DOS Cable on Changes in Issuance of F, M, and J Visas
The Department of State has announced that as one of the elements of the recently announced Rice-Chertoff joint vision, persons applying for initial-entry F-1, F-2, M-1 and M-2 visas may now be issued these visas up to 120 days before the program start date as listed on their I-20S. Yet visas cannot be issued more than 120 days of his or her studies and applicants should be notified more than 30 days in advance. In addition, applicants cannot enter the U.S. earlier than 30 days prior to the initial program start date but the American Immigration Lawyers Association reports that a possible amendment to this rule stating that intial-entry students can still apply for admission up to 45 days before their program start dates if DHS publishes a regulation to implement the change. However, applicants continuing on student visas are not subject to these restrictions as long as they have been maintain their status and their SEVIS records are current.
Since these changes apply only to initial-entry students, continuing students can apply for new visas at any time, as long as they have been in student status and their records are current. Continuing students may also enter the U.S. at any time before their classes start although, officers may issue J-1 and J-2 visas to exchange visitors at any time before the beginning of their program.
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Polis Introduces Legislation to Make EB-5 Immigrant Investor Visa Program Permanent
Congressman Jared Polis (CO), along with representatives Matt Salmon (AZ), Joe Garcia (FL), and Mark Amodei (NV) introduced The American Entrepreneurship and Investment Act of 2014 which could solidify and improve the current EB-5 Immigrant Investor visa program, allowing foreign investors to continue providing substantial contributions to the U.S. economy therefore creating jobs and fostering business growth.
“The EB-5 program provides significant injections of capital and talent to our economy,”
Polis emphasized. “Passing comprehensive immigration reform is still the only true way to fully maximize the benefits that motivated and ambitious immigrants can offer to the United States.”
Created in 1992, the program provides a green card to foreign national investor-entrepreneurs who invest at least $1 million in certain qualified American business or invest in targeted Employment Areas and create a minimum of 10 American jobs. According to 2005 estimates, the EB-5 program has successfully in the investment of over $4.7 billion in U.S. projects, creating 95,000 American jobs.
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DHS Announces Chile’s Designation into the Visa Waiver Program
The Department of Homeland Security reports that Chile has been added to the list of countries participating in the Visa Waiver Program. Starting May 1, 2014, Chilean passport holders with both an approved Electronic System for Travel Authorization and an e-passport will be able to visit the U.S. visa-free for business/tourism periods of up to 90 days. Chile’s admission into the VWP stems from the determination that the country complies with “key security and information-sharing requirements,” including but not limited to enhanced law enforcement, security-related data sharing with the U.S., timely reporting of lost and stolen passports, and high maintenance standards in counterterrorism, law enforcement, border control, aviation, and document control.
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