USCIS Issued Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions.

http://www.nctimes.com/news/opinion/columnists/perez/article_b16df6c6-788f-5a42-93a1-4df4fd766f49.html

The Administration has adopted  a schizophrenic approach to same sex marriage and immigration law. The President and the Attorney General have indicated that present laws which deny same sex couples who are married under State law are unconstitutional or at least morally wrong. At the same time the Department of Homeland Security is continuing to deny immigration benefits to same sex spouses and at present these couples who may have legal marital status under State law may still risk being deported. At least one Immigration Judge has stayed the removal proceedings of an individual who could benefit from Federal recognition of same sex marriage pending further review by the Department of Justice.

The ugly debate over immigration reform sometimes overshadows the heartwrenching decisions which Immigration Judges and the Appellate Courts  address on a daily basis. Judge Pregerson's dissenting opinion in a recent unpublished Ninth Circuit Court of Appeals decision highlights the harsh consequences that follow when Courts apply an inflexible approach to interpreting complex immigration laws. US citizen children and spouses are left without the emotional and financial protection of the primary care giver and families are broken up with little chance of reunification unless Congress implements new immigration legislation.  A comprehensive immigration reform program  should and could address both the need for strict enforcement measures to address illegal immigration and a core value of maintaining the integrity of the family unit.

A new version of the Entrepreneur Visa bill provides hope for overseas investors seeking to invest or start up businesses in the United States. The bill if passed would provide an alternative to the EB5 investor visa which has rigorous employment creation and  capital investment requirements in order to qualify for permanent resident Status ( green card). The start up visa would offer investors who create jobs in new businesses in the United States a pathway to permanent residence and eventually United States Citizenship. Click on this news article for more information. For a free initial consultation to discuss the entrepreneur visa and other investor visa options please call for an appointment or email us