Categories
Updates

New Mailing Address for the Chicago National Processing Center

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The Office of Foreign Labor Certification has just posted a chance of
address for its Chicago National Processing Center. On December 15,
2009, the new address will be in effect. The Chicago National
Processing Center will continue to receive mail sent to the old address
for three weeks after this date. However, on January 6, 2010, all
submissions to the former address will not be forwarded to the
processing center’s new location; they will instead be returned to
sender.

The old address is:

U.S. Department of Labor, Employment and Training Administration,
Office of Foreign Labor Certification, Chicago National Processing
Center
844 North Rush Street, 12th Floor
Chicago, IL 60611
T: (312) 886-8000
F: (312) 353-3352

The new address will be:

U.S. Department of Labor, Employment and Training Administration,
Office of Foreign Labor Certification, Chicago National Processing
Center
536 South Clark Street
Chicago, IL 60605-1509
T: (312) 886-8000
F: (312) 353-3352

It is noted that you should use the following address to submit all
invoices and fees related to the H-2A and H-1C visa programs:

U.S. Department of Labor, Employment and Training Administration,
Office of Foreign Labor Certification, Chicago National Processing
Center
P.O. Box A3804
Chicago, IL 60690-A3804

Categories
Updates

Idaho Company Receives Approval from USCIS to become EB-5 Regional Center for Foreign Investment

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An Idaho-based company has just been approved by USCIS to be a new
regional center for foreign investment. Invest Idaho LLC is one of 70
centers throughout the U.S. that is authorized by the federal
government to provide funds from qualified foreign investors, in the
U.S. under the EB-5 immigrant investor program, to local companies and
organizations.

Invest Idaho’s goal is to generate up to $50
million in funds from foreign investors in its initial stage. These
funds will then be used to subsidize various projects located in the
state of Idaho.

The EB-5 program, which was just extended by recent legislation,
provides permanent residency status to foreign nationals who invest
either $500,000 or $1 million in the U.S. and, through their
investment, create a minimum of 10 jobs within a two-year period.

Categories
Immigration Round Table

Obtaining Two Nonimmigrant Visas Not Appropriate for Investor

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Dear Atty. Lou,
 
I came here in the US sometime in April 2006 using an investor E2 visa. My E2 visa stamped on my passport has an expiration date of March 2011. I was sponsored by my first agency and they assisted me in obtaining this E2 visa.

While on an E2 visa, a second agency sponsored me for an H1B visa that took effect on Oct 1, 2009. This agency changed my status from E2 to H1B. Sad to say, the second agency could not find me a job and the result is that I am looking for a job by myself.
 
Can I take back my E2 visa because the H1B visa petitioner could not provide me job? Is it allowed to have dual US visa? If H1B overrides the E2 visa, how long am I allowed to look for a job here in US?
 
Thanks,
Troubled Guy

Dear Troubled Guy,

The E2 investor visa is issued to individuals to solely develop and direct the operations of an investment enterprise in the US. When you were issued the E2 visa I assume that you actually operated a business enterprise in the US based on the representation you made before the consular officer at the time you obtained your E2 visa. It is either you were the principal investor or an essential employee of an E2 visa holder. Either way, it is expected that you used your E2 visa based on your prior E2 application in 2006.

When you changed your status to H1B on October 1, 2009, your US citizen petitioner should have an existing job offer for you so you may legally work as a professional. When it was approved, it means that the US Citizenship and Immigration Services is convinced that you meet all the eligibility requirements to work including the fact that the terms and conditions of your work. Now that you have an approved H1B visa, you are supposed to be working with your US petitioner or employer. If you are looking for another employer, your H1B visa must still remain valid for you to be able to change to another employer.

You mentioned that your employer is unable to find a job for you. This is unusual considering that your employer represented to the US Citizenship and Immigration Services that there is a valid job offer for you. They remain responsible as your employer. If there is really no job, this employer may amend the petition or withdraw the petition for H1B visa Unfortunately, if they do that, you will be left without a legal status.

Since you already changed your visa to an H1B from an E2 visa, you may not now turn around and say that you want your E2 visa back unless you follow the appropriate change of status process. In changing your status back to an E2 visa, you have to prove your case again and show your eligibility to stay in the US on an E2 visa. This means proving that there is an investment enterprise to operate or you are essential employee of an investment enterprise owner also on E2 visa.

There are circumstances of dual nonimmigrant visas on the passport stamp where the visas are not inconsistent with the issuance. However, the Department of Homeland Security will not permit dual nonimmigrant visas upon entry into the US. Only the visa that is consistent with your intended activity will be issued to you. In your case, being an H1B visa and E2 visa holder at the same time is not legally possible.

Again, if you wish to change status back to E2, you should do so by proving your eligibility to receive an E2 nonimmigrant visa.

Thank you and I hope that this information is helpful.

Atty. Lou

(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com)
 

Categories
Global Pinoy

Coping with Rising Unemployment in the US

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The unemployment rate in the US rose to 10.2 percent last month which is the recorded highest rate since April 2003. The number of unemployed persons has risen and there are now 15.7 million unemployed based on the US Department of Labor’s BLS report.

The Filipino American immigrants are not spared from this unemployment crisis as more Filipinos are losing their jobs unexpectedly. There are no reported statistics of unemployed Filipino immigrants. Unfortunately, with job losses caused by the economic crisis, they find themselves dependent on unemployment insurance and other government assistance until they find a job.

Unemployment Insurance

Each state has its own law in providing for unemployment insurance. In the State of California, the Employment Development Department (EDD) is the government agency that handles the claims for unemployment insurance benefits.

This unemployment insurance program is applicable to workers including lawful permanent residents who lose their job through no fault of their own. To be eligible, they have to be available for work which means that they should be ready and willing to immediately accept work and be actively looking for work. The minimum weekly unemployment check is $70 and the maximum fee is $450. Many Filipinos avail of this program but this unemployment benefit lasts only for one year. It is expected that after one year, the unemployed beneficiary of this program would return to the job market and be fully employed. This is not always the case and a significant number of unemployed are still not able to look for a job despite diligent efforts to search for jobs.

For those that have exhausted their unemployment benefits and are still unemployed, the US Congress recently passed legislation extending their benefits to another 14 weeks after the unemployment check is exhausted. This legislation was enacted this month of November.

Stimulus Funds Offered to Unemployed

The Obama administration also authorized $787 billion as a stimulus fund in February 2009 to support the creation of jobs in different industries among other purposes. For the city of San Francisco, it has utilized this federal fund to assist the unemployed residents of San Francisco.

There is a “Jobs Now!” program which has for its goal the placing of 1,000 participants in jobs between May 2009 and September 2010. This is only available to low income families, more specifically in place for parents who have at least one minor child and were previously employed with wages below poverty guidelines. It does not only place jobs to eligible unemployed individuals but also benefits local employers by providing referrals of qualified workers by subsidizing 100% of the their wages until September 30, 2010. This program is run by the San Francisco Human Services Agency.

There are also other cities in the US that have similar programs that utilize federal stimulus funds. We do not know that extent of the number of Filipinos who are eligible to participate as employers or employees of the program are now.

Availability of Information

Finding resources to assist a Filipino immigrant in the US may be a challenging task. In the past weeks, especially with the recent Pacquiao victory in Las Vegas, the more exciting news aside from his victory is his alleged illicit love affair with a young Filipina actress. This appeared to be more an interesting issue than finding resources for the unemployed immigrant. Residents who lost their jobs and find themselves as stay at home parent may easily get hook to the daily Filipino soap operas that are shown on cable Filipino channels. There is very limited available information on the issue of employment resources.

Watching the national news on mainstream TV channels or being updated by printed news dailies may be the only way to obtain much needed information on resources. When US Congress last week extended the 12 month unemployment insurance benefits, how many of the affected Filipinos are aware of this 14 week extension if there is no outreach to the specific immigrant population?

As a vulnerable unemployed population increases and with lack of culturally specific outreach to the Filipinos, increase in the number of scam victims also arises. There are many online offers for assistance in filling up unemployment benefits that are not authorized by the government agency who get commissions for assisting the unemployed. Many unemployed get ripped off by some unscrupulous scammers.

The Undocumented Immigrant

For undocumented immigrants or the TNTs (Tago ng Tago) who were previously employed for many years and are terminated from their work, they are not able to avail of the government benefits for the unemployed. While they may have paid taxes and have contributed through their wages to the unemployment insurance program they are prevented from benefiting from this program because of their lack of proper immigration documents. When this happens, the TNT is presented with the option of depending on support from relatives or they may consider returning to the Philippines. The latter option is not usually chosen for economic reasons.  Interestingly, there is reverse foreign remittance to the US from the Philippines by their relatives or friends who are willing to assist. This may not be a common occurrence but we have seen this happen to an increasing number of unemployed Filipinos.

As Filipinos are known for their resiliency during times of crisis, the difficulties of this unemployment situation in the US remain a big challenge. No one really knows what to expect in the coming months. What persists is our formidable faith and hope that the economic situation will soon get better, relieving us of the individual crises we are all facing.

(Atty Lou Tancinco may be reached at law@tancinco.com or at 887 7177)

Categories
SideBar

Treasury Department to Push Banks to Modify Loans

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The U.S. Treasury department announced this week that it would be taking action against lenders, which aren’t doing enough to do loan modifications for financially troubled homeowners.

Banks that took federal aid are required to help homeowners, who are in danger of losing their homes, modify their home loans in order to help stop the epidemic of foreclosures.  The U.S. Treasury department says that lenders who fail do enough loan modifications will face consequences. The US Treasury department’s announcement was not specific but consequences are likely to include sanctions and monetary penalties for these lenders.

This is the administration’s latest attempt to push its $75 Billion loan modification plan, which had originally hoped to help save 4 million delinquent homeowners from foreclosure. Latest figures, however, show that only 650,000 homeowners have had their mortgage payments temporarily adjusted under a trial modification; and, eventually only a very small fraction of just about 1% of these trial modifications eventually received long-term modifications as reported to the Congressional Oversight Panel.

Under the Home Affordable Plan, delinquent homeowners who qualify under the program are put into a trial modification for a few months to make sure than can handle the new modified monthly mortgage payments. To qualify for this program, homeowners need to meet some basic criteria, including owing less than $729,750 on their mortgage, having an owner-occupied property as well as having monthly mortgage payments which exceed 31% of a homeowner’s gross income.  

Homeowners who apply for and qualify under this program are put into a “trial” period (usually 3 months) where homeowners must make timely payments of their mortgage.  Homeowners who comply with their mortgage obligations during the “trial” period are then given the opportunity to make these mortgage payments permanent, usually for a 5-year period.       

The Treasury Department releases monthly reports on how many trial loan modifications lenders have approved. The result has been very dismal for the program. The report shows, for example, that some major lenders such as Bank of America, has been lagging behind competitors in signing up homeowners for this program. JP Morgan Chase, for example, only has a little over half or 92,500 borrowers who have been able to make the 3 monthly payments during the “trial” period but only 26% of those have also submitted all the required documents to qualify for permanent modification.  CITIGROUP, on the other hand, has been able to convert only 1,800 borrowers into permanent modifications out of the 89,000 “trial” modifications it has.   

These are indeed very low figures and it is certainly a very far cry from the objective of helping 4 million homeowners under the program. Let us hope that with the US Treasury department’s announcement this week to push banks on helping homeowners receive permanent loan modifications will yield more success than the results of the past few months.

(DISCLAIMER: material presented above is intended for informational purposes only. It is not intended as professional advice and should not be construed as such. Rey Tancinco is a partner at Tancinco Law Offices, a professional corporation with offices in San Francisco, Vallejo, and Manila. The law office website is at: tancinco.weareph.com/old.  Rey Tancinco can be contacted at (800) 999-9096 or (415) 397-0808 or via email at: attyrey@tancinco.com

Categories
Updates

H-1B Count Update for November 20, 2009

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This week, USCIS published an update of the number of H-1B cap-subject
petitions they have received for Fiscal Year 2010. As of November 20,
2009, the federal agency has received approximately 56,900 H-1B
cap-subject petitions. USCIS has already approved enough H-1B petitions
for foreign nationals with advanced degrees to meet the target total of
20,000 visas allotted for petitioners that meet the advanced degree cap
exemption. All H-1B petitions filed on behalf of foreign nationals,
regardless of whether the nationals meet the requirements of the
advanced degree cap exemption, will now count toward the general cap of
65,000.

USCIS will continue to accept H-1B petitions until it has received a
“sufficient” number of these petitions to reach the mandate-defined
limits of the visa program. This takes into consideration that some
petitions received will be denied, revoked or withdrawn from
consideration.

Categories
Updates

Four USCIS Programs Extended Until 2012

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In late October, President Obama singed the Department of Homeland
Security Appropriations Act of 2010, extending certain USCIS programs
until September 30, 2012. Programs that have been extended until 2012
include the E-Verify program, the Immigrant Investor (EB-5) Pilot
Program, and the special immigrant visa category for non-minister
religions workers.

The law also extends the “Conrad 30” program. The “Conrad 30” program
allows each state health department to submit requests directly to the
Department of State to start the waiver process for foreign medical
graduates who have obtained J-1 status to change or adjust to another
status without meeting the required two-year foreign residence period.
Prior to this recent extension, the law applied to foreign medical
graduates that acquired J-1 status before September 30, 2009; today,
that law has been extended to cover those that receive J-1 status prior
to September 30, 2010.

Categories
SideBar

Tax Liability Even When Your House is Foreclosed

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The threat of losing our houses in foreclosure is always very stressful. It is not necessarily news to many homeowners nowadays that foreclosure rates are already at an all-time high. Properties are being foreclosed by lenders left and right. Homeowners are being preoccupied with the daily grind of paying off mortgages or catching up payments on delinquent accounts. With so many problems that homeowners are dealing with nowadays it is not necessarily pleasant news to know that if and when a homeowner’s efforts to save a house fail; and, their properties are finally foreclosed by lenders, they may still yet face a new problem of being liable for “income” taxes on the foreclosed property with the Internal Revenue Service (IRS).

This is a very common situation with homeowners who bought a house (or a townhouse or a condo) within the last few years. A homeowner, for example, may have bought his real estate property in 2005 and then suffered financial reverses when the property values declined in 2008. Unable to keep up with mortgage payments, many homeowners in this situation had their properties foreclosed in 2009.

For a specific example, let us assume that at the time of foreclosure in 2009, the mortgage balance still owed by the homeowner to the lender was $550,000. The house was foreclosed and sold at a foreclosure sale for only $350,000.  Fortunately for the homeowner, the unpaid balance of $200,000 was cancelled by the lender. Unfortunately for the homeowner, however, the lender issued an IRS form 1099 to the homeowner for the cancelled debt. How is this $200,000 cancelled debt treated by the IRS? Is this taxable?

If you borrow from a bank and the bank cancels or forgives your debt, the amount of debt that is cancelled is considered “income” for federal tax purposes.  This is considered “income’ because money was lent to you and you are no longer required to repay it. Hence, cancelled debts are generally taxable.

Fortunately for many homeowners, however, the Mortgage Forgiveness Debt Relief Act of 2007 grants some relief to homeowners.  This law gives tax relief to homeowners who would otherwise be taxed on the cancelled debts for qualified principal residences. It should be noted, however, that this debt relief act is limited by the following:

1. It only applies to a debtor’s primary home. It will not apply to second homes, vacation homes or investment properties.
2. The indebtedness that was forgiven was incurred for the purpose of acquiring, constructing or substantially improving the principal residence of the debtor. Hence, home equity debts which were incurred not to improve the home but are mortgage debts not related to the home such as educational, medical or consumer debts remains subject to income.
3. This law is only temporary and only applies to discharge of debts between the calendar years 2007 and 2012.
 
Homeowners losing their principal homes via foreclosure (though also applicable to short sales, or deeds in lieu) within the next 3 years will benefit greatly from the Mortgage Debt Relief Act.  However, homeowners who are not covered by this Act, may have to do some bit of tax planning in order to soften the impact of the “income” taxes due on their foreclosed properties.

(DISCLAIMER: material presented above is intended for informational purposes only. It is not intended as professional advice and should not be construed as such. Rey Tancinco is a partner at Tancinco Law Offices, a professional corporation with offices in San Francisco, Vallejo, and Manila. The law office website is at: tancinco.weareph.com/old.  Rey Tancinco can be contacted at (800) 999-9096 or (415) 397-0808 or via email at: attyrey@tancinco.com

Categories
Updates

USCIS Publishes Updates Count of H-1B Petitions Received

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USCIS has just published another update of the number of H-1B
cap-subject petitions they have received for Fiscal Year 2010. As of
November 13, 2009, the federal agency has received approximately 55,600
H-1B cap-subject petitions. USCIS has, as of this date, approved enough
H-1B petitions for foreign nationals with advanced degrees to meet the
target total of 20,000 visas allotted for petitioners that meet the
advanced degree cap exemption. All H-1B petitions filed on behalf of
foreign nationals, regardless of whether the nationals meet the
requirements of the advanced degree cap exemption, will count toward
the general cap of 65,000.

USCIS comments that it will continue to accept H-1B petitions until it
has received a “sufficient” number of these petitions to reach the
mandate-defined limits of the visa program, with the understanding that
a certain percentage of petitions received will be denied, revoked or
withdrawn from consideration.