." really applies to buying a business in the Sarasota Bradenton area at this time.
I have talked to numerous business brokers and prospective buyers and their comments are interesting.
The brokers report having a very difficult time pricing the businesses and getting the owners to agree to a price, because nearly every business reports lower income in 2008 and 2009 compared to 2007 and earlier years.
The prospective buyers that I see are really working hard to fnd businesses and there are a lot of buyers out there. But, they are having a hard time finding a business they want to acquire. Due to the uncertainty of future income levels, they are ultracautious and tend to find one or more "critical flaws" that cause them to back away from the purchase.
Despite these challenges, I think that now may be the best time to buy a business.
The economy is causing a lot of business owners to reevaluate their work lives and many businesses with strong potential can be purchased for much less now than in prior years.
They key ingredients to making a deal seem to be finding a buyer with enough resources to carry the business as it resumes growth and finding a seller willing to accept that the sale price of the business should be based on what it earns now and not what it earned in 2005, 2006, 2007 or what it may earn in 2011 or 2012.
For information about business brokers in the area, contact me at Chris@VisaAmerica.com
Regional Center EB-5 News
Congress extended the Regional Center EB-5 Program once again until October 31, 2009. Hopefully, a longer exension will be announced this month.
A Sarasota group has established an EB-5 Regional Center program ibased n Sarasota that covers the whole state of Florida. This is the first time that an EB-5 investor who wants to live in Sarasota or Bradenton can invest his or her money close to home. I do not have any details on the project yet, but their website is: www.eb5florida.com
Successful Assisted Living Facility For Sale
The owner of a larger and very succesful assisted living facility in the area contacted me to tell me that her business was for sale to the right person. The owner is looking to sell so that she can focus on religious persuits. For more info, email: Jesussaves1953@hotmail.com
Necessentials Opens on Saturday, September 19!
There is a new German-owned business in Sarasota, Florida, called Nessentials, which opens on Saturday, September 19th at 2332 Gulf Gate Drive (in the Gulf Gate shopping district). Operating hours are 10-5.
The business will sell premium quality brooms, brushes and spider sweepers with telescopic arms, as well as other products and gifts for the home and body made out of wood and natural fibers (like horse hair, boars hair, badger hair, etc.). Nearly all of these products will be imported from Germany.
These are the kinds of products that look beautiful and work better than the plastic stuff sold in big box stores. They make great gits too. Check out the store and support local businesses.
Registration Dates Announced for 2011 Green Card Lottery
The Department of State announced the registation dates for the 2011 green card lottery (DV 2011).
The online entry registration period for DV-2011 will be October 2 until November 30, 2009.
We do not have any more details yet, such as which countries can participate, but we will provide more information as soon as it is available.
Check out this blog for updates or to register for the lottery, check out the LOTTERY REGISTRATION PAGE at www.VisaAmerica.com
E Visa Applications Getting Tougher in Frankfurt
We have been hearing from our German E visa clients that the new E visa officer in Frankfurt is getting a lot tougher.
E visas include the E-2 investor visa, for people who invest money to open their own business, and the E-1 trader visa, for people who conduct a substantial amount of trade between the U.S. and their home country.
One German client seeking a new E-2 visa was scolded by the E visa officer and was told to come back after he invested more money and created more jobs (despite giving evidence that his investment was sufficient for the type of business he was opening and despite giving professionally prepared financial projections showing that the business would not be marginal).
Another German client was approved for an E-2 visa, but the E visa officer told the client that they had researched competing businesses in the town where his business would be located to see whether his business concept was viable.
A third Germany client was approved for an E-2 visa, but she said it was a scary experience. The following are excerpts from her description of her E-2 interview in Frankfurt:
I have got the 5 year visa and the 2 years [I-94 card] when entering the USA. But I can tell you, it was hard work with the visa officers in Frankfurt.
I don’t know how detailed you know about the whole procedure, but I will let you know:
First of all, there are no parking lots any more for applicants on the grounds of the consulate [this has changed since last year] - there were a lot of them still in December.
Before you can enter the building you stand in a long line outside the building to get a number - you have to show the passport, the appointment notice, the receipt that the Rosko bill confirming the fee was paid and the DS-156.
When you have got your number you have to pass the security check. [It is] way more harsh than at the airport, no electronic devices, no cell phones or laptops, not even a light with battery on your key chain (a man was sent back to leave that at the kiosk somewhere around the corner).
Then you walk to another building and when entering there you are given a piece of paper stating in what order your paperwork has to be arranged: passport, receipt, D 156, envelope with stamp and address.
Then you wait in a big hall with lots of chairs and people with all kind of nationalities (not too many Germans) - all the counters from number 1 to 22 along the wall - you see smiling and not smiling people leaving these people behind their glass wall - until your number is called for the first time (counter 1-7 on the right hand side).
The lady that called my number for the first time that day (she was German) was very unfriendly. She said she would need a resume with 4 copies and something else I forgot and she wanted to send me away already. I told her, that I had a FREV (E-2) appointment and had sent in a big package with all the information and business plans etc. [for the application]. She said, there is nothing like that in the computer, she would know if there was some paperwork from me - there is nothing.
Luckily, I had a copy of everything, which your office gave to me. I gave that to her and the said, “Don't put anything over the counter unless you are told to....” Then she walked away and came back after a while, took the copy, walked away again and told me later to take a seat until my number will be called again.
Two hours later my number was called again. I had already figured out which counter might be most likely my counter (Nr. 14). There were also more than two FREV (E-2) appointments a day and I had the impression, that there was another counter for E visas, because at these 2 counters the officers had to read first a whole big application for at least half an hour, then
called the number and the conversation with the applicants lasted at least another half an hour.
The application of the lady ahead of me had been denied ($35,000 already invested) and I thought to myself, “ok, he has had his denial, now he can approve mine.”
The officer questioned me about a previous B visa application that had been denied for more than 20 minutes. He obviously had a comment in his computer from the officer from the last application. I don't know what it was, but it must have been something seriously bad - I felt like a suspect. After telling him my whole story of life regarding plan plans in the U.S. and that I didn't know when I applied for a B visa that I would eventually decide to open a business in the U.S. and give up my business in Germany, we finally came to talk about the E-2 visa application (he then had the original and the copy).
Finally he started getting more relaxed. He liked the idea for the business and the name. He wanted to know whether the store was now in its final shape to open immediately. I told him yes and that the goods are already in Tampa.....and then he finally said: your application is approved....It took 6 days, until the passport with the visa has been sent back.
USCIS Denial Rates Up Significantly in 2009
This information comes from my favorite immigration blogger, Matthew Oh (check out: www.immigration-law.com).
According to Mr. Oh: Statistics reveals that the USCIS immigration benefits denial rate of the total adjudication as of end of July 2009 marks 129% increase over the same month one year ago, 07/2008. When it comes to the annual avarage denial rate during the period between July 2008 and July 2009 also reflect 45% increase. These two statistics reflect that the denials increased as the months moved ahead in 2009.
The statistics seems to show that denials have increased in all categories except for naturalization.
Jaensch Immigration Law Firm can confirm that this information is in line with our recent experience. We have seen a marked increase in requests for more evidence (RFEs), which often preceed denials.
We have even seen a few denials without prior issuance of RFEs. The USCIS essentially denies the case without giving the applicant the opportunity to provide additional information in support of his or her case.
In light of the high fees currently being charged by the USCIS and long processing times for some categories, we believe that the practice of denials without prior RFEs is grossly unfair.
We speculate that the increase in denials probably reflects sensitivity of the adjudicating officers to the recession. However, our view is that making visa applications harder (particularly for small business owners with L-1 visas), they are actually hurting the economy and limiting the positive employment creating effects of immigrant-owned businesses.
USCIS Tampa Field Office Working Hard!
I recently met with the top managers and supervisors of the USCIS Field Office in Tampa as part of a liaison meeting organized by the Central Florida Chapter of the American Immigration Lawyers Assn. (AILA).
The Branch Chief in Tampa provided some interesting statistics, which include:
In a typical month the supervisors at the Tampa Field Office oversee the processing of:
1,500 Infopass Appointments
1,200 applications for naturalization
1,300 applications for permanent residence
Plus the scheduling and adjudication of Forms N-600, I-751, N-336, I-601, etc.
Also in a typical month the supervisors must respond to e-mail inquiries from:
Their chain of command
The USCIS Ombudsman’s Office
The White House customer assistance office
Community-based organizations
AILA members
Congressional Inquiries
It is clear to me from these statistics and from my personal interaction with the Tampa Field Office that these folks are really working hard. So, keep that in mind if and when you deal with that office.
EB-5 Regional Center Memorandum Updated-- Info on New Programs in New Orleans and Milwaukee
A while back, we created a document called the EB-5 Regional Center Memorandum with Program Details. This document is available on the ARTICLES page of www.VisaAmerica.com.
The memo is unique, because it describes some of the details and differences between the various EB-5 Regional Center Programs. These programs enable a foreign investor to invest $500,000 or more and qualify for permanent residence in the U.S.
We have recently updated our EB-5 memo to include details about two more Regonal Center Programs: one in New Orleans and one in Milwaukee.
Both of these programs have features designed to address some of the problems and limitations of older EB-5 Regional Centers. Each of these programs has provided additional information to us for intersted parties. For more information, please contact Chris@VisaAmerica.com
Brian Dumas Offers Advice on Investing in Franchises
Sarasota business broker, Brian Dumas, has provided our readers with a very informative document called "Steps to Owning a Franchise." This document may be downloaded on the ARTICLES page of www.VisaAmerica.com.
Franchises can be a good vehicle for investors seeking to qualify for an E-2 investor visa or an L-1 intracompany transfer visa, because much of the groundwork involved in developing the business concept has already been done by the franchisor. But, selecting a franchise can be difficult.
Prospective franchise investors should always work with a business law advisor and a financial advisor. Reading the information provided by Brian is also a great introduction to the subject.
For more information about franchise opportunities, contact Brian Dumas at Murphy Busines Brokers in Sarasota at (941) 925-1511 or email him at: bdumas@murphybusiness.com
USCIS Tampa Field Office Now Permits Cell Phones in the Building
The USCIS Tampa Field Office has not permitted cell phones in its building for years due to security concerns. Recently, they changed their policy.
The new policy has four requirements:
1. Cell phones must be set to vibrate when a person enter USCIS (the phone should not ring in the building);
2. Cell phones must be turned OFF during interviews;
3. Cell phone cameras may not be used with the exception of taking photographs of naturalization proceedings; and, finally,
4. Persons speaking on cell phones should speak in low volumes when using cell phones so as not to disturb others.
In many cases, waiting times for interviews at the Tampa Field Office can be an hour or longer. Having a cell phone available makes the waiting time much more tolerable.
Bravo to the USCIS for changing its policy!
Will New Law Allow Green Cards for E-2 Visa Holders?
Congresman Adam Putnam of Florida has introduced a new bill in the House of Representatives which would allow issuance of green cards for up to 3,000 E-2 visa holders per year.
Keep in mind that this is just proposed legislation and it faces steep odds of getting passed into law.
The bill, which is called the "E-2 Nonimmigrant Investor Adjustment Act of 2009," carves out 3,000 green cards from the 10,000 green cards that are available each year in the EB-5 category.
To qualify, the E-2 investor must be present in the U.S. for at least five years, must have invested at least $200,000, and must create full time employment for at least two individuals.
The unique thing about the proposed legislation is that the investor would be able to apply for adjustment of status. Usually this is a secondary step after an immigrant visa petition has been adjudicated. By filing right away for adjustment of status, the investor and his or her family would be eligible for temporary work cards and advance parole travel permits. Children under 21 might be protected from aging out.
If you support this visa, please contact your Congressman Putnam (his Washington office number is 202-225-1252) AND contact your local Congressperson.
Jaensch Immigration Proposes Legislation for New Temporary Visa for Retirees Who Purchase Foreclosed Homes
Today, Chris Jaensch presented a proposal to Congressman Vern Buchanan's office for a new temporary visa for retirees who purchase foreclosed properties. Here are the contents of the proposal:
Dear Congressman Buchanan:
I am an immigration attorney in Sarasota, Florida, and currently serve as the Regional Vice Chair for the Tampa Region of the American Immigration Lawyers Association. I am providing this letter in the hope that you will consider a legislative proposal that I have devised that I think would significantly help our local and national economy. In short, the idea is to create a temporary (nonimmigrant) visa for foreign retirees who purchase and retain a preset amount of foreclosed homes.
A large part of my law practice is based on assisting retired foreigners (primarily Europeans with a smaller number from South America) who want to spend more than six months in the U.S.
Under current immigration law, these foreigners can come to the U.S. as visitors on B-2 Visitor Visas or, in some cases, as visitors under the visa waiver program. Generally, they can spend no more than six months per year in the U.S. These clients have been asking me for years why the U.S. government does not have a visa for self-sufficient foreign retirees, but there has never been enough support in Congress for such a visa.
So, I typically have to find some alternative way for them to stay longer in the U.S. Many of my clients invest in businesses and apply for an E-2 investor visa. This visa requires active participation in a business that creates employment for U.S. workers. A few apply for an EB-5 green card based on an investment of $500,000 in a Regional Center. This green card allows a more passive investment, but the investment tends to be more risky and there are no approved Regional Centers on the west coast of Florida. I have many clients who have ample funds to invest, but are not satisfied with these two options.
Therefore, I would like to propose a new temporary visa that would be valid for five years for foreign retirees. To qualify for this visa, the foreign retiree would have to show the following:
1. He or she is over 50 years old
2. He or she has a source of income, would be self-sufficient in the U.S. and would not need to work here.
3. He or she has purchased in full (no mortgage) four foreclosed homes, paid all outstanding taxes on the homes and is actively seeking to rent the homes to others.
4. He or she owns a personal residence in the U.S., maintains a residence outside the U.S., and does not have the intention of staying in the U.S. permanently.
5. He or she is otherwise admissible into the U.S.
In my view, this new visa could easily be incorporated into the existing regulatory framework.
The benefits of this visa are many and include:
1. It would create a demand for foreclosed homes, which might ultimately increase prices.
2. It would bring new money into the U.S. and would not require bank financing for the homes.
3. It would help ensure that the foreclosed homes are contributing to local and state governments in the forms of property taxes, are being maintained, and are being offered for rent to the public.
4. It would enable self-sufficient retirees to live in the U.S. year round, increasing the time that they would spend their money here, which would help our retail and service businesses.
5. It would increase the desirability of the U.S. as a retirement destination, which would increase demand for housing.
The general principals of this proposal could actually be implemented without new legislation under the current E-2 investor visa rules. It would simply require the Department of State to determine that renting four foreclosed properties is a “real and active” business enterprise and that the taking the homes off the market and renting them out satisfies the marginality requirement because it makes a “significant economic contribution.” It would easily meet the other E-2 requirements (e.g. substantial investment).
BLOG READERS: If you support the creation of a new retiree visa or the expansion of the E-2 rules to include investments in foreclosed properties, please contact Congressman Buchanan's office at (941) 951-6643
Legislative Developments
While truly useful legislation benefitting large numbers of immigrants is nowhere to be seen yet, there have been some smaller pieces of legislation proposed in Congress this session which would benefit some groups of immigrants. This includes the following:
THE NURSING RELIEF ACT OF 2009, which creates 50,000 temporary visas (W Visas) for RNs. The visa would involve rules that are very similar to H-1B work visas including a validity period of three years with the possibility of renewals, a prevailing wage requirement, and the permission of dual intent.
THE OMNIBUS APPROPRIATIONS ACT OF FISCAL YEAR 2009, which may extend certain expiring immigration programs such as the EB-5 Regional Center investment Pilor Program and the non-minister religious worker program.
Investment Opportunity: Local Manufacturer of Preserved Botanicals Seeks Expansion Funding
Sarasota recently became the home of Frederic Jean Augé, who is one of the world’s preeminent specialists in the area of botanical preservation.
Preserved botanicals are commonly used in the floral and interior design industries. These are actual leaves, flowers, trees and other natural botanical products that have been preserved to last indefinitely. For example, it is becoming increasingly common to see preserved palm trees in offices and shopping malls.
To preserve flowers and foliage, there are two methods: the “systemic method” and the “immersion method”. In the systemic method, the botanicals stand in a tray of artificial sap, which is a proprietary formula developed by individual specialists and derived from natural products. The temperature and humidity of the ambient air is controlled to facilitate perspiration. By osmosis, as the plant perspires, it absorbs the artificial sap, thus eventually preserving it.
In the immersion method, which is mainly used to preserve flowers, the fresh botanicals are completely immersed in a preserving liquid over a period of time. Eventually, the preserving liquid replaces the natural sap and the flower is preserved.
The “science” of preserving botanicals is in developing immersion liquids or artificial saps that can best preserve a particular species. The “art” of the process is choosing the dyes and other methods to make the plant look most natural when the process is done.
Mr. Augé has mastered both the science and the art of preserving botanical products and he is working with a local company to develop a manufacturing facility in Sarasota.
He already has a production line up and running and is activity engaged in research and development of new products. So, what is the problem? He says that they are getting larger orders than they anticipated and they do yet not have the space and the production capacity to meet the demand.
Mr. Augé is looking for an investor to help fund the expansion of the business. With sufficient funding, the business could create 10 or more specialty manufacturing jobs. For foreign investors, it could possibly be a vehicle for qualifying for a business visa.
EB-5 Immigrant Investor News
1. Legislative Update on Efforts to Extend EB-5 Regional Center Program:
The EB-5 Regional Center Program, which allows investors to qualify for a green card based on an investment of $500,000 in an approved regional center, is set to expire on March 6, 2009. Due to the pending sunset date, many prospective investors are waiting to see whether the program will be extended before making a commitment. Recently, representatives of the Invest in the USA (IIUSA) trade association, headed by Steve Yale-Loehr (an attorney and EB-5 expert) met with Senate and House immigration staffers in Washington, D.C. They received word that another 6-month extension until September 30, 2009 will likely be approved by Congress as part of a new continuing resolution or an omnibus appropriations bill. But, it remains unclear whether Congress will permanently approve the EB-5 regional center program at this time.
2. EB-5 Premium Processing?
The USCIS authorizes “premium processing” in certain cases in which the USCIS will adjudicate an application within two weeks for an extra fee of $1,000. Premium processing has never been available before in the context of EB-5 adjudication, but that may change. In a recent conference call between USCIS, IIUSA and the American Immigration Lawyers Association (AILA), the USCIS reported that it was transferred all adjudication of EB-5 applications to the California Service Center. 10 adjudicators there would be assigned to work on EB-5 cases. They reported that after the transition is complete, the USCIS may consider instituting premium processing. They did not indicate what stages of the application process this would apply to (stage 1: the I-526 petition, stage 2: adjustment of status or consular processing, and/or stage 3: I-829 removal of conditional status). Presumably it would just to the I-526 petition. The USCIS also stated that it was very unlikely that they would allow concurrent submission of stage 1 and stage 2 applications, which is allowed in some other green card categories.
3. New Regional Center Approved in Orlando Area:
Lake Buena Vista Resort Village & Spa near Orlando was recently approved as Florida’s first EB-5 Regional Center:
Sam Sutton, managing member of the Lake Buena Vista Resort, currently has 500 condo-hotel units and wants to build another 1,300. To finance that, he wants to sell 70 existing condo-hotel units and then attract more investors through the EB-5 Program to finance the construction of a new 152-unit building at the resort.
He wants to attract 35 investors to contribute $1 million each to buy 70 units in the existing condo-hotel. The next phase calls for 35 additional investors to contribute $1 million each to build a new 152-unit building. In other words, there will be 70 total slots for investors and each will be required to invest $1 million.
Note that not all EB-5 Regional Centers permit an investment of $500,000. This is only allowed if the regional center is located in a “target employment area” (area of high unemployment or a rural area). The Orlando project is not in a targeted employment area, therefore the standard investment of $1 million is required.
Brian Dumas: A Good Source for Buying and Selling a Business in Sarasota
I recently met up with Brian Dumas, who is a Business Transfer Specialist at Murphy Business Brokers in Sarasota.
Brian has been in Sarasota for over 20 years, but is originally from Canada. During the course of his career, he has established, purchased, and sold a number of his own businesses in the U.S. and Canada and has a lot of personal experience to offer.
As a side note, his wife, Shawn, is an Acupuncture Physician in Sarasota and has a Master’s degree in Traditional Oriental Medicine (see her website: http://acupuncturehealingcenter.com/). Brian also has a passion for Porsche automobiles
Brian agreed to send me monthly summaries of businesses that are for sale in Sarasota, Charlotte and Manatee Counties. I will be happy to share this information on request.
Some examples include:
1. An art gallery in Sarasota with a listing price of $120,000
2. A health food retail store in Manatee with a listing price of $119,000
3. A dive shop in Charlotte with a listing price of $325,000.
Please note that I do not have any information about the income of these businesses, the exact location, the number of employees, the suitability for immigration purposes. This information you would have to get from Brian himself (you can call him at 941-925-1511 or 941-650-5991 or email him at Bdumas@murphybusiness.com
Also, you can check out some listings that are available on line at:
http://www.murphybusiness.com/sarasota/mls-listings/
Immigration News for People Who Follow the Details
H-1B VISA UPDATE: Starting in January, it will no longer be possible to get a Labor Condition Application (LCA) certified the same day. It may take week. A certified LCA is required when filing an H-1B petition. As employers prepare for the now annual H-1B application day and lottery (April 1st), they must allow extra time for getting a certified LCA.
PERM LABOR CERTIFICATION UPDATE: The Department of Labor has indicated that processing times for “clean” PERM applications are now about 8 months. For audited applications, the processing time is about 16 months. Adjudication of appeals is taking longer than 2 years. Also, expect more scrutiny of employer recruiting as unemployment rises. In particular, the DOL will be looking if the employer has had layoffs or if there have been layoffs in the industry in the region of employment.
TRAVELING AS A VISITOR: Don’t forget that travelers from 8 new countries will be able to enter the U.S. without a visa for up to 90 days on the visa waiver program starting in November. The countries are: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea. Also, starting in January, visa waiver travelers must pre-register with the ESTA program. For more info see: http://www.dhs.gov/xnews/releases/pr_1212498415724.shtm
LOCAL NATURALIZATION PROCESSING TIMES: Naturalization processing for residents within the Tampa district are taking 5 to 6 months and are among the fastest times nationally. Unfortunately, naturalization processing for residents in the Orlando district are taking 14 months are among the slowest nationally.
Seminar on Buying and Selling a Business on November 20th
SCORE, SBDC, Fifth Third Bank, Bill Boyette, CPA, and attorney Ken Chapman, Jr. are offering a symposium on buying and selling a business the smart way.
It is scheduled for November 20th from 8 am to 1 pm at MCC Center for Innovation and Technology Lakewood Ranch (7131 Professional Pkwy E, Sarasota, FL).
Register by calling Linda Baxter at 941-408-1412. The registration fee is $29.
Visa Waiver Expanded--More Travelers Can Enter U.S. Without A Visa
The U.S. government recently expanded the Visa Waiver Program to include the Czech Republic, Estonia, Latvia, Lithuania, Hungary, the Republic of Korea and the Slovak Republic. Soon (but not yet) citizens of these countries will be able to visit the U.S. for up to 90 days without a visa.
The United States must still complete certain internal steps required by statute before it can complete VWP expansion.
Nationals of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, the Republic of Korea and the Slovak Republic continue to require visas to travel to the United States during that period.
Nationals of these countries are expected to be able to travel without obtaining a visa beginning in mid- November 2008 AS LONG AS they have a biometric passport and register on-line through the Electronic System for Travel Authorization (ESTA).
The Department of Homeland Security (DHS) announces implementation of the Electronic System for Travel Authorization (ESTA), which began to accept voluntary ESTA applications starting on August 1, 2008. ESTA is a new fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program. ESTA applications may be submitted at any time prior to travel to the United States, and VWP travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States. It is anticipated that ESTA will become mandatory for VWP travelers from current VWP member countries on January 12, 2009 and for VWP travelers from newly admitted VWP countries in mid-November 2008. Learn more about ESTA on the DHS Customs and Border Protection (CBP) website.
USCIS INCREASES PERIOD OF STAY FOR TRADE-NAFTA
This press release from the USCIS announces the good news for TN workers from Canada or Mexico:
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay.
This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period
of admission given to H-1B professional workers.
Eligible TN nonimmigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year.
The TN nonimmigrant classification is visa category available to eligible Mexicans and Canadians with at least a bachelor’s degree or appropriate professional credentials who work in certain qualified fields pursuant to the North American Free Trade Agreement (NAFTA).
Qualified professions identified within NAFTA include, but are not limited to, accountants, engineers, attorneys, pharmacists, scientists, and teachers.
This final rule will ease administrative burdens and costs on TN workers. It will also benefit U.S. employers by increasing the amount of time TN nonimmigrants will be able to work for them before having to seek an extension of status.
Spouses and unmarried minor children of TN nonimmigrants in their corresponding nonimmigrant classifications will also benefit from the new regulation.
This improvement to the TN nonimmigrant category was initially announced by Homeland Security Secretary Michael Chertoff and Department of Commerce Secretary Carlos Gutierrez on Aug. 10,
2007. The effort is one of the 26 initiatives identified by President Bush’s Administration to address current immigration challenges using the tools and authorities available under existing law.
For more information on the TN nonimmigrant visa program or to view the final rule, visit the USCIS Web site or call the National Customer Service Center at (800) 375-5283. –USCIS –
Expect Delays in Issuance and Renewal of Employment Authorization Documents
People who have filed a green card application and are in the process of adjusting their status to permanent resident are eligible for temporary employment authorization documents (EAD cards).
There was a huge surge in green card applications in the summer of 2007 and the government issued 1 year EAD cards that are expiring now.
As a result, the government now has over 230,000 new and renewal EAD applications pending and has fallen behind in the issuance of EAD cards.
EAD applicants have to know that:
1. Processing of new EAD cards will likely take over 90 days
2. At this time, interim EAD cards may be delayed even if the application has been pending more than 90 days.
3. Applicants still cannot apply for EAD card renewal more than 4 months before the EAD card expires
4. Applicants are not permitted to work after the old EAD card expires and before a new EAD card is issued. If they continue to work they would be working without authorization. The government might refuse to approve the adjustment of status application.
This makes a very bad situation for the applicants, but there is not much that we can do other than make an appointment for the applicant at the local office to try to get an interim EAD card once the application has been pending more than 90 days.
Calling USCIS has not been much help, by the way. Applicants are finding they get a different answer each time they call.
My advice if you have an EAD card and need to renew it is to apply as early as possible--four months before the expiration date.
EB-5 Regional Center Program Gets Temporary Extension
On 09/27/08, the Senate passed, by a 72-12 vote, the fiscal 2009 continuing resolution (H.R. 2638) which would extend funding for all government operations through March 6, 2009.
The bill, which was passed by the House of Representatives on 09/24/08, includes an extension of the basic pilot/E-verify program (section 143) and an extension of the EB-5 regional center pilot program (section 144). Both extensions would only last through the term of the continuing resolution.
The measure now heads to the President for signature. It does not take effect until signed.
The WEST Program-- A New Visa Opportunity for Young Koreans
Secretary of State Condoleezza Rice and Foreign Minister Yu Myung-hwan of the Republic of Korea signed a Memorandum of Understanding on the WEST (Work, English Study, Travel) Program and expansion of other reciprocal exchange opportunities on September 22 in New York.
During their most recent summit in August 2008, President George W. Bush and President Lee Myung-bak of the Republic of Korea discussed plans to create new bilateral opportunities for young Americans and Koreans to learn about each other’s country by working, studying, and traveling abroad. The WEST Memorandum of Understanding is the result.
The WEST program is an innovative exchange program that will allow up to 5,000 qualifying university students and recent university graduates from the Republic of Korea to enter the United States for a period of 18 months on J-1 exchange visitor visas that will allow them to study English, participate in internships, and travel independently. Participants will devote at least 450 classroom hours to structured English language training and coursework focusing on American business practices and business procedures, U.S. corporate culture, and general office management issues. The program will be coordinated by the private sector under the auspices of the United States Department of State’s Bureau of Education and Cultural Affairs. This program will be launched in 2009.
Coming Soon: Green Card Lottery
The State Department has announced the dates when it will accept registrations for the 2010 Diversity Visa (DV) lottery (the “Green Card Lottery”). Registration begins at Noon EST on October 2, 2008, and ends at Noon EST on December 1, 2008.
The government has NOT yet announced the instructions for the lottery and the countries that are eligible to participate.
As soon as we have this information, we will post it here and on our main website.
Local Speech Pathologist Helps Foreign Clients Improve Accents
I was recently in contact with Marcia Hoodwin, M.A., who is a Certified Speech-Language Pathologist and Corporate Speech Trainer based in Sarasota. She told me about a service that she provides to help foreign-born clients with their accents. I asked her to provide me with more information, and what she sent me is quite amusing. Take a look for yourself:
Throughout my career, I have worked with many foreign-born individuals, from all walks of life. Most of them have been hardworking, good at their careers, and ambitious. However, they were having trouble communicating effectively. This would affect their relationships with coworkers, customers, and supervisors. It would keep them from getting a job or being promoted, and would affect their self-confidence.
In general, I feel that a person having a foreign accent is a good trait. It means that the individual is at least bilingual. But if the accent is interfering with the ability to be understood, then this will create a lot of problems for the person. For example, one doctor I worked with was always afraid to ask his patient to put a sheet over him or her, because he was afraid that it would come out, like the not so nice word, “sh_t”. Or maybe you just want to ask your friend to go to the beach and it comes out like the bad word “b_tch”. One of my clients would say the word “fool” instead of “full”. You wouldn’t want to say, “You are fool”.
Most of an accent consists of pronunciation and intonation (stress) differences. For example, most languages do not have the “th” sound, so many foreign-born individuals will substitute a sound from their native language instead. They may say “tin” for “thin”. Or they may put the stress on the wrong syllable. I know from experience that this can make you unintelligible. When I was trying to speak, the little Spanish I know, in Spain, even when I was sure that my pronunciation was exact, they could not understand me. Once, I was told to just speak English.
For more information, on this topic, please call Marcia at 941-921-9533 or email her marcia@accentsaway.com. She also has a website at www.accentsaway.com.
Sarasota Realtors Lead the Community in International Business Marketing
Congratulations to Carla Rayman and Patricia Tan, both from Prudential Palms Realty, as well as Catherine McCaskill, from Sarasota Association of Realtors. These women were the driving force behind the just-finished Sarasota International Real Estate Congress 2008.
The congress was a three day event at the Hyatt Regency in Sarasota featuring a certification program for realtors on the first day and two additional days of panel presentations covering topics such as trends in international real estate, meeting the needs of foreign investors on the Florida Gulf Coast, and planning international real estate transactions (including immigration and tax considerations).
Over 130 people attended the congress. It was a real pleasure to see so many supporters of new immigration legislation in one room! There seems to be a lot of pent up demand among realtors and their international customers for “retirement visa” or some other legal way for foreign vacation homeowners to spend more than six months at a time in Florida.
The Sarasota International Real Estate Congress is not the only way that Sarasota realtors are marketing the area to foreign investors. In fact, they are doing more to promote Sarasota internationally than any other group or industry by far.
I recently met with Carla Rayman, who serves as Director of International Business Development for Prudential Palms Realty, and she told me about all of the trips she has taken in the past few years to market the Sarasota area. She has traveled to the U.K. twice in the past 12 months and has a third trip planned soon. She went to Spain for three years in a row to attend SIMA, the Largest International 2nd Homes Expo in the World. She also has planned or is considering trips to Germany, Dubai, and Costa Rica.
Carla is also very involved in promoting international business at the regional level. She is member and/or director in the Greater Sarasota Chamber of Commerce International Business Council, Tampa Bay World Affairs Council, and Southeastern Chapter of the Panama Business Council—just to name a few.
Other realtors have also been very active in marketing our community to prospective foreign investors. For example, Patricia Tan recently attended real estate shows in Singapore and Malaysia and met with prospective investors in China.
Most of the major real estate companies in Sarasota have realtors who have gone abroad to promote Sarasota. Michael Saunders recently made a presentation to real estate investors in Madrid, Spain, to explain why Florida real estate is a great investment opportunity for Spanish buyers.
Not including trips abroad, there are many other things that local real estate companies and individuals realtors are doing to attract foreign buyers. For example, a number of companies have established international affiliations to show Sarasota listings to buyers outside the U.S. Also, several companies and individual realtors have multilingual websites. Bill Geller, of Suncoast International Realty, has a blog that often focuses on international issues (the blog recently reported the results of a survey on international real estate purchases in the U.S. conducted by the National Association of Realtors).
There are so many businesses and organizations in the Sarasota area that benefit from international visitors. It is high time to give credit and thanks to Sarasota’s realtors who are leading the community in international marketing efforts.
Mark Wellington--An Extraordinary Athletic Performance Trainer
Mark Wellington is a Tennis Performance Specialist, which is a subspecialty in the field of athletic performance training. Due to his extraordinary abilities in his field, Mark has qualified to live in the U.S. on a permanent basis.
Mark first came to the U.S. from the U.K. when he was recruited by Bethune-Cookman College in Daytona Beach, Florida. He was awarded a full tennis scholarship and was named an ITA Scholar Athlete All-American in 1998.
In his final year at Bethune-Cookman College, Mark served as Assistant Women’s Tennis Coach and was responsible for coaching and conditioning the women’s team. Due to his efforts, the woman’s tennis team earned the Mid-Eastern Athletic Conference (MEAC) title and competed in the NCAA championship tournament in 2000. The team also ended its season ranked #71—the first team in school history to finish with a national NCAA ranking.
Mr. Wellington’s success as a tennis coach and his strong interest in physical conditioning, led him to Furman University in Greenville, South Carolina, where he earned a Master of Arts degree in Health and Exercise Science in 2002.
While earning his Master’s degree at Furman University, Mr. Wellington served as Assistant Women’s Tennis Coach from 2000 to 2002. As with his previous position, Mr. Wellington directed coaching and conditioning and achieved noteworthy success. Each year, his teams earned Southern Conference (SC) titles and competed in the NCAA championship tournament. The 2002 team also made it to the second round of the tournament, its best performance ever.
Mark is a member of the National Strength and Conditioning Association (NSCA) and has achieved certification as a “Certified Strength and Conditioning Specialist” (CSCS). To be eligible for CSCS certification, a candidate must pass a rigorous exam, must possess at least a Bachelor’s degree, and must demonstrate the ability to design and implement safe and effective strength and conditioning programs.
In 2003, Mark Wellington joined the staff of the prestigious International Performance Institute at the world-renowned Bollettieri Tennis Academy/IMG Academies training facility in Bradenton, Florida. At IPI, Mark worked extensively with a number of professional tennis athletes and elite-level junior athletes, including Maria Sharapova, Xavier Malisse, Max Mirnyi, Tatiana Golovin and Daniela Hantuchova.
In 2004 Mark toured the world with Maria Sharapova and played a key role in elevating her world ranking from #35 to #3. While working with Mark, Maria remained injury free and won Wimbledon as well as the WTA Championship.
Mark left IPI/IMG in 2005 and has been working for himself since then with his athlete clients. He often still uses the IMG facility in Bradenton and also travels with his clients to tournaments around the world.
In the past year, Mark has been working exclusively with Martin Verkerk, a Dutch tennis player who reached the French Open finals in 2003. Martin is a former top 20 player who did not play in 2005 and 2006 due to injury. He decided to make a comeback at the age of 29 and is relying on Mark Wellington to return him to form and help him prevent injury.
Mark has not disappointed. With Mark’s help, Martin has improved his ranking from #670 to #260 and plans to reach the top 100 by February 2009.
Over the years, Mark has worked with athletes from virtually every major sport, but tennis remains his main focus area. When asked about his top piece of fitness advice for tennis athletes, Mark replied that it depends on whether the athlete is at the elite level or a casual player.
For elite athletes, Mark says that the most important factor in physical training and avoiding injury is scheduling. He says that many athletes play too much, which is a big mistake. He points out that Pete Sampras was never ranked #1 as a junior and many #1 ranked junior players never have a professional career, because their bodies do not hold up.
For the casual player, Mark advocates “prehab” training, which involves warming up and focusing on flexibility in areas that take the most wear and tear (shoulders, knees, ankles and lower back). Mark recommends dynamic warm ups and movement around the court and stretching to get the body ready to play. He says that the effects may not be noticeable in the short run, but month to month it will make a big difference in the athlete’s ability to play.
Over the next few months, Mark will continue to work with Martin Verkerk out of his home base in Bradenton, Florida. He may eventually relocate, depending on the demand for his services among top athletes.
Mark Wellington is a key individual helping to make the Sarasota-Bradenton area a major center for sports training. He is one more reason to be proud of our international community.
Business Opportunity: Callandeat.com and Metroya--Buy Your Own Territory
Anyone who has spent time in Sarasota is probably familiar with Callandeat.com.
This is a lifestyle website & magazine for travelers and locals with information about restaurants in and around Sarasota, FL. It has news, events, photo & video galleries, coupons and much more.
The owner of Callandeat.com is looking to sell new territories for the site and for its sister site, Metroya.com. He is looking for individuals seeking to establish businesses outside the Sarasota area, preferably someone who knows adobe indesign and photoshop for publishing.
The price for a territory is a $50,000 set up fee and $10,000 per year for licensing.
For more information contact Guenther Edelsbacher at 941-925-4921.
Sarasota Loves Italy and Vice Versa
For years, Sarasotans have shown their love for Italy by visiting in droves. Now, its the Italians turn to visit us (and maybe invest too!).
I recently talked with Giorgio Orofino, who owns Stay and Visit Italy Orofino Tours (www.StayandVisit.com). The company, which is based in Sarasota, is a major provider of travel tours to Italy and serves customers from all over North America.
The company has multiple tour groups that leave the U.S. to visit Italy EVERY SINGLE DAY (that is a lot of tourists!). It offers great rates (starting from $499), because it owns one of the largest hotel/resort chains in Italy.
Mr. Orofino, who is also an international business lawyer in Italy, also runs ItaliaUsa (www.ItaliaUSA.it). This company offers business, legal and investment services to Italians in US and to Americans in Italy.
Mr. Orofino reports that there is a large interest among Italians to invest in Florida real estate.
He says, "I have many investors from Italy interested to buy real estate in Florida. I am putting together a large group of buyers now who will buy under a sole company name."
Mr. Orofino expects to begin the investment activity sometime between now and 2010, whenever he feels that prices have reached the lowest point.
If all goes well, I hope to hear a lot more Italian being spoken in Sarasota in the coming months.
Day Spa for Sale
My wife received a post card in the mail this weekend announcing the sale of a "profitable, established full service day spa" for $59,000 or best offer.
I am not sure why this post card came to her. Possibly because she is a licensed massage therapist and personal trainer (maybe the cards were sent based on license address).
I do not know anything about this business, but more information can be obtained from the following email address: dayspa4sale2008@yahoo.com
ImmigrationSarasota.com in Bradenton Herald!
Posted in
About Us August 1st, 2008 by P. Christopher Jaensch
The Bradenton Herald published an article about ImmigrationSarasota.com on Wednesday, July 30th. The article was written by Maura Posely and summarizes our efforts to mobilize immigration supporters in the Sarasota Bradenton area. You can read the article here: http://www.bradenton.com/699/story/771567.html
ImmigrationSarasota listed on Technorati.com
Posted in
About Us July 27th, 2008 by P. Christopher Jaensch
This blog is now listed on Technorati.com, which is a blog search engine. You can read more here: Technorati Profile
What are local employers doing now to find professional and skilled workers?
With the recent economic downturn, we are seeing a lot less employers who come to us because they cannot find qualified professional or skilled workers. This is a good thing for the local economy. There is finally starting to be a better balance between local employer needs and available workers.
But, there are still employers in the Sarasota area who have particular needs and are not finding local workers who can fill those needs. This includes professional jobs that involve software and technology, engineering and international trade. It also includes skilled jobs that involve restaurants and hospitality services, specialized construction and manufacturing trades, and more advanced agricultural jobs.
In immigration circles, a "professional" job is one that requires a university degree. A "skilled" job is one that requires at least two years of education, training or prior work experience.
So what are these employers doing now to find these professional and skilled workers? They are expanding their recruiting efforts outside the local area and some have been exploring different immigration options to bring in workers from outside the U.S.
In most cases, Sarasota area employers are not actively recruiting foreign workers. Usually, they already have a worker on staff that can do the job and originally comes from another country. A common refrain that we hear from employers is, "If I could get ten more workers like her, I would be thrilled!".
The worker who is already in the U.S. has a friend or relative in the home country that can also do the job and recommends this person to the employer. Then, the employer comes to us and says, ˇ§I want this worker, what can I do to bring him here?ˇ¨
For professional workers, our solution used to be the H-1B visa. This is a three year visa for professional-level workers. But, this visa is limited in number. In the past two years, the government has received over twice the number of applications for new H-1B visas than there were visas available on the FIRST day of the year that visas were available. This means that H-1B visas are essentially unavailable for 364 days per year (certain nonprofit organizations are not subject to the annual cap).
Without H-1B visas, the solutions are more limited. The best options at this point are temporary visas for professional workers that have been created through free trade agreements between the U.S. and other foreign countries. This includes the following:
- The TN visa for certain kinds of professional workers from Canada or Mexico. The visa is issued in one year increments and is renewable. The government may soon allow the visa to be issued in three year increments.
- The H-1B1 for professionals from Chile and Singapore.
- The E-3 visa for professionals from Australia.
Though these visas are limited to workers from certain countries, we have advised employers on bringing in engineers and engineering technicians from Australia, Mexico and Chile, hotel managers and consultants from Canada, and more.
The options are even more limited for skilled workers. The best options at this point are H-2B visas for seasonal employees. This visa is also available for unskilled workers, but like the H-1B visa there are only a limited number of H-2B visas available each year. Ever wonder how hotels get all those foreign workers on the cleaning staff? Often these workers have H-2B visas.
Professionals and skilled workers can also qualify for visas in the following special situations:
- The O-1 visa if the worker has extraordinary skills or abilities (we use this visa a lot for sports related jobs in the area)
- The J-1 visa or H-3 if the worker is seeking to participate in a training program or internship.
- Extended Optional Practical Training for foreign students on F-1 visas who have degrees in science, technology, engineering and math related subjects.
- P-3 or Q-1 visas if the worker will provide information about topics that are unique to his or her culture (we have used this visa for a Scandinavian sailor, European culinary specialists, and Latin American dance instructors).
As the economy improves, we expect to see more employers that are unable to find professional and skilled workers. As Congress considers changes to the immigration laws, one big area of contention is increasing the number of visas for temporary professional and skilled workers. We hope that people in the Sarasota area will see that approving such measures will help the local economy by allowing local companies to grow. We believe that pro-immigration legislation will actually help Sarasota retain the jobs that are filled by U.S. workers and will keep more of our local companies from relocating elsewhere.
EB-5 Regional Center Article Posted on www.VisaAmerica.com
We have had numerous clients ask us to to provide them with information about the details of the various EB-5 Regional Center programs.
These programs create private investment and immigration opportunities for foreign investors. Usually, foreign investors can qualify for a green card by investing $500,000 in an approved Regional Center project. The money must remain invested for at least five years. The Regional Center must create a certain amount of jobs per investor, and the investor must provide details about the source of the investment funds.
To answer basic client questions about the separate programs, such as the return on investment, participation costs, employment creation strategy and exit strategy; we contacted the main Regional Centers operating today. We collected our findings in an article which is posted on the website of Jaensch Immigration Law Firm at the following site: http://www.visaamerica.com/articles/?aid=4
Of course, we advise anyone reading the article not to use it to make investment decisions. It is only intended to provide basic information to highlight the attributes and differences of the different Regional Center programs.
UPDATE: American Life, the manager of the EB-5 Regional Center in Seattle, Washington has a new project in that city and just announced that it will manage two new Regional Centers in Tacoma and Everett, WA. Information about the new Seattle project is included in our artictle.
Are You a Pro-Immigration Employer? The New York Times Says You Are Not Alone
The New York Times recently published an article called, “Employers Fight Tough Measures on Immigration” by Julia Preston.
The article explains the immigration compliance dilemma faced by large and small employers around the U.S. Namely:
1. How to comply with laws that prohibit employment of unauthorized workers while at the same time complying with laws that prohibit discrimination against workers (anti-discrimination laws prohibit employers from requesting specific documents to verifying a worker’s legal status)?
2. How to deal with experienced, long-time employees when an employer learns that the worker may not be authorized to work? These workers know the job, are willing to work and would be difficult to replace.
3. How to find new workers who are willing and available to do certain jobs even at competitive wages? Many employers have found that the nature of a particular job or tight local employment levels make some jobs nearly impossible to fill.
The article cites a number of efforts that employers are making at the state level to combat the rise in immigration enforcement laws by state governments (which may turn out to be unconstitutional).
It also mentions a new pro-immigration federation called, ImmigrationWorks USA . Its website is: www.immigrationworksusa.org.
This is a new national organization advancing immigration reform that works for all Americans – employers, workers and citizens. Its twin goals: to educate the public about the benefits of immigration and build a mainstream grassroots constituency in favor of an overhaul.
To read the New York Times article in full, go to: http://www.nytimes.com/2008/07/06/us/06employer.html?oref=login#
New Tennis Academy Adds to Area's Standing as a Major Sports Training Hub
The Sarasota Bradenton area has been known for years as a hub for sports training--particularly tennis. Now, some famous names have decided to base their new tennis academy on Longboat Key.
Johan Kriek and John Eagleton have opened the Kriek Eagleton Tennis Academy at the Longboat Key Club and Resort on Longboat Key, Florida. The academy works with players of all ages, but targets students under 20 years old. Part-time and full-time options are available along with short-term training options. The academy works with local schools to offer a flexible schedule that allows for training and academics.
Like other local tennis academies, Kriek Eagleton expects to include a number of international athletes among its students. Parents of international tennis athletes often prefer to have their children train in America due to the high caliber of instruction, the quality of the education, and the cultural experience.
Kriek is an internationally renowned player who was ranked in the Top 10 in the world. He won the Australian Open in 1981 and 1982 and has 14 singles titles and eight doubles titles. Eagleton says of Kriek, “He might be the highest-ranked player to ever commit to being on the court”. Eagleton, formerly ranked No. 1 at the University of Miami for 3 years in singles and 4 years is doubles, has wins over many top players at the professional level. He is an ATP tour-certified professional who has established himself as a highly respected coach. He has developed players to reach state, national and NCAA championships and has helped many students attain scholarships to top universities.
For more information, go to http://www.kriekeagleton.com/
Siesta Trolley Business for Sale
Kenneth Hoskinson from Hembree & Associates, Inc., has provided us with information about a business for sale. Specifically, the Siesta Key Island Trolley business is for sale. The sale includes 5 trolleys and a website with potential additional income from advertising. The asking price is $180,000. For more info, call Ken at 941-951-1776.
Will Expiration of EB-5 Regional Center Program Reduce Foreign Investors in Sarasota?
Did you know that foreign investors can qualify for a green card by investing $500,000 in an EB-5 Regional Center?
With the weak dollar, the EB-5 Regional Center program is is becoming an increasingly attractive option for foreign visitors who would like to immigrate to Sarasota--particularly visitors from the U.K. and other European countries. But, this option will expire at the end of September unless Congress takes action soon.
In 1990, Congress changed U.S. immigration law to authorize up to 10,000 green cards (permanent residence) each year for "alien entrepreneurs." Normally, a foreign person must invest $1 million in a new commercial enterprise and create 10 full time jobs to qualify for this green card.
In agricultural or targeted employment areas, the investment can be $500,000 instead of $1 million. This green card is called the "EB-5" green card, which stands for employment based fifth preference category.
After a few years, Congress noticed that few foreign investors were seeking EB-5 green cards. The category was much underutilized.
To encourage more use of the EB-5, Congress created the Immigrant Investor Pilot Program within the EB-5 category. This program allows public and private entities to operate Regional Centers. Regional Centers take years to be approved. But, once they are approved, the Regional Centers can pool the money of foreign investors and use the money collectively to create jobs for U.S. workers.
The significant benefit of the pilot program was that, unlike regular EB-5 cases, the Regional Center could show that it created the requisite 10 jobs per investor directly or indirectly. In contrast, an investor in a standard EB-5 case would have to show that his or her business directly employs 10 full time workers.
Another big difference between a Regional Center EB-5 and a regular EB-5 is that the investment is much more passive. The foreign investor invests his or her money for five years and has little control over the operation of the investment entity (usually the entities are set up as limited partnerships). The foreign investor can invest the money a Regional Center located anywhere in the U.S. and, once the green card is approved, can live wherever he or she likes.
There are no Regional Centers approved in Florida. There are about 20 active Regional Centers at the moment around the U.S. Jaensch Immigration La Firm can provide information about a lot of them. Most are based in agricultural or targeted employment areas. As a result, an investment of $500,000 is sufficient to qualify.
Congress allocated 3,000 of the 10,000 EB-5 green cards to investors in Regional Centers. While the pilot program has helped increase the popularity of EB-5 green cards, the government still is not issuing anywhere near 10,000 per year. However, with the dollar trading at historic lows and the difficulty we are seeing in other immigration categories, our firm has seen a tremendous interest among clients in EB-5 Regional Center investments.
What foreign investors like is that they can invest $500,000 in a Regional Center for five years and relatively quickly qualify for a green card that would allow them to live in Sarasota. The investment requires little effort on their part in terms of managing a business or workers.
Incidentally, what they do not like is that the investment principal is not guaranteed (by law, the investment must involve risk) and many Regional Center programs offer very low returns for the five year investment period and some do not have a clear exit strategy.
Unfortunately, the Immigrant Investor Pilot Program is set to expire on September 30, 2008. All the parties involved hope and expect Congress to renew the program, but no one knows for sure if and when this will take place. There are all kinds of theories as to what the government will do if Congress does not act in time.
Many foreign investors who would be interested in an EB-5 Regional Center investment are understandably concerned about investing now, because they do not know what will happen if the green card is not approved before the September 30 sunset date. Others have decided to act quickly and invest while the opportunity still exists.
This issue affects Sarasota because so many people are expecting foreign investors to come and help our local economy by purchasing homes. From what I have seen, there are many foreigners who would love to buy homes in Sarasota and retire here. The problem is that current immigration law only permits these individuals to stay here for around six months per year.
The Immigrant Investor Pilot Program is one of only a few ways where a high net worth foreign investor--the kind that would purchase a multimillion dollar home in Sarasota--can qualify for a green card to live here full time. But if this program goes away, there will be one less reason for them to buy here.
Director of Orlando Immigration Office is Changing
Gary Garman, the current Field Office Director (FOD) for Orlando USCIS field office, will be leaving. He will start new employment on July 21st as Associate Regional Director for Operations in Dallas, Texas. There is no word yet on who will be the Acting or new FOD for Orlando.
USCIS Field Offices have a number of responsibilities including interviewing married couples when one spouse is a U.S. Citizen and the other is foreign and is seeking permanent residence in the U.S. (a “green card”). The Field Office also conducts naturalization interviews for permanent residents seeking to become U.S. citizens.
Residents of Sarasota deal with the USCIS field office in Tampa, not Orlando. But, both offices are in the same USCIS district. Staff could be transferred from one office to another during this time of transition, which could possibly affect processing of cases in the Tampa field office. We’ll provide more local USCIS staffing news as it becomes available.
NEW RULE requires registration of visa waiver travelers 3 days BEFORE they arrive in the U.S.
Foreign visitors to the U.S. will soon start to hear about a new policy if they come from a “visa waiver” country. The “visa waiver” program allows travelers from visa waiver countries, including most of Western Europe, to come to the U.S. for up to 90 days without a visa.
Starting January 12, 2009, travelers from 27 countries that participate in the visa waiver program will have to provide the U.S. with basic identification information at least three days before their arrival. This will be done via internet. The on-line registration will be valid for 2 years unless the traveler’s passport expires sooner. The new system is called Electronic System for Travel Authorization (ESTA).
ESTA was designed to increase security screening of visa waiver travelers without the delays of a full security screening normally done on foreigners who must enter with a proper visa.
On Aug. 1, 2008, the government will begin to accept voluntary applications through the Web site at https://esta.cbp.dhs.gov
One potential problem with the ESTA program is that it could create delays or backlogs for foreigners who need a visa to enter the U.S. The Government Accounting Office recently issued a report estimating the 1% to 5% of travelers seeking ESTA pre-screening might be rejected. These travelers would then have to apply for a visa to enter the U.S. This could significantly increase the number of people seeking visas at U.S. embassies abroad. The government has not indicated that it plans to increase staff to deal with the extra workload.
UPDATE: On July 24, 2008, USCBP provided the public with a sneak preview of the new ESTA web tool. You can download this at the following site: http://www.cbp.gov/xp/cgov/travel/id_visa/esta/esta_web_tool.xml
