Article in The New York Times International, Tuesday, August 11, 2009, page A-6:

Obama Says Immigration Changes Remain on His Agenda, but for 2010 Enactment

Guadalajara, Mexico – Flanked by his counterparts from Mexico & Canada, President Obama on Monday reiterated his commitment to pursuing comprehensive immigration reform, despite his packed political agenda and the staunch opposition such an initiative is likely to face.

Mr. Obama predicted that he would be successful but acknowledged the challenges, saying, “I’ve got a lot on my plate.”

But in the most detailed outline yet of his timetable the president said that he expected Congress, after completing work on health care, energy and financial regulation, to draft immigration bills this year. He said he would begin work on getting the measures passed in 2010.

“Now, am I going to be able to snap my fingers and get this done? No,” the president said. “But ultimately, I think the American people want fairness. And we can create a system in which you have strong border security and an orderly process for people to come in. But we’re also giving an opportunity for those who are already in the U.S. to be able to achieve a pathway to citizenship so they don’t have to live in the shadows.”

Here’s a great video clip that my friend Tony Macaluso sent me.   It’s definitely worth watching:

President Obama remains committed to comprehensive immigration reform and upholding “America’s tradition of a nation of laws and a nation of immigration.”

According to the White House press release just out, among the initial changes Obama plans to implement are: (First), Improvements to the U.S. Citizenship and Immigration Services (USCIS). The office will collaborate with Mr. Obama’s chief information officer, chief performance officer and chief technologies officer to make the agency more efficient, more transparent, and more user-friendly. USCIS will also launch in the next 90 days a new Web site that will, for the first time ever, allow applicants to get updates in the status of their applications via e-mail and text massage and online.

(Second), Secretary Janet Napolitano of the U.S. Homeland Security will lead a group that will work with Congress to systematically work through immigration issues.

Jacksonville immigration lawyer Stephen Davis remains optimistic that the new pronouncements of President Obama will lead to the early passage of the comprehensive immigration reform act into a law.

Mr. Davis said, “he hopes the political opposition mentioned in The New York Times on June 26, 2009, will not prevent the much needed reform of the Immigration laws.”

I want you to take a look at: Reform Immigration for America | Home 

The following will be included in the “Global Perpectives in Real Estate 3Q09″ magazine published by the CIPS Network of the National Association of

REALTORS ®:

What is a piece of America? It is owning property and/or a business. What is it worth? It is worth its weight in gold to foreign buyers. The novelist, Pearl S. Buck, said, “None who have always been free can understand the terrible fascinating power of the hope of freedom to those who are not free.” You are not just selling property. You are fulfilling the American Dream.

Can the American Dream of Liberty become a reality to foreign buyers?

The book The National Association of REALTORS ® 100 Years in Celebration of the American Dream, published in honor of NAR’s Centennial in 2008, points out that the early colonists came here not only for religious freedom, but also to acquire property, which to them, offered individual liberty. This is still true if real estate is connected to an active business or commercial enterprise.

Currently, the United States has treaties of commerce and free-trade agreements with 76 countries. The nonimmigrant E-2 Treaty Investor Visa is issued by American Embassies and Consulates General in those countries to qualified investors or essential workers of E-2 investor companies.

What are the Basic Requirements for the E-2 Treaty Investor Visa? Read the rest of this entry »

Jax Immigration Lawyer to address

Nat’l Assoc. of Realtors in D.C.

            The Foreign Buyers: International and Second Home Forum at  the NAR Midyear Meetings, Washington, D.C. May 14^th  will feature Immigration attorney, Stephen H. Davis, who will discuss EB-5, E-2 and L-1 visas that allow foreign nationals to gain conditional permanent residency and/or nonimmigrant worker status in the United States. Hundreds of  realtors will attend the two-hour forum to learn about the limitations and opportunities that the current visa programs offer foreign investors, buyers and entrepreneurs.

            “In this time of economic downturn, there is an opportunity to focus on  attracting foreign investors. With these different investor visa programs, our government is already able to tap the vast financial resources from other countries,” Davis emphasized.  A long time visa program is being promoted more than ever. It is referred to as the “EB-5 Investment Green Card “. It helps an investor attain a “Conditional Lawful Permanent Residence” status by investing $500,000 in a limited partnership at various Regional Center Project areas which the government seeks to financially revive a designated geographic area of the United States. Another program is an investment of $1M and must create 10 new full time positions for authorized U.S. workers, Davis pointed out. 

             Another type of investor visa or status is the nonimmigrant trade or investor visa (“E-2 visa”) that is offered to a person who comes to the U.S. to invest, direct and control an enterprise/investment. For example, ownership of a hotel, restaurant, specialty shop, real estate development or purchase of multiple-unit rental properties or condominiums, franchise business. There is an E-1 Treaty Trader visa for the export/import business.

             Lastly, the intra-company transferee or L-1 visa is granted to an executive or manager who wishes to come to the U.S. to work for the U.S. corporate subsidiary, affiliate or branch of the foreign company and who has been employed with the parent company for at least one year within three years prior to filing.

             “In his book, Think and Grow Rich,  Napoleon Hill says that for every adversity there is a seed of equal or greater opportunity. I am optimistic that if we think positive, we can create our own bailout,” Davis remarked with positive energy.

 Stephen H. Davis, P.A. has been a full-time immigration lawyer in Jacksonville, Florida for more than 30 years. He is a member of the American Immigration Lawyers Association (A.I.L.A.) and served on the Board of Directors of its Central Florida Chapter. He has authored many articles on immigration law and co-authored two books entitled Obtaining Lawful Permanent Residence in the United States  published  by The Florida Bar.  He has been an Adjunct Professor of the Florida Coastal School of Law.  To date, he has represented clients from 178 different countries worldwide.

            My client is a dual Canadian and Italian citizen who was first granted the E-2 Treaty Investor Visa in 2001 but his visa needed to be extended. He owns two (2) McDonald’s franchises in Florida and is the sole owner of the corporation that employs 62 workers for both locations.

            The U.S. Consulate General in Toronto’s processing time for E-2 visas was over 2 months. Since my client is a dual national of Italy and Canada, my strategy was to file in Rome.

            His E-2 treaty investor visa application was filed with the U.S. Embassy Rome, Italy. Cumulatively, his total investments in the business had amounted to more than $600,000. These investments were made in the forms of cash/fund transfer, reinvestment for remodeling, and purchase of inventories.

            With close liaison with the American Consul in Italy, I got the approval of my client’s E-2 visa in short period of time. The case was approved in approximately 2 weeks after receipt of the application and supporting documents.    

            Despite the financial crisis, US is still a haven for foreign investors.

My client is a major importer and exporter of seafood products. I filed the PERM labor certification case for the position of a Quality Control Coordinator (seafood and meat products) which was certified by the U.S. Department of Labor (“DOL”) in a span of two months.

Read the rest of this entry »

I filed my client’s E-2 treaty investor visa application with the U.S. Consulate General Frankfurt, Germany. He is a German national who invested $200,000 plus in a tanning salon business franchise in the Tampa Bay area of Florida. The fresh capital infusion originated from his home country . He is a 50% co-owner and business director whose principal activity is to develop and direct the business. After liaison with the American Consul (“AmCon”) less than three weeks later, his E-2 visa was approved. This is shorter than the normal two (2) months processing time. The AmCon complimented the excellent preparation and handling of the case which involved obtaining and assembling all the supporting documents required and my explanation of approvability pursuant to the complex legal requirements.

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