移民代理， 你请对人了吗？

移民事务代理， 你请对人了吗？

在我们日常和客人的咨询过程中，常常听到有人说： 为什么张三这么说？为什么李四这么说？ 我们甚至代理了不少移民申诉案件，这些案件几乎都是不合法的移民代理服务引起的。 

问题是： 1） 移民申请就是找人填表吗？ 2） 谁都能代理移民案件吗？

以下是美国移民局关于非法移民代理的文章翻译。 本律师事务所因为事情的严重性，觉得有必要分享给大众。  

很多人都在提供移民服务。 不幸的是， 不是所有的人都有资格这么做。 当然有一些人是好心， 但更多的是骗钱。 这种行为是违法的， 而且会被认为是移民诈骗。 

如果你需要移民代理， 你要确保你要找对人， 要找到有执照的律师。 如果你找到违法代理会： 1） 导致你的申请延期； 2） 导致不正确的拒签 或 3） 导致驱逐出境；

只有律师和获得资历証明的人才能向你 1）提供法律咨询； 2）解释适合你的移民方式； 3） 代表你向移民局提供解释； 

只有律师或移民申诉办公室认定的代理才能在移民局代表你。 你的法律代理必须填写G-28 表， 申明你在移民局代理移民事务的授权。 移民局会将你的信息发给你的代理。 

移民申诉办公室认定的代理

移民申诉办公室认定的代理是移民申诉办公室批准的组织的工作人员。 这些人员有资格在移民局和移民法庭代理移民案件。 这些移民申诉办公室认定的代理不是律师，但他们有资格向你提供法律咨询。 这些认定的移民代理一定是为非盈利性质的，教会或福利机构。 他们只能收很少的咨询费用。 

如果你选择由移民申诉办公室认定的移民代理代表你， 你应该： 

1） 在移民申诉办公室的网站上找到移民申诉办公室认定的代理的机构和人员的名单；
2） 索要移民办公室的对该机构的认定证书； 

3） 索要移民办公室对该人的认定证书； 

这些证书一般是三年有效。 你要确定这些证书还有效以及该人有资格在移民局代表你。任何合法移民顾问都不应该有困难提供这些证据。 

What is security deposit and how do I get it back?

WHAT IS A SECURITY DEPOSIT? 

Under Florida Statutes 83 Sec 49, Security Deposit is money deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period. That is to say, A security deposit is any refundable money which the tenant gives to the landlord as a security against damage to the rental premises or advance rent. A security deposit may be called a damage deposit, last month's rent, a pet deposit or by some other name. 

HOW DO YOU GET MY SECURITY DEPOSIT BACK? 

A landlord is required to give you notice of his intention to keep all or part of your security deposit and the reason why he's entitled to it. The landlord has to send you the notice in 

writing by certified mail within 30 days of the day you move out or else he gives up the right to keep any of the deposit. To protect your rights you should:

(a) Send a certified letter to the landlord that he receives at least seven (7) days before you leave, 

stating the date you intend to leave and your forwarding address, so he will know where to mail your deposit. 

(b) You must also give enough notice to end your tenancy. Your lease usually spell out how many days prior to your moving you must issue notice to landlord and in what form. In case the lease does not provide terms with respect to notice, Florida Statutes will apply. For example, if you rent month to month, you must give your landlord fifteen (15) days written notice; if your rent 

week to week, seven (7) days written notice. But you should also send the landlord the above seven (7) day notice, to preserve your rights regarding the security deposit. Keep a copy of both letters and return receipts in case you go to court later. 

If you oblige all these legal requirements and the landlord refuse to return the deposit check, you may sue him or her in a county court. 

What is Business Lawyers’ Role in Immigration?

A law is a set of standard that was established by a government to govern, correct wrongs, deliver justice and maintain order in the society. 

Business lawyers have knowledge embracing from Formation of Organization, Business Planning, Corporate Tax Planning, Partners Interest Protection, Interests Protection in Business Transaction, Merger and Acquisition, to Protection of Trade mark and Intellectual Property, etc. 

Immigration is categorized into various types based on the relationship between the petitioner and the beneficiary. If the petitioner and beneficiary are relative, then the immigration petition is family based. If the petitioner is employer, either the beneficiary will be employee or the owner of the beneficiary, the immigration is business immigration. Others are asylum, lottery, religions.. etc. 

So what is the role of Business lawyer in Immigration Petition? To prove your case, you must present your business, business plan, business organization, even you need to create a new enterprise in the case of EB5 investment visa and L1 employment based immigration. Inevitably, business lawyers’ expertise in forming the organization, planning business activities, taxation and labor law compliance etc. If one can find an Immigration lawyer with Business law expertise, even better, a lawyer specialize both business and immigration, one can stop looking. 

Linda Liang & Associates LLC is comprised of lawyers who not only know from A-Z of immigration law but also has had years of training and experience in practicing Immigration law. Our combination of expertise makes our representation in Business Immigration almost unbeatable!

Worried About Funds Safety In The Course of Investment Immigration? There Is Solution.

The problem is many regional centers swarm into EB5 investment center in hope to capture foreign investors who want to “buy” green cards for their families. While they keep saying it is okay not to get the money back, they worry about being taken for a ride by people who they don’t share the same language. 

The concern is absolutely justifiable. Actually it is sadly surprising if one doesn’t have such concern. The truth of the matter is many approved regional centers are created by scammers. As EB5 lawyers, we constantly “stop” clients from investing. 

However, this is not end of the road. There is actually solution for this problem. 

Unknownst to most people, EB5 does not necessarily mean regional center. USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by 

USCIS based on proposals for promoting economic growth.

This is to say, investors can have standalone EB5 project as long as 10 jobs can be created as the result of investment. Of course, this could be a turn-off to foreign investors because it is unimaginable for most foreign investors to manage a commercial enterprise on a land they are clueless about. 

Well, rest assured. Why? Because if foreign investors can be guided to invest in a Franchise business where all management work is taken care of by the Franchisor, investors don’t have anything to worry but to operate with assistance of a translator or a manager. 

This is ultimate EB5 investment solutions for safety-conscious foreign investors. 

Standalone EB5 or EB5 Regional Center

EB5 program, in nutshell, is a promise of USCIS to grant green card to foreign investors on the condition that they invest in Us as per certain requirements. 

• There are two types of EB5 programs
• Standalone EB5 
• Regional Centers

Standalone EB5 program is a new commercial enterprise that will create at least 10 full-time direct or indirect jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident. A Regional Center is defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.

Required minimum investments is in generally $1 million. If the jobs were created in Targeted Employment Area (High Unemployment or Rural Area), the minimum qualifying investment is $500,000.

Regional centers are entities that have convinced USCIS to believe each investor of theirs, supported by statistically correct predicting tool and detailed plan, will result in 10 direct or indirect jobs. 

Either through EB5 Standalone or Regional Center, foreign investor may be granted a conditioned green card for two years.  If 10 jobs can be proven to have been created in two years, the condition on the green card will be removed. The only difference between investing in Standalone EB5 program and in Regional Center is that investor affiliated with a Regional Center can be qualified with 10 indirect jobs. 

The Pro to choose Standalone EB5 is that business stays in control of investors and as long as the project is operated, the risk that the condition won’t be removed is minimum. The con, to some people, is that a foreigner has to manage a new business in an unfamiliar country. The fix to the con is to hire a consulting company to manage the business or to enroll into a franchise company. 

The Pro to choose EB5 center is that investors don’t have to manage the projects themselves. However, trust is a gigantic issue here, let alone, let’s face it, some projects are indeed scams. 

In author’s opinion, franchising business is the best way to take advantage of EB5 center because here trust is not an issue and management can be guided. 

What to look for in a H1B-eligible Job

"Am I going to get a job?" "Can any job get me a H1B?" "What kind of job should I look for?" "How much do I have to be paid?" "How many soon-to-be graduates can get H1B?"

These are the questions this firm get all the time from anxious soon-to-be-graduates. Never a simple fixed simple answer was given to any of these questions because there is none.  The last question, in particular, "How many graduating aliens  can actually get a H1B", is invalid question because whether you can get a H1B depends on whether your circumstances meet all the legal requirements of H1B. 

So, although all the answers can be: it depends,  there is one equation to solve all these questions, which is, find a job that qualifies for H1B. 

What is a job qualifying for H1B?

Under Immigration & Nationality Act, a H1B job needs to be so complicated that its minimun requirement is a bachelor degree or its equivalence. Of course, you have to have a major that meets its requirement. 

With that being said, a waitress, a real estate agent, a car salesman etc may have less chance to pass the examination. 

Another thing you should look for in your job is your pay. As many of you have learned, your job needs to pay higher than prevailing wage, which is published by Department of Labor. Pay attention though, it refers to prevailing wage, not salary. Wage is hourly pay, salary is annual fixed pay.  So when you negotiate pay with your prospect employer, you'd be better off to negotiate a wage, hourly pay. Trust me, it is good for your chance for H1B. 

How to be a great immigration entrepreneur in US

I finally bought an Ipad this past Saturday. My home office is practically a show room for Apple. I have 3 apple computers, 1 apple TV setup box, I have had 3 apple Ipod touches which are smaller version of Ipad. All my computer bags and pouches are from Apple store. 

Believing in living a simple life, My husband and I have been fighting with our desires for an Iphone (my husband has Samsung Galaxy II) and  IPad. 

After a year of debating with ourselves, we finally gave in to the invisible force toward the Apple Store.  Needless to say, I am not a stranger to the Apple store. I know how they roll. But my heart is melt by the excellence in every step of the services every time I go there. 

First, I stood at a spot close to the door. I waved to a gentleman in a blue shirt. He came over and asked me what questions I have for him. I said my question was whether they still have the new Ipad. He laughed and said: "We certainly do. How many do you need?" "One. " I said. He had a device in hand which is a little thicker than Iphone and other than that, is an I-phone. I gave him my credit card. He ran it through in the device then said, the Ipad is coming right up. A minute or so later, here comes the IPAD in a beautiful box! 

Then I asked about a carrying bag for the Ipad. He said they didn't have bag for IPAD. but they have a magnetic cover specially designed for the Ipad. Alex, my husband, whispered then, "Oh, you really want to get that. Steve Jobs invented the idea. " Oh really, how good it is? This statement answers the question.  Steve Jobs' taste has never disappointed me. They asked for $70 for that cover. I paid without hesitation as a contribute to Steve Jobs. 

When I opened the box and used it, I was blown away!! The cover is made of leather and is foldable into 3. It has a magnet strip on the side. When I lay it on the desk and put the IPad close to it, it jumps right on to IPad. The installation took literally half a second. The cover not only serves as a protection to the screen, it also serves as energy saver because when user closes it, it put IPad to sleep! Moreover, when cover is folded into 3, it adjust the IPad to a right angle for viewers!

When we talk about talents, we usually talk about singing, dancing, joking...skills that entertain people. I would say our special appreciation for talents should also be dedicated to those who make our short lives more enjoyable, such as Steve Jobs. He heroically changed the way we read, read, shop and enjoy music and movies. ... His pursuit of excellence is so inspiring. We definitely should thank God for him! Thank you, Steve Jobs! RIP!