Latin American Blog : Hispanic Latino Business Lawyers & Attorneys : Sheppard Mullin Law Firm : Cross Border Transactions, Government Contracts

By Albert Lu

EB-5 Investor Visa Basics

Under Section 203(b)(5) of the Immigration and Nationality Act, 10,000 immigrant visas per year are available to qualified individual investors (and accompanying spouse & minor children) seeking to obtain permanent resident "green card" status in the United States on the basis of their qualifying financial investment of at least $1,000,000 (or under certain circumstances $500,000 in defined Target Employment Areas) into a new commercial enterprise in USA, as well as their "management" role within the invested commercial enterprise that will create the jobs and employ at least 10 full-time U.S. workers. 
 

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By Albert Lu

With the right knowledge, business investment vehicle, and strategic planning, most Latin American investors, business owners, executives/managers, and in some cases essential-skill employees with specialized knowledge/training, can come to work and live in the United States based on valid nonimmigrant visas while accompanied by their dependent family members. In some instances, if the long-term business/investment need is present and ongoing, the same persons may in time also pursue employment-/investment- based immigrant options and qualify for lawful U.S. permanent residency status – more commonly known as "green card."  This article is a brief introduction of these visa options and how to pursue them.
 

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By David Chidlaw and  Ruben Escalante

In November 2007, the Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against the Salvation Army because the Salvation Army instituted a policy which required its employees to learn English within a year or else face termination. The EEOC's stance against "language-based" discrimination, is founded upon Title VII's prohibition against "national origin" discrimination.  The implications of such a stance are widespread, given the labor force continues to grow more ethically diverse and employers try to find the proper balance between employee, customer, and management relations. The purpose of this brief article is to provide an overview of the EEOC's current approach to "language-based" discrimination.
 

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