What Business Visa is Best For You

Almost every week I consult with potential foreign clients interested in doing business in the United States. They usually come to me having done some research on the internet with the plan to apply for a particular visa. But, after a few minutes we realize that the visa is completely inapplicable for what they want to accomplish.

I have prepared a summary of the business visas and posted it on my law firm website at http://www.tuckerludin.com/practice-areas/immigration/doing-business-in-the-u-s/ . If you are interested in opening a business in the United States, you must first ask yourself a) do you want to immigrate and eventually become a US citizen and b) how much can you invest in your new business venture? The answer to those questions will ultimately control which visa path you pursue.

Feel free to call me at 727-572-5000 or contact me through my website at www.tuckerludin.com if you would like more information about business visas.

How the Political Parties Stand on Immigration Issues

If you are interested in immigration issues in the United States, you should be wondering where the Republican and Democratic parties stand on these matters.  The American Immigration Lawyers Association (AILA) was kind enough to compile the major points of each Party’s platform that relate to immigration. Here are some of the highpoints:

The Republican Party Platform on Immigration

• Supports the rule of law and opposes any form of amnesty.
• Top priority is security at borders and ports of entry to prevent drug trafficking, illegal immigration, and terrorism. Calls for completion of the double-layered fencing on the southern border
• Supports “humane procedures to encourage illegal immigrants” to leave the U.S. Supports increased enforcement against overstays.
• Opposes the current administration’s 2012 policy of granting deferred action to certain individuals who came to the U.S. as children.
• Supports tougher penalties for ID theft, human trafficking and for those who deal in fraudulent documents.
• Supports long-term detention of those who cannot be deported to their country of nationality.
• Supports use of the 287(g) cooperation agreements with states and localities.
• Opposes the Obama administration’s “assaults on state governments” on immigration. Opposes the ongoing Department of Justice litigation against state immigration laws.
• Calls for denying federal funding to “sanctuary cities” and to universities that offer in-state tuition rates to illegal immigrants.
• Supports making E-verify mandatory nationwide. Supports state immigration enforcement efforts in the workplace.
• Supports making the SAVE program mandatory. SAVE verifies the lawful presence of applicants for State or federal government entitlements or IRS refunds.
• Calls for English as the nation’s official language.
• Supports granting more visas to holders of advanced degrees in science technology, engineering and math fields.
• Willing to consider a guest worker program to meet labor needs.

The Democratic Party Platform on Immigration

• Supports comprehensive immigration reform with the following components: bring undocumented immigrants out of the shadows and require them to get right with the law, learn English, and pay taxes in order to get on a path to earn citizenship; and create a system for allocating visas that meets the nation’s economic needs, keeps families together, and enforces the law.
• Supports the DREAM Act and continuing to provide deferred action to undocumented people who came to the U.S. as children.
• Plans to hold employers accountable for whom they hire.
• Prioritizes enforcement against criminals who endanger communities instead of immigrants who do not pose a safety threat.
• Supports family reunification as a priority. Supports the current administration’s streamlining of the process of legal immigration for immediate relatives of U.S. citizens and the enhanced opportunities for English-language learning and immigrant integration.
• Supports continued litigation to oppose state enforcement laws that interfere with federal immigration law.
• Supports inclusion of lesbian, gay bisexual, transgender relationships in the definition of family in immigration policy to protect bi-national families threatened with deportation.
• Asserts that the southwest border is more secure than at any time in the past twenty years, unlawful crossings are at a 40-year low, and that the Border Patrol is better staffed than at any time in its history.

If you have any questions about immigration issues and how they affect you, call the lawyers at Tucker & Ludin at 727-572-5000 or contact us through our website at www.tuckerludin.com

Do You Need to Hire an Attorney to File a Deferred Action Petition?

President Obama's executive order on deferred action is now a reality. Effective August 15, 2012, the United States Citizenship and Immigration Service (USCIS) began accepting applications for deferred action and work permit requests from undocumented young immigrants.

Are you one of the undocumented young immigrants? If so, you are probably wondering if you should file a petition yourself or hire an attorney. You are probably thinking that attorneys are expensive and you are wondering how difficult could it be to file the petition without a lawyer.  But, before you make a decision consider what the stakes are if you make a mistake. Filing for deferred action is much more than answering a few easy questions on a form. The smallest error could be devastating. Read the article I posted on the website of Tucker & Ludin at http://www.tuckerludin.com/practice-areas/immigration/deferred-action-for-young-illegal-immigrants/

If you are interested in filing a deferred action petition, I encourage you to call the immigration attorneys at Tucker & Ludin at 727-572-5000 or e-mail me at Ludin@tuckerludin.com

Our offices are located in Clearwater Florida. However, we can assist you anywhere in the United States and would be pleased to arrange a consultation by telephone or skype if you cannot come by the office.

Announcement of Free Community Informational Forum on Deferred Action For Young Illegal Immigrants

On October 14, 2012 at 4 pm, the Clearwater, Florida law firm of Tucker & Ludin will hold a free forum, open to the public, on President Obama's executive order on deferred action for young illegal immigrants. Space is limited.

For details about the forum and deferred action, go to http://www.tuckerludin.com/practice-areas/immigration/deferred-action-for-young-illegal-immigrants/

Space is limited, so you must call 727-572-5000 and reserve a space if you wish to attend or else contact Tucker & Ludin through the website  www.tuckerludin.com

Why Immigration Is Good For America

I am often asked why I decided to become an immigration lawyer. The answer is simple: I receive tremendous satisfaction representing foreigners interested in starting a new life in the United States. These courageous people are leaving their lives behind, taking great risks, all with the dream that their children will have a better life in a new country.

But what makes immigration law even more satisfying is the knowledge that what I do is helping to  strengthen our economy.  Here are ten reasons why immigration is good for our country:

1)  Immigrants start businesses.  According to the Small Business Administration, immigrants are 30% more likely to start a business in the U.S. than non-immigrants.

2)  Immigrant owned businesses create jobs for American workers. According to the Fiscal Policy Institute, small businesses owned by immigrants employed an estimated 4.7 million people in 2007 and these small businesses generated more than $776 billion annually.

3)   Immigrants are more likely to create their own jobs. According to the U.S. Department of Labor, 7.5% of the foreign born are self-employed compared to 6.6 percent of the native born.

4)   Immigrants develop cutting-edge technologies and companies. According to the National Venture Capital Association, immigrants have started 25 percent of public U.S. companies backed by venture Capital investors. This list includes Google, eBay, Yahoo!, Sun Microsystems, and Intel.

5)   Immigrants are our engineers, scientists, and innovators. According to the Census Bureau, despite making up only 16 percent of the resident population holding a bachelor's degree or higher, immigrants represent 33% of engineers, 27% of mathematicians, statisticians and computer scientists, and 24 % of physical scientists in the U.S.

6)   Immigration boosts earnings for American workers. Between 1990 and 2004, increased immigration was correlated with increasing earnings of Americans by 0.7 percent and is expected to contribute to an increase of 1.8 percent over the long-term according to a study by the University of California at Davis.

7)   Immigrants boost demand for local consumer goods.

8)   Immigration reform legislation reduces the deficit. According to the nonpartisan Congressional Budget Office, under the 2010 house-passed version of the DREAM Act, the federal deficit would be reduced by $2.2 billion over ten years because of increased tax revenues.

9)   Immigration reform creates jobs. Immigration reform could support and create up to 900,000 new jobs within 3 years of reform from the increase in consumer spending, according to the Center for American Progress.

10)  Comprehensive immigration reform would increase America's GDP. The nonpartisan Congressional Budget Office found that even under the low investment assumptions, comprehensive immigration reform would increase GDP by between 0.8 percent and 1.3 percent from 2012 to 2016.


We are a nation of immigrants. Our greatness is closely linked to our diversity and the great contributions made by the immigrants permitted to legally relocate here. At Tucker & Ludin, we are proud of our work in immigration.  If you are interested in learning more about your immigration options, call me at 727-572-5000 or e-mail through our website at http://www.tuckerludin.com/practice-areas/Immigration/

Warning of New Telephone Scam

The law firm of Tucker & Ludin has learned about a new telephone scam directed at aliens. The caller will claim to be from the United State Citizenship and Immigration Services (USCIS) and demand money be wired in order to clear up a "discrepancy".  For details about this, check out my blog at my firm's website: http://www.tuckerludin.com/2012/07/21/warning-about-new-telephone-scam-directed-to-foreigners/

Does a Playmate Have Extraordinary Ability?

If you want to be a U.S. citizen, one of the quickest ways to do it is to convince the United States Citizenship and Immigration Service (USCIS) that you have extraordinary ability, are an outstanding professor or researcher, or are a multinational manager or executive. Since it is presumed that people who fit in these classes can make a positive impact on our national economy, there is no waiting time for issuance of these visas known as EB-1. These are the first preference employment based immigration visas.  This means that if you are awarded this visa, you can enter the U.S. as an immigrant and immediately qualify for a green card which can lead to naturalization.

The EB-1 visa has traditionally been thought of as the visa for Nobel prize winners. But, you really do not need that prize to qualify.

But, before you consider applying for an EB-1 because you have extraordinary ability as a world champion hot dog eater, know that the ability must be in science, arts, education, business, or athletics through sustained national or international acclaim. I doubt the hot dog champion qualifies, but it may be worth trying.

Recently, some people have been creative with their EB-1 applications and have succeeded in convincing the USCIS of their extraordinary ability.  According to a recent Reuters column, Shera Bechard, a Canadian born Playboy magazine Miss November 2010, started an online photo-sharing rage called “Frisky Friday”.  Her work enables attractive, scantily clad women, to post pictures of themselves on Fridays, with Playboy selecting a weekly winner.  This successful venture plus her “modeling” work with Playboy and some acting work was sufficient to persuade the USCIS that Ms. Bechard qualified as person deserving of the EB-1.

The EB-1 is not necessarily for the genius. It can be a path to citizenship for anyone who has risen to the top of their field of endeavor and sustained national or international acclaim.  In some instances, the EB-1 can be awarded to someone who cannot qualify for the more popular, and limited, HB-1.

If you are interested in immigrating to the U.S., call the immigration lawyers at Tucker & Ludin law firm at 727-572-5000 or contact us through our website at www.tuckerludin.com