Chicago Immigration Attorney

October Newsletter

Our legal team at Panteva Law Group LLC is committed to keeping our clients up-to-date with the latest immigration news. Keep reading to learn about new legislation and important dates that might impact your immigration status:

Legislation Impacting the Per-Country Numerical Limitation

On February 7, 2019, the Fairness for High-Skilled Immigrants Act of 2019 was introduced in the House and Senate (H.R. 1044 / S. 386). If enacted, this bill would eliminate the per-country numerical limitation for all employment-based immigrants, and increase the per-country limitation for all family-sponsored immigrants from seven percent to 15%.

One significant feature of this bill that distinguishes it from prior versions of this legislation is a "do no harm" provision. This provision states that no one who is the beneficiary of an employment-based immigrant visa petition approved before the bill's enactment shall receive a visa later than if the bill had never been enacted. Notably, the "do no harm" provision only applies to employment-based immigrants and does not apply to family-sponsored immigrants.

Instructions for the 2021 Diversity Immigrant Visa Program

DOS released instructions on how to apply for the 2021 Diversity Immigrant Visa Program. Registration begins at 12:00 pm (ET) on Wednesday, October 2, 2019, and will continue until 12:00 pm (ET) on November 5, 2019.

On-Site Inspection for STEM OPT Employment

There are recent reports that ICE has started to conduct on-site inspections for STEM Optional Practical Training (OPT) employment pursuant to 8 CFR section 214.2(f)(10)(ii)(C)(11). According to DHS’s Study in the States website, the site visit will address how the salary of STEM OPT employees is determined, whether there is sufficient structure to provide supervision and training of the employee, and the nature of the employer/employee relationship at any third-party worksites.

EB-5 Extended to November 21, 2019

The EB-5 Regional Center Program, which was due to sunset (expire) on September 30, 2019, is now extended through November 21, 2019. As of yesterday, September 28, a Continuing Resolution was passed by Congress and signed by the President to not only extend the funding of the federal government to prevent a government shutdown, but it also includes language to extend the EB-5 Regional Center Program through November 21st.

The program extension through November 21st coincides with the effective date of the new EB-5 Modernization Regulations, which increases the investment amount, changes who has the authority to make TEA designations, and implements stricter TEA requirements, among other things.

The current minimum price for an EB-5 investment is $500,000, which will increase to $900,000 on November 21st. So if you are planning on securing an EB-5 under the current rules, you will need to do the following before November 21st:

  • Identify a project
  • Complete due diligence
  • Submit offering documents
  • Fund the EB-5 project
  • File I-526 petition

Call Us Today

Do you need help with an immigration matter in Chicago? If so, get in touch with our dedicated lawyers at Panteva Law Group LLC to discuss your situation. We are committed to empowering each of our clients, and we will handle every aspect of your case from start to finish. Don’t hesitate, let us put our skills to work for you.

Call (312) 471-0014 to set up a consultation with one of our immigration lawyers.

Categories: