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What is Registry?

Posted on November 20, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been in the U.S. for over 30 years. I’m illegal here, but cannot seem to find a way to get my status. Is there anything I can do?

Answer: If you have been present in the United States since January 1, 1972, you may be eligible for the “registry” provisions of our immigration laws which would allow you to obtain lawful permanent residence even if you are illegally in the United States now, or if you initially entered the U.S. illegally.

Question: Where Can I Find the Law?

Answer: The part of the law concerning the registry provisions is located at INA §249. The specific eligibility requirements and procedures for becoming a permanent resident through registry are included in the Code of Federal Regulations (CFR) at 8 CFR 1259 .

Question: Who Is Eligible?

Answer: You are eligible to apply for permanent residence based on 8 CFR 1259 if you: Entered the United States prior to January 1, 1972; Have continuously resided in the United States since entry; Are a person of good moral character; Are neither ineligible for citizenship, except for the requirement of five years of lawful permanent residence, nor inadmissible for participation in terrorist activities, certain criminal or security grounds, or for alien smuggling and never participated in Nazi persecutions or genocide.

Any alien who has at any time engaged in terrorist activities is ineligible for registry. Further, any alien who fails to appear at a removal hearing, or who fails to depart after agreeing to voluntary departure, is ineligible for registry for a period of ten years.

Question: How Do I Apply?

Answer: You must submit a completed Form I-485 with filing fee, and a completed Form G-325A with evidence that you have continuously resided in the United States prior to January 1, 1972, to the USCIS district office having jurisdiction over the place in which you live. You must establish that you are eligible and that registry should be granted in the exercise of discretion. There is no appeal from the decision of the District Director but your application may be renewed in front of an Immigration Judge.

Question: Will I Get a Work Permit?

Answer: Applicants who are inside the United States and have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) are eligible to apply for a work permit while their case is pending. You should use Form I-765 to apply for a work permit.

You do not need to apply for a work permit once you are accorded permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will provide evidence that you have a right to live and work in the United States permanently.

Question: Can I Travel outside the United States while I am waiting for my application under the registry provision to be processed?

Answer: If an alien obtains Advance Parole from the USCIS following approval of a Form I-131, he or she may travel outside of the United States and return without jeopardizing their registry application. However, any alien who has accrued more than 180 days of unlawful presence in the United States and then travels outside the United States is inadmissible for a period of 3 to 10 years. Registry applicants have, by definition, accrued long periods of time in unlawful status. If you are applying for permanent residence using the section 249 registry provisions, you should not travel outside of the United States without first obtaining advance parole from the Service, or you will be unable to return to the United States.

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The New Year’s Hope for Immigration

Posted on November 19, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been fighting my case for some time and yet do not have anything. What can I do?

Answer: As the year comes to an end, you need to try to give thanks for what you do have and then start again after the New Year. I am sure that you can appreciate and understand that practically everything is getting more difficult at Immigration. Whether your case is in Immigration Court, on Appeal to the Board of Immigration Appeals or the Circuit Courts or in front of USCIS, things are taking longer. Whether you have a Labor Certification or are applying for a Religious Visa, or a multitude of other types of visas, everything has gotten harder. Whether you are applying for a particular kind of Waiver or relief in Immigration Court, the evidence needed to present is much more than it used to be.

Therefore, you must keep fighting and you must keep your hopes up high. No matter how hard it is to get what you want from Immigration, you can always make a better case than before and you can always submit more evidence. We as a people cannot let the forces at Congress, USCIS, BICE, BCBP, and DOL or any other government agency drive immigrants and nonimmigrants away. If we permit the forces against the natural flow of immigration to win, then the United States will become the opposite of a land of dreams. It will become a land that will become unwelcoming.

As an immigration attorney, I am committed to keeping the fight going. Since IIRAIRA passed in 1996, lawyers across the U.S. have fought against provisions that were hurtful and spiteful to immigrants. Slowly, bit by bit, we have had successes to show that certain parts of legislation aimed against immigrants were unfair or unconstitutional. Now, there are more cases in Circuit Courts across the U.S. that are immigration related than ever before. The Circuit Courts are inundated with immigration cases because we must keep appealing and keep fighting what are laws that are aimed to deprive the immigrant of their dreams. If we give up, then we are validating the unfair laws, the discrimination, and the laws that will keep immigrants out of the U.S.

Therefore, do not despair that it is taking a long time to resolve your visa or your status. Keep in mind that there are multitudes of people in a much worse situation than you. There are people whom did not have anyone to fight for them and have been deported; had their appeals denied; had their Labor Certifications denied or had their relief denied. However, as long as you have an immigration attorney fighting for you, keep up your hope. It is only the fighting by that immigration attorney and other immigration attorneys across the country that will eventually prevail against antiquated laws and the discrimination against immigrants that exists by some of Congress.

It is almost New Year’s. Let’s give thanks for our health and our family. Let’s give thanks that we are still in the U.S. fighting to stay and fighting to get what is deserved. Let’s look at the people who did not win and hope that someday they have a successful return to the U.S. Hope is a powerful emotion and all of us can have hope to get what we eventually want.

I would like to wish all of my readers a Happy and Prosperous New Year’s and a hope that next year will give each and everyone of you prosperity and happiness.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling    (866) 495-0554    or    (562) 495-0554   . The Firm website is www.californiaimmigration.us.

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Are H-1B’s and H-2B’s used up yet?

Posted on November 17, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

 Question: I have heard that H-1B’s and H-2B’s are going quickly. Are they used up yet?

Answer: The DHS recently published numbers of H-1B’s and H-2B’s currently used. The H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa program is utilized by some U.S. businesses and other organizations to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The current annual cap on the H-1B category is 65,000. It appears that for non advanced degree holders, the cap of about 58,000 has approved over 22,000 and has about 30,000 pending. This means there are only about 5,000 left. You should get your H-1B in right away.

However, if you have an advanced degree, there was an extra 20,000 H-1B’s allocated. For the rest of the 2005 fiscal year, there have been about 10,300 that have been approved. Thus, there is still a reasonable amount left. For the fiscal year of 2006, there have already been about 8,000 used up.

The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

Of the 35,000 left until October 1, 2005, about 16,000 have been used. There have only been about 300 used up for the first half of 2006. Therefore, there seems to be quite of bit of H-2B’s left.

Question: Do you think there is any problem with filing an H-1B or an H-2B at this time?

Answer: You never know how soon all of the visas will be used up. There are people across the U.S. who are aware that there is a limit on these visas and are trying to get their visas in right away. Therefore, you should have your visa petition prepared right away to ensure you get in this years allotment. All kinds of status problems could occur if the allotment is used up and your stay in the U.S. expires afterwards.

Question: Should we file the H-1B and/or H-2B with premium processing?

Answer: Definitely. You never know if your application will be filed one after the last one. Therefore, to ensure your chances, pay the $1,000 premium processing fee and have peace of mind.

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Are H-1B’s gone yet?

Posted on November 13, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a Masters Degree in Business Administration and want to obtain an H-1B. Are they all used up yet?

Answer: The U.S. Citizenship and Immigration Services (USCIS) announced on May 24, 2005, that it has received approximately 6,400 H-1B petitions that will count against the Congressionally-mandated 20,000 cap exemption for fiscal year 2005 established by the H-1B Visa Reform Act of 2004. This would be for people with advanced degrees (not the normal type of H-1B.) The USCIS published an interim final rule on May 5, 2004, implementing the new H-1B cap exemption for foreign nationals holding U.S.-earned advanced degrees, pursuant to the H-1B Visa Reform Act of 2004. The Act exempts 20,000 H-1B visa numbers from the overall H-1B cap for foreign nationals holding masters or higher degrees from U.S. universities. Petitions seeking Fiscal Year 2005 H-1B visa numbers under the exemption received on or after May 12, 2005, will be accepted for filing.

The new regulations, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The regulations make available 20,000 new H-1B visas, only for foreign workers with a minimum master’s level degree from a U.S. academic institution, in addition to the Congressionally-mandated annual cap of 65,000 H-1B visas.

Question: About how many more remain this year for the advanced degree holders?

Answer: About 13,600 slots remain available for fiscal year 2005 (which ends on September 30, 2005). Only foreign nationals holding masters or higher degrees from U.S. universities are eligible for one of these numbers. Because the 65,000 cap has already been reached, H-1B employers seeking the services of foreign nationals who do not hold such degrees are restricted to filing petitions for a FY 2006 number (i.e., for employment commencing on or after October 1, 2005) unless a different cap exemption is applicable (e.g., the employer is an institution of higher education). Note that a new 20,000 cap exemption will apply for FY 2006. The USCIS will exempt the first 20,000 petitions for H-1B workers who have a master’s degree or higher from a U.S. institution of higher learning. After those 20,000 slots are filled, the USCIS will apply petitions for H-1B workers with a master’s degree or higher against the annual cap of 65,000. As a result, once the 20,000 numbers are used, an initial petition for an advanced-degree worker will be approved only if a number is available within the general 65,000 cap or the case is not subject to the cap under a different exemption (i.e., the employer is an institution of higher education).

Question: My friend has had an H-1B for almost 6 years and has had a Labor Certification pending for over 1 year. I heard you can only have an H-1B for 6 years maximum. What is he to do?

Answer: Post-Sixth Year H-1B Extensions Based on Long-Pending Permanent Residence Papers under what is known as AC-21 § 106(a)) allows for an extension if a labor certification or employment-based petition has been filed on behalf of the alien and remains pending for 365 days. Note the following issues clarified by the 2005 memo. Combined standard and post-sixth year H-1B extensions permitted. To obtain a post-sixth year H-1B extension, there is no need for the foreign national to first request an extension of time through the completion of his or her initial six years and then request an additional extension of time beyond the six-year limit. The petitioner can request an extension that combines the remaining time in the initial six-year H-1B period and post-sixth year time. Post-sixth year time can only be granted in one-year increments, and the total period of extension cannot exceed three years.

Question: When should the extension be filed?

Answer: The post-sixth year extension request can be filed prior to the passage of 365 days from the filing of a qualifying labor certification or I-140 petition, as long as the qualifying labor certification or I-140 petition has or will have been pending for 365 days prior to the foreign national’s requested extension start date. However, the extension will not be granted if the foreign national will not be in H-1B status at the time that the 365 days have elapsed, i.e., where there is a gap in status.

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Does the Government need to know you will be tortured?

Posted on November 12, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

 Question: I have heard a great deal about the Convention Against Torture and what might be needed. I have a friend that escaped his country because he thought he was going to be killed. However, I am not sure if the government knew that this group of rebels wanted to torture him. Will this qualify for the Convention Against Torture?

Answer: There is a case that just came down in the 9th Circuit Courts of Appeal and it address this issue. First, it is necessary to discuss the facts of that case. In Colombia, Ochoa owned a women’s clothing store in the San Andresito Shopping Center. Initially, Ochoa purchased clothes in Colombia and sold them at his shop. Then in 1996, he started traveling to the United States to purchase clothing. The clothes he purchased were shipped to Colombia, where he sold them wholesale and retail. In the course of Ochoa’s business he borrowed $20,000 from a private lender. The money was lent to Ochoa at six percent interest monthly, seventy-two percent interest annually. In addition to lending money, the lender sent retailers to Ochoa. The retailers would buy clothing from Ochoa on credit and then resell the clothes. The retailers would post-date OCHOA v. GONZALES 5235 checks for the clothes and thirty days later Ochoa would cash the checks. Several of the retailers defaulted on their checks. Ochoa never recovered the money. Because the retailers defaulted on their credit, Ochoa could not repay his loan. Soon thereafter a man named Efrain came to Ochoa’s store on behalf of the lender to collect the money. In a very harsh way, Efrain demanded Ochoa repay the money immediately. Ochoa had heard that Efrain was the “kind of person that you had to watch out for, that he had possibly killed one or two people, but that no one could really prove it.” Ochoa was also approached by a person who claimed to own the money lent to Ochoa. This person, who never said his name, proposed a plan for Ochoa to work for him to repay the loan. Ochoa testified, “he simply wanted me to keep on doing my traveling, so they’d be in charge of picking up my merchandise, send it to Colombia, and then delivering it to me.” Ochoa’s testimony and evidence in the record indicates the lender was a narco trafficker and that he was pressuring Ochoa to participate in a narco-trafficking money laundering scheme. Ochoa did not accept the proposal. Instead, Ochoa offered to give the lender/narco-trafficker his house, car, and business to pay off the loan. The approximate value of these things was $30,000. This would have been an immediate fifty percent profit on the loan. The lender refused. Ochoa’s friends and family advised him to reject the deal and “to just get out, to leave.” They said that people who “worked” for the lenders “normally got killed, or else those who refused to work for them got killed right away.” Ochoa said in his asylum declaration that “In San Andrecito merchants disappeared on a regular basis without any police inquiry, when the merchants had fallen in disgrace with the money lenders.” Because of the threats to their lives Ochoa and Diaz left Colombia and came to the United States. Ochoa entered the United States on December 4, 1997. Diaz entered approximately a month and a half later. They have not returned to 5236 OCHOA v. GONZALES Colombia since. Ochoa believes the situation in Colombia has “actually gotten worse” since they left.

Question: What happened at the Immigration Court with these people?

Answer: The Judge found the petitioners credible and directed Colombia as the country of removal. The Judge denied the petitioners’ applications for asylum and withholding because he found the petitioners did not prove their fear of persecution was “on account of” an enumerated basis. The Judge found the petitioners would be subject to torture if they returned to Colombia and he granted them withholding under the Convention Against Torture (CAT.) The Board of Immigration Appeals reversed the Judges decision that granted relief under CAT. The BIA found there was not sufficient evidence to show the government’s acquiescence in the feared torture.

Question: This certainly seems unfair. What was the outcome in the 9th Circuit Court of Appeals?

Answer: Under CAT a person qualifies for relief if “it is more likely than not that he or she would be tortured in their home country. CAT define torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for . . . any reason based on discrimination of any kind . . . by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” The BIA found Ochoa could not show the Colombian government acquiesced to the feared torture. That standard (which is now overruled) requires a petitioner to “do more than show that the officials are aware of the activity constituting torture but are powerless to stop it.” In that standard, it is required that government officials to be “willfully accepting” of the feared torturous activities.

The proper standard under CAT is that a petitioner need only prove the government is aware of a third party’s tortuous activity and does nothing to intervene to prevent it. Therefore, in your friend’s case, if he can show the government is aware of the rebel activity, but does nothing to stop it, he will have met that standard for CATS.

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How can I petition a helper from Mexico?

Posted on November 11, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a business that I have started in the U.S. I am from the Philippines and my business partner is from Mexico. We would like to petition someone from Mexico and another person from Singapore. Can you give me an option of what needs to be done?

Answer: Prior to January 1, 2004 there was what was known as NAFTA (North American Free Trade Agreement.) While it still exists, there are some changes which have just gone into effect. This will answer your question on how to petition the person from Mexico. Mexican Nonimmigrants (“TN”) Professionals have newer, easier and faster procedures for coming in under this type of visa.

Under the new provisions of the NAFTA, the petition requirements employers wanting to hire Mexican professionals under the provisions of the NAFTA will no longer be required to obtain a certified labor condition application from the US Department of Labor or file Form I-129 with the USCIS. In many cases, this procedure would take six months to one year. Now, Mexican professionals desiring a free trade visa will apply directly to a US Department of State consular office in Mexico for the visa. This will allow you to petition for him/her much quicker as the application can be sent directly to the U.S. Consulate.

Question: What if one of the Mexican nationals I cam considering hiring is already in the U.S. on another status. Must he leave the U.S.?

Answer: No. Extensions and changes of nonimmigrant status for NAFTA professionals in TN classification will continue to be processed by the USCIS. Extension and change of status applications for TN nonimmigrant professionals must be submitted to the Nebraska Service Center for processing, accompanied by a letter from the US or foreign employer stating the activity to be engaged in, the anticipated length of stay, and the arrangements for remuneration.

Question: Do these new NAFTA provisions apply to my prospective worker from Singapore?

Answer: No. ‘TN’ visas under NAFTA apply only to persons from Mexico and Canada. However, there has been an implementation of New Chile and Singapore Free Trade Agreements as of January 1, 2004. Under the immigration provisions of these agreements, as approved by Congress in Public Laws 108-77 and 108-78, a new H-1B1 nonimmigrant category has been created for professionals from Chile and Singapore. For purposes of the trade agreements, a professional is defined as “a national of [Chile or Singapore] who is engaged in a specialty occupation requiring (a) theoretical and practical application of a body of specialized knowledge; and (b) attainment of a post-secondary degree in the specialty requiring four or more years of study (or the equivalent of such a degree) as a minimum for entry into the occupation.”

In addition, the two agreements allow for the presentation of alternate educational credentials in the case of certain Chilean citizens seeking admission as H-1B1 Agricultural Managers and Physical Therapists. Further, in the case of both countries, the two agreements allow persons seeking admission as Management Consultants to present alternative documentation reflecting experience in the area of specialization. By statute, Chile will be allocated a maximum of 1,400, and Singapore a maximum of 5,400 H-1B1 nonimmigrant visas annually for professionals from these countries.

Question: Where must the people from Singapore apply?

Answer: Citizens of Chile or Singapore must apply directly to the US Department of State overseas for an H-1B1 nonimmigrant visa to be eligible for admission to perform professional services for a US employer pursuant to the two trade agreements. As with the provisions of the NAFTA, the USCIS will only process requests for extensions and changes of nonimmigrant status to H-1B1 nonimmigrant professional for citizens of Chile and Singapore. USCIS will not accept initial requests for H-1B1 status under the two Free Trade Agreements.

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My child is a U.S. Citizen – and I didn’t even know!

Posted on November 10, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: We just petitioned our child after not seeing him in our home country for over 2 years. He will be coming to the U.S. as a Lawful Permanent Resident. When can we apply for citizenship for him?

Answer: On October 30, 2000, the Child Citizenship Act of 2000 (CCA) was signed into law. The new law permitted foreign-born children (including adopted children) to acquire citizenship automatically if they meet certain requirements. It became effective on February 27, 2001.

Question: Which Children Automatically Become Citizens Under the CCA?

Answer: Since February 27, 2001, certain foreign-born children of U.S. citizens (including adopted children) residing permanently in the United States acquired citizenship automatically. The term “child” is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law, and must also meet the following requirements: The child has at least one United States citizen parent (by birth or naturalization); The child is under 18 years of age; The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent; The child has been admitted to the United States as a lawful permanent resident or has been adjusted to this status; An adopted child must also meet the requirements applicable to the particular provision under which they qualified for admission as an adopted child under immigration law. Acquiring citizenship automatically means citizenship is acquired by operation of law, without the need to apply for citizenship.

Question: Must an application be filed with USCIS to establish a child’s citizenship?

Answer: No. If a child qualifies for citizenship under the Child Citizenship Act, the child’s citizenship status is no longer dependent on USCIS approving a naturalization application. The child’s parents may, however, file an application for a certificate of citizenship on the child’s behalf to obtain evidence of citizenship. If a child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law either on the day of admission to the United States or on the day that the last condition for acquiring citizenship is satisfied.

Question: Will Eligible Children Automatically Receive Proof of Citizenship?

Answer: If the child falls under this provision, they will automatically receive a Certificate of Citizenship within 45 days of admission into the U.S. This program eliminates the need for the issuance of a Permanent Resident Card for newly entering children, since these cards are not applicable to U.S. citizens.

In other words, if the child falls under this provision of law, the moment they are admitted as a Lawful Permanent Resident, they are immediately considered to be a U.S. Citizen.

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Act NOW or it might be too late!

Posted on November 9, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that Congress will finally be passing some type of new comprehensive Intelligence Bill. But at the same time, I have heard that there are various immigration provisions that will also be passed. Are these items related?

Answer: Unfortunately, in order to get certain congresspersons to help to pass a major reform bill, there is a great deal of back door negotiating. In this bill, it is no different. The provisions that they have requested go into this bill regarding immigration are draconian and will hurt immigrants.

Question: Is it law yet? Is there anything anyone can do to stop the immigration provisions from going into the bill?

Answer: No, it is not law yet. When Congress returns to session, your Senators and Representatives may be voting on intelligence reform legislation. Whether that legislation includes anti-immigrant and anti-civil liberty measures could be up to you! Join pro-immigration groups across the country this week and contact your Senators and Representatives through the Congressional Switchboard (202-224-3121) and through Contact Congress. Congressional offices are reporting that calls and letters in support of these ill-conceived measures are coming into their offices. Now, it is up to all of us to make sure that we make our voices heard and send a letter or e-mail or simply call our congressional representative.

Along with your own Members of Congress, please contact the following Members of Congress by phone: Speaker of the House Dennis Hastert (R-IL) at 202-225-2976. Representative Hoekstra (R-MI) at 202-225-4401. Representative Harman (D-CA) at 202-225-8220. We need to thank her for her leadership and urge her to hold firm. Senator Collins (R-ME) at 202-224-2523. We need to also thank her for her leadership and urge her to hold firm. Senator Lieberman (D-CT) at 202-224-4041. We need to thank him for his leadership and urge him to hold firm.

After calling your Members of Congress, you can also write to them using Contact Congress to urge them to oppose the anti-immigrant provisions in the proposed Intelligence Reform legislation.

President Bush also needs to hear from you because he has said that he will work to get a bill passed this year. It is important that you contact him by phone and email a letter to urge him to support an intelligence reform bill that does not include these negative provisions. Contact the White House by phone at 202-456-1111.

It may seem that a single person cannot make a difference. However, if each of us tries to take this small step, it could make all the difference in the end.

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I thought H-1B’s were dead!

Posted on November 5, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that H-1B’s were all used up for this fiscal year on the very first day. I have my Masters in Business Administration and was hoping to get an H-1B. Is there anything I can do?

Answer: Actually, there have been new H-1B provisions which have been passed by both the House and the Senate. It is simply awaiting signature by the President of the United States to make it law. It was actually passed inside of an Omnibus Budget Bill.

The new H-1B laws are entitled the ‘H-1B Visa Reform Act of 2004’. Now an employer must pay $1,500 to have an H-1B petition filed. If the employer has less than 25 employees, then the employer will only be required to pay $750.00. Additionally, there is a ‘Fraud Fee’ for both H’s and L’s of $500. Apparently, there is a big concern about fraudulently filed H’s and L’s and now everybody who files such applications must pay $500 which will go to a specific unit to investigate such fraud.

Next, the prevailing wage to be paid must be 100% (not 95%) of what is normal for the industry. However, the law now mandates that instead of the currently listed two tier wage for experience, there should be a four tier level of experience to determine the wage.

The Department of Labor will be able to conduct and initiate investigations into what it believes are employers violating the H-1B provisions.

In regards to your situation, now people who earn Master’s or higher degree from a U.S. institution are now exempt from the H-1B cap. There is a limitation of 20,000 per year for this exemption. Thus, assuming this is signed into law, it would help you for the next fiscal year. This is certainly a step in the right direction.

Question: There are certainly a lot of fees that have been added. Where are all of those fees going to go?

Answer: The distribution of money will be as follows: Job training- from 55% to 50%; Scholarship program- from 22% to 30%; National Science Foundation grant program for K-12 Math. Science and Technology education- from 15% to 10%; DHS processing from 4% to 5% and DOL processing maintained at 5%. The scholarships for computer science or other technology or science programs are increased from $3,125 to $10,000.

The most important provisions changing the H-1B program seem to be the exemption of persons with Master’s and higher education in the U.S. This will actually free up 20,000 more H-1B’s per year for everyone else. While this is not nearly enough, it is certainly a good start.

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Have $1,000,000 for a Green Card?

Posted on November 4, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a wealthy businessman and would like to find some expedited way to get into the U.S. Can you let me know if there are other alternatives to the lengthy several year Labor Certification process?

Answer: The Immigrant Investor Pilot Program (“Pilot Program”) was created on October 6, 1992. This is a variation of a program known as the EB-5 Investor Program. The Pilot Program began in accordance with a Congressional mandate aimed at stimulating economic activity and creating jobs for U.S. workers, while simultaneously affording eligible aliens the opportunity to become lawful permanent residents. Through this innovative program, foreign investors are encouraged to invest funds in an economic unit known as a “Regional Center.” A Regional Center is defined as any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. Presently up to 3000 immigrant visas are set aside each year for the Pilot Program. As of June 1, 2004, a total of 26 Regional Centers have been designated by the legacy Immigration and Naturalization Service (INS) and today, the U.S. Citizenship and Immigrations Services (USCIS).

Question: What must I do to get an approval for a Regional Center?

Answer: The basic requirements for Regional Center designation are 1) Applicants must show how their proposed program will focus on a geographic region; promote economic growth through increased export sales, if applicable; promote improved regional productivity; create a minimum of 10 direct or indirect jobs per investor; increase domestic capital investment; be promoted and publicized to prospective investors; have a positive impact on the regional or national economy through increased household earnings; and generate a greater demand for business services, utilities maintenance and repair, and construction jobs both in and around the center.

Question: How much must I invest?

Answer: The capital investment requirement for any EB-5 investor, inside or outside of a Regional Center is $1 million. The capital investment requirement for an EB-5 investor in a Targeted Employment Area (TEA) or a Rural Area (RA) is $500,000. A TEA is a geographic area or political subdivision located within a metropolitan statistical area or within a city or town with a population in excess of 20,000 with an unemployment level at least 150% of the national unemployment rate. A RA is a geographical area that is outside a metropolitan statistical area, or part of the outer boundary of any city or town having a population of 20,000 or less as shown by population indicators. In certain areas involving a sparsely populated state, an approved statewide Regional Center likely encompasses both TEAs and RAs.

Thus, if you can establish the business in a TEA or RA, you will be able to save $500,000 of the investment. If approved, you will get a conditional Green Card which will allow you be a Lawful Permanent Resident. Then within two years you must file a petition to remove the conditional residency. The USCIS wants to make certain that you simply did not put down $1,000,000 and then not actually follow through with your business. However, this is certainly a much faster way of obtaining the Green Card if you qualify.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

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