Author Archives: Austin Immigration Lawyer

More Wealthy Chinese Said to Prepare Exits

By JASON CHOW And ANGUS LOTEN

Some immigration lawyers have seen a new increase in the number of Chinese seeking foreign citizenship, a trend they suggest is tied to worries about political turmoil and economic slowdown in China, especially among businesspeople and politicians seeking to protect their families and wealth.

“There’s definitely a surge in China for what I call ‘let-me-out-now’ product,” said Jean-Francois Harvey, an immigration lawyer based in Hong Kong who deals with clients throughout Asia.

The recent interest builds on a trend of growth in applications from Chinese seeking to emigrate to places like the U.S., Canada and the U.K. in recent years, including to programs that promise citizenship in exchange for investments: In the U.S., 75% of investor-immigrant applicants were from China in fiscal 2011.

The rush to apply to the U.S. investor immigration program, known as the EB5 visa, is also partly prompted by Washington politics: The plan has to be reauthorized by Congress in September for it to continue, but applications filed before that date will still be considered. Last time the program was up for review, in 2009, there was a big spike in applications.

 

Under the program, applicants and their immediate families receive permanent U.S. residency if an investment of at least $1 million in the U.S. leads to 10 full-time jobs within two years. The requirement is only $500,000 if the U.S. jobs created are in a rural or high-unemployment area.

There is little information on the identities and actual numbers of Chinese seeking to leave, but participants in the industry that has grown up around such requests say they have seen increased activity in the weeks since the Communist Party’s ouster of senior party official Bo Xilai, which adds to a general feeling of uncertainty ahead of a once-a-decade leadership transition in the fall.

 

Agence France-Presse/Getty Images

Chinese citizens wait to submit their visa applications at the U.S. Embassy in Beijing.

Mr. Harvey and other lawyers say clients rarely give a reason for wanting to leave, which makes it difficult to say whether the latest headlines are helping to drive the push, though they say anecdotal evidence suggests they are a factor.

“The political situation heightens anxiety, and the wealthy people head for the visas,” said Richard Kurland, an immigration lawyer based in Vancouver, who said he has seen a rise in inquiries in recent weeks.

Mr. Harvey said that as recently as this week he received queries from Chinese consultants about programs under which Chinese clients could secure passports in a short time.

Canada was a favorite destination, but its investor immigration program, which required applicants to essentially post an 800,000 Canadian dollar (US$811,280) five-year, interest-free loan for governments in the country’s provinces, is no longer accepting new applicants, until at least July, to deal with a backlog that has caused process times of more than threeyears for Chinese.

That has led wealthy Chinese to look to the U.S. and elsewhere. A State Department official said recently that the U.S. immigration agency has been receiving a wave of applications, leading to a backlog of cases in the Chinese city of Guangzhou.

The Chongqing Drama

The mysterious death of Neil Heywood in the Chinese city of Chongqing last year is emerging as a key element in the drama surrounding Bo Xilai.

 

Players in China’s Leadership Purge

Read more about key players in the Chongqing drama.

 

Political Downfall in China

High-ranking Communist Party leaders ousted in recent years.

 

However, with wait times for permanent U.S. EB5 visas averaging around two years, the industry that helps Chinese get money out is widening the search for places to go. Hong Kong lawyer Mr. Harvey says the most skittish are asking for ways to get to lesser-known destinations such as the small Caribbean island nation of St. Kitts and Nevis, as well as to Bulgaria.

Mr. Harvey said he filed 16 applications to St. Kitts from Chinese citizens in the past two weeks. In the past, he has typically filed only one to two a month. “We now have people looking for short-term products,” he said.

To obtain St. Kitts citizenship through its investment program requires either a minimum $250,000 donation to the Sugar Industry Diversification Foundation, the government’s main development fund, or a real-estate purchase of at least $450,000, a St. Kitts government official said.

Getting a passport can take six months to a year, the official said. St. Kitts doesn’t require investor immigrants to live in the country and will send a passport in the mail upon acceptance. The St. Kitts official said to date, fewer than 20 Chinese have been accepted for citizenship and many “don’t migrate here to live.” So far, he added, “we haven’t seen a tremendous increase” in applications from Chinese nationals.

“Definitely, the St. Kitts benefit to the Chinese is immediate citizenship,” said Armand Arton, a Dubai-based businessman who helps put up financing for 500 prospective investor immigrant families a year, about half of which come from China.

Eugene Chow, an immigration lawyer based in Hong Kong, says St. Kitts is being pitched as an easy-to-obtain passport, though he says that applicants may be surprised by the vigorous checks. “It’s not a passport of convenience. They are very stringent,” he said.

Mr. Harvey says St. Kitts officials are likely to notice an increased interest soon. “The surge has just happened in the last month, so it hasn’t registered with them yet,” he said.

Bulgaria’s investor program requires immigrant applicants to place 1 million Bulgarian levs (US$676,000) into a government bond portfolio for five years. That qualifies for a permanent residency immediately and for a passport in five years. Similar to St. Kitts, there is no residency requirement and applicants can be admitted in six months, according to immigration lawyers and consultants.

The same industry participants say the flow of China’s rich to the U.S. will likely also increase dramatically this year. Already, the U.S. took in 2,969 applications (each of which can cover several family members) from China for investor immigration in the fiscal year ending in September, compared with just 787 two years earlier, according to the U.S. immigration agency.

After Canada imposed an annual cap of 700 new investor applications for the 12-month period starting July 1, 2011, the quota was filled within a week, with 697 of those applications coming from China.

—Vanessa O’Connell contributed to this article.

Write to Angus Loten at angus.loten@wsj.com

A version of this article appeared May 11, 2012, on page A14 in some U.S. editions of The Wall Street Journal, with the headline: More Wealthy Chinese Said to Prepare Exits.

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Open Positions

Azarmehr & Associates currently has two open positions. Details are below.

LEGAL ASSISTANT:

Austin-based Immigration law firm is seeking a full-time, experienced legal assistant to work on family based immigration cases.

Must be fluent in Spanish; able to prioritize a high volume work load in extremely time-sensitive area with constant client contact; must be extremely detail-oriented; provide outstanding client service; organized; self-motivated with strong initiative; and have excellent communication skills.

Requirements: Bachelor’s degree plus 1 year immigration law experience.

Please submit resume and references to melissa@mpalaw.net.

 

CONTRACT ATTORNEY:

 

Growing Austin-based immigration law firm seeks a Contract Attorney. This position will lead to full time Associate Attorney position with the firm.

 

Must be licensed in any state; immigration experience strongly preferred; must be detail-oriented and organized. Great work environment with experienced team. Ideal candidate will have 1-3 years of immigration law experience.

 

Please submit resume, references, and writing sample to melissa@mpalaw.net.



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Nanshan-Austin Technological Exchange Conference

Azarmehr & Associates, PC is excited to announce its participation in the Nanshan-Austin Technological Exchange Conference on Friday, March 30, 2012, organized by the Shenzhen Business Delegation. Mehron Azarmehr, managing attorney, represented the firm at the very successful event. Azarmehr & Associates, P.C. is proud to have been the only law firm invited to the conference, and looks forward to further develop a partnership with the group.

The Shenzhen Business Delegation, of China, consists of high-profile executives and venture capitalists who are interested in exploring business opportunities with US companies and entrepreneurs. This delegation group is the first large business delegation group to visit Austin, TX. The delegation group includes a leadership team of Nanshan International Incubator, executives of small to mid-sized companies in electronics, software, IT, venture capital, biomedical instrumentation, food and agriculture, bio and life-science industry, and manufacturing.

Nanshan-Austin Technological Exchange Conference

Mehron Azarmehr w/ James Chan

Mehron Azarmehr w/ Peter Shen (far right)

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TASA Midwinter Conference Jan. 30 – Feb. 1

Attorney Mehron Azarmehr will be conducting a session at the TASA Midwinter Conference and Education Expo 2012. The focus of the session will be the requirements for obtaining temporary nonimmigrant work visas for foreign teachers, the process for obtaining employer-sponsored permanent residency, the legal obligations of districts hiring foreign teachers, and recent changes in immigration policy impacting school districts employing foreign teachers. This will be an excellent opportunity to learn more about immigration policy, and to have questions answered regarding how these policies may affect your district. This session will take place Wednesday, February 1, 2012, from 8:30 – 9:30 a.m., in Room 18A at the Austin Convention Center.

What: Immigration Presentation for Teachers
Where: TASA Midwinter Conference – Austin Convention Center – Room 18A
Address: 500 Cesar Chavez Street, Austin, TX 78701
When: Wednesday, Feb. 2, 2012
Time: 8:30 AM

Our firm will also have a booth at the conference on Monday (Jan. 30) and Tuesday (Jan. 31). Stop by for a chance to chat with us regarding your immigration needs and win one of several raffle prizes!

 

RSVP on Facebook.

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URGENT: Oppose Section 5201

Azarmehr & Associates, PC urges our clients to join with the American Association of Immigration Lawyers in lobbying to reject section 5201 of House Resolution 3630 – This tax package just passed the House, and is making its way to the Senate this week, denies immigrant taxpayers who file their taxes using an Individual Taxpayer Identification Number (ITIN) the ability to claim the Additional Child Tax Credit for their U.S. citizen children (section 5201).  Please fill out the form below to tell you Senator to oppose this Section and stand up for immigrant families.

Child tax credits can only be claimed by those paying into the system and were designed to alleviate some of the burden that tax payment imposes on low-income, working families. Taking away this credit from tax-paying families could drive more than two million families closer to poverty.

Please click here to tell your Senators to stand up for immigrant families by opposing section 5201 of the House tax package.

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FAQ for Teacher H-1B Extensions

We are beginning to send out engagement letters to teacher clients with visas  expiring within the next 6 months.  This letter details the fees for the case, and should be returned as soon as possible.

For any questions regarding your H-1B extension, please refer to this list of frequently asked questions, and save the document for your reference.

CLICK HERE TO READ THE ENTIRE PDF DOCUMENT

Contact us by e-mail: contact@mpalaw.net or by phone: 512-732-0555 to schedule a consultation appointment or have additional questions.

To stay current with immigration updates, please join our Facebook page.

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URGENT: Support for Blocking H-2B Rules

As we’ve mentioned previously, Congress postponed until January 1, 2012 the new Dept. of Labor rule that will artificially inflate the wages of H-2B workers.  However, the rule is still scheduled to go into effect in less than a month.  While we thank those in Congress working to help protect the H-2B program and seasonal businesses, Congress must take action now to completely block the wage rule and the proposed rule that will radically alter the entire program (which we still anticipate will be finalized soon).

Fortunately, there are several members of Congress working hard to do just that.  Representative Rob Wittman (R-VA) is leading an effort to have language blocking the rules included in a pending bill that will soon be considered in Congress.

Rep. Wittman is circulating a letter (posted below) to his fellow members of the House of Representatives asking that they sign on to a letter he has drafted that will be sent to the committee where the legislation will be considered before it is sent to the full House for passage.

***** PLEASE CONTACT YOUR MEMBERS OF CONGRESS NOW to urge them to sign Rep. Wittman’s letter that calls for both H-2B rules to be blocked. *****

 

You can determine who your representative is and their contact information by entering your zip code in the box on the upper right corner of the House of Representatives website.  You may also call the Capitol switchboard at (202) 224-3121 and ask to be connected to their offices.

 

You may fax them the two letters (below) or forward the text to them for their reference.

Thank you for all of your help, and please contact our office (reception@mpalaw.net) if you have any questions.

 

Letter that will be sent to committee requesting that H-2B rules be blocked. COPY & PASTE CONTENT TO YOUR REPRESENTATIVE: 

December XX, 2011

 Dear _______ (Member of House of Representative):

As we all work to protect American jobs and promote economic growth, we urge the Committee on Appropriations to take another critical step to protect small and seasonal businesses throughout the country.

As you know, the recently enacted Consolidated and Further Continuing Appropriations Act (P.L.112-55) postponed until January 1, 2012 the effective date of harmful regulations that will artificially inflate the labor costs of employers that are forced to hire H-2B workers. While that step was helpful, thousands of small businesses and their full-time employees are still in extreme jeopardy if the rule is permitted to go into effect in less than a month.

The H-2B program is essential to employers who cannot find local temporary workers to fill jobs during their peak seasons. It should also be emphasized that the program is critical to allow those businesses to operate at a greater capacity, keep their doors open, and retain their full-time local workers.

Unfortunately, the U.S. Department of Labor (DOL) has targeted the H-2B program, and by extension those law-abiding employers that are forced to utilize it, for virtual elimination with punitive rules. The finalized DOL rule, delayed by P.L.112-55, seeks to artificially increase the wage rates for H-2B workers well above legitimate economic levels while the other proposed rule would unnecessarily increase the cost and complexity of the H-2B program. The combination of these two rules will make the H-2B program virtually unusable, threatening America’s seasonal businesses and their full-time American employees.

We urge the Committee on Appropriations to include the language from H.R.3162 or section 118 of H.R. 3070, which will prevent any appropriated funding from being used to implement those H-2B rules which pose a threat to our constituents, small businesses throughout the nation, and our economy.

Seasonal employers desperately need Congress to enact a legislative remedy that provides a long-term solution and provides relief for small businesses from these job-killing regulations.

Sincerely, (Your name and Company)

 

 

 Letter From Congressman Wittman: Support Small Business and Fair H-2B Program

Dear Colleague:

I am writing to request your support in halting the Department of Labor’s actions to finalize H-2B rules that if implemented would harm small and seasonal businesses around the country.

Seasonal businesses rely on the H-2B program to fill temporary vacancies in seafood processing, horse training, hospitality, forestry, landscaping, carnivals and other occupations. The seasonal nature of these businesses and industries means that they routinely face shortages of local workers during their peak work periods. By filling temporary jobs, H-2B workers not only keep these businesses open; they contribute to the creation of additional, year-round jobs for local workers. The Department of Labor’s H-2B wage rule and the March 18 proposed rule threaten to negatively affect the companies who use the H-2B program and could possibly lead to full-time job losses.

On September 7, 2011 over 40 bipartisan members of the House of Representatives and Senate sent a letter to Secretary of Labor Hilda Solis requesting modification and/or abandonment of these harmful rules.

As you know, language was included in legislation (P.L. 112-55) signed by the President on November 18, 2011 that would delay the implementation of the Department of Labor‘s H-2B rules until January 1, 2012. However, when the time runs out on this short term delay, the Department’s rules will go into effect and threaten the economic survival of many small and seasonal businesses.

It is critical that Congress stop the Department of Labor’s implementation of these harmful rules.  I urge you to sign the attached letter to House Appropriators requesting inclusion in the FY2012 omnibus appropriations bill language to prevent the Department from moving forward with harmful H-2B rules.

To sign, please contact Brent Robinson at brent.robinson@mail.house.gov. Deadline: December 7, 2011.

Sincerely,

/s/

Robert J. Wittman

 

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ALERT: Call for EB-5 support letters by 12/5!

The Senate Judiciary Committee today announced that it will be hosting a hearing next Wednesday 12/7 titled:

“Reauthorizing the EB-5 Regional Center Program: Promoting Job Creation and Economic Development in American Communities”


The economic impact generated by this Program has become truly national in scope.  Join us in telling that story to our legislators, so we can secure passage of the aforementioned legislation and get about the business of creating U.S. jobs.

CLICK HERE TO DOWNLOAD A LETTER TEMPLATE TO USE.

We need support letters, by Monday 12/5, from a wide array of Program stakeholders/beneficiaries, including (but not limited to):

  • EB-5 Regional Centers;
  • Local government officials and/or organizations;
  • Local chambers of commerce/economic development agencies;
  • Local businesses;
  • State government officials and/or organizations;
  • State chambers of commerce/economic development agencies;
  • Members of Congress; and
  • Local unions who represent workers hired through the Program.

Send digital copies of all letters to: info@iiusa.org.

To locate the contact information for your:

 

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NOTICE: H-1B CAP COUNT CLOSED

On November 22, 2011, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2012.  USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption as of October 19, 2011.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that are received after November 22, 2011.

USCIS continues to accept cap-exempt petitions, DOD petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2012.
If your application has been affected by the cap closure, we will be notifying you or your employer. Please contact the firm if you have any questions.
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Update: H-1B Count Down

November 18, 2011 H-1B Cap Count Update:

As of November 18, 2011, approximately 61,800 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 20,000 H-1B petitions for aliens with advanced degrees. As the Cap Count gets closer to being reached, please contact our firm if you have a question regarding a current case or if you need to file an H-1B.

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