Want2Move

This is about the article (A New Route to US Residency for Professionals?) in BE frontpage written by Orlando Ortega-Medina, Esq. Click Here for the article , if you are lazy to type the web address to read the article.

I know there are a lot of immigration experts in this forum, I am wondering what you think about this route and if it is really going to work.

Ray

May well work with a full legal team of Lawyers ...
Lots of ifs and buts

Folinskyinla

Hi:

I haven't read the article. And the Administrative Appeals Unit has not issued a precedent decision since the 1998 EB-5 cases [yes, in the last 10 years]. However, my pack-rat mind remembers a precedent case from 19-EIGHTY called Matter of Aphrodite Investments -- see
http://www.usdoj.gov/eoir/vll/intdec/vol17/2826.pdf

It is still good law. There is nothing "new" about this -- 28 years old.

That said, H-1b is still the lottery -- in 1980, there was no numerical limitation.

Want2Move

Thanks Ray and Folinskyinla.

Folinskyinla, could you please read the article when you have some free time and let us know what change/law the author is talking about and how viable it is?

Thanks.

Ray

Or get your Lawyer to read it ...

meauxna

Want2,

The first two paragraphs of the article use the term 'potentially opens up' a new route. Notice that the player in that case had to sue to get the decision, which may or may not apply to other cases.

If you are serious about this, you would need a lawyer to assist with your case.

Want2Move

If I had a lawyer, I would not be coming to this forum for FREE advice. And it was a kind request to Folinskyinla, if he wanted to give some free advice as he seems to do that in this forum. If he does not want to give free advice, that's just fine with me. Thanks for the suggestion anyway.

Thanks. I am not serious about it. Just wanted to know if it really works and I did not catch the phrase 'potentially opens up'. Only reason I wanted to know if this route really works is incase if I need to use this option in the future or I could help my friends who are in H1B and would like to start their own company.

Folinskyinla

Hi:

I don't do H-1b's any more. My colleague Eileen Chun does -- she is aware of "Aprhodite Investments" as a "seminal case" although she has never done one. However, she noted that with the "lottery" aspects these days, it is often not an advisable way to go.

I just took a look through Westlaw and Aprhodite has never been overruled. In fact, it appears that CIS just LOVES Aphrodite because it is used to block consideration of the shareholder's individual assets regarding ability to pay.

fatbrit

If you started a suitable non-profit, would this work better?

meauxna

Only if it's for the chiiiiildren.

fatbrit

You've been watching too much Simpsons!

Folinskyinla

Hi:

Given the nature of "non-profits", Aphrodite has no application. They don't have stockholders.

meauxna

We went to the same high school, can't help it.