• Ashenberg Law Group

April 2019 Newsletter

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IMMIGRATION UPDATES

1. Continuation of Worldwide Backlog for EB-1A Green Cards, No Forward Movement for USCIS’ Final Decision on Green Card Applications Submitted by China-Mainland Born Applicants

The U.S. Department of State’s (DOS) most recently released Visa Bulletin for April 2019 shows a continuation of worldwide backlog for EB-1. The priority date in which USCIS gives the final decision on green card applications already submitted by China-Mainland born applicants unfortunately has no forward movement in April 2019.

As with February, USCIS will accept adjustment of status applications based on the “Dates of Filing” charts for family-based cases, and the “Final Action Dates” for employment-based cases.

The April 2019 Visa Bulletin can be found here.

2. H-1B Work Visa

USCIS Announces Start of FY 2020 H-1B Cap Season and Start Dates for Premium Processing

On March 19, 2019, USCIS announced the start of the FY 2020 H-1B cap season. Starting today (April 1, 2019), USCIS will start accepting cap-subject H-1B petitions for FY 2020. If your petition is not yet in the mail, make sure to follow-up with your employer or the attorney to ensure timely delivery to USCIS!

Contrary to the past 2 years where premium processing is temporarily suspended for all cap-subject H-1B petitions, USCIS will offer premium processing (albeit not handled immediately) in a two-phased approach for FY 2020. For petitions with a “change of status” request, USCIS announced that premium processing will begin on May 20, 2019. For petitions with a “consular processing” request, premium processing will begin in June 2019 after USCIS notifies the public.

USCIS’ alert can be found here.

USCIS Resumes Premium Processing for All H-1B Petitions

On March 12, 2019, USCIS resumed premium processing service for all H-1B petitions. If you have a pending H-1B Petition, including any H-1B transfers or amendments, you may apply to request expedited case processing.

USCIS’ alert can be found here.

ALG SUCCESS STORIES

EB-1A Petition Approved for Biomedical Research Scientist in Pharmacology

Dr. W is an extraordinary biomedical research scientist in the field of pharmacology, with focus on preclinical research and development of novel drugs with anti-cancer and anti-inflammatory properties. Because of her groundbreaking research, Dr. W plays the most significant role in the development of drugs treating high incidence diseases such as rheumatoid arthritis, ulcerative colitis and colorectal cancer. Dr. W is regarded as one of the world’s foremost experts in the field of pharmacological research, specifically relating to auto-immune and cancer related illnesses. Given Dr. W’s extraordinary anti-cancer and anti-inflammatory drug screening and target research, ALG filed and obtained EB-1A approval for her as a person of extraordinary ability.

To demonstrate Dr. W’s extraordinary ability, ALG submitted evidence of her invited memberships into prestigious medical and pharmacological associations; the results of her work as an active peer reviewer and editorial board member for biomedical periodicals; her securement of several patents in the field that were successfully transferred to a pharmaceutical company for production; her role as a leading scientist in projects and prestigious medical research institutes; and her scholarly article publications that were regularly cited by experts in the same field.

Under regular processing, USCIS approved this EB-1A petition in 9 months without a request for additional evidence.

L-1A Petition Approved in 7 Days for General Manager of Construction Management Company Mr. C had been serving as the General Manager of a Chinese materials and mechanical goods trading company for 15 years. The U.S. affiliate company hoped to transfer Mr. C as General Manager to develop its construction management business in the U.S.

ALG attorneys consulted with Mr. C on the qualifying relationship of the two companies, carefully reviewed all probative documents, and drafted a detailed petition letter to incorporate all the supporting documents to prove the Chinese company’s thriving business and the genuine business need to expand to the U.S. market.

Under premium processing, USCIS approved this L-1A petition in 7 days without a request for additional evidence.

OTHER ANNOUNCEMENTS & UPDATES

Emily Graham, Esq. Enters into Of Counsel Relationship with ALG



Emily Graham, Esq.

Emily’s practice focuses on tax, estate planning, structuring, and asset protection. She has over 12 years of focused experience with clients from the entertainment, real estate, and healthcare industries. Emily holds an LL.M. in Tax from Boston University, an LL.M. in Real Property Development from the University of Miami, as well as a J.D. from Nova Southeastern University. Emily is admitted to the bars of California, Florida, and Louisiana.




The Benefits of Trusts and Estate Planning for Chinese Immigrants By Emily Graham, Esq., Of Counsel There are many benefits of U.S. Trusts for Chinese immigrants. One of the most significant benefits is the anonymity that trusts provide. Certain trusts do not have registration, disclosure, or reporting requirements – this is very important for clients who seek privacy. Also, trusts can provide an added layer of asset protection. For income and estate tax purposes, trusts and estate planning are especially beneficial for married couples and families. Moreover, there are other helpful structures that families can use. For example, Chinese resident parents may wish to purchase a condominium for their child while the child studies at a U.S. university. In carefully structuring the purchase, ownership and holding in trust of the property, the non-resident alien funding of the trust may be tax free. It is a pleasure to join ALG as Of Counsel in the California Office, and to provide Tax, Trusts and Estate Planning services to firm clients.


Please feel free to reach out if you have any questions about ALG's Tax, Trusts and Estate Planning services!

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