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4月16日 - 2019年H1B抽签结束,同比下降4.5%,是时候准备回国了吗?

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Immigration law news on visas, greencard and citizenship. Find how to get US visas, green cards and citizenship. Immigration CLE Seminars for Lawyers. Immigration Law Books for Attorneys.

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  • August 10 - Pending Cases and Deportations

    August 10 - Pending Cases and Deportations

    Comment: Pending Cases and Deportations Today's Immigration Daily features several items of interest, including articles on the Pending Cases and Deportations etc. Please scroll below to find the item(s) of interest to you. Please let us know your thoughts by writing to editor@ilw.com. Article: Case Study: RFE for Degree from Unaccredited Institution – Overturned! By Sheila Danzig Blogging: New Web Tool Maps Cases Pending in Immigration Court By Matthew Kolken Blogging: Immigration Court Dispositions Drop 9.3 Percent Under Trump By Matthew Kolken Blogging: Trump's Deportations Lower than 2012, 2011, 2010 and 2009 under Obama By Matthew Kolken Focus: India Expo September 11, 2017 - Mumbai, India September 13, 2017 - Ahmedabad, India September 15, 2017 - Delhi, India ILW offers limited EB-5 exhibition opportunities at the Mumbai, Ahmedabad & Delhi Expos Info on India: India saw 43,000 millionaires leave in ten years ending in 2013 - second only to China, and the gap between India and China has been narrowing since then. India was #3 EB5 market in 2016, after China and Vietnam, India will likely overtake Vietnam to #2 spot behind China in 2017. India is fully English speaking country - no translation needed even for official documents. Indian regulatory structures are more robust than China. India source of funds is easier to handle for USCIS as compared to China source of funds. At ILW EB5 expos you will meet with direct investors, and/or with agents/intermediaries from the country and/or a combination of the above (all depending on local law) Format: All Day Expo featuring Exhibit Hall and frequent short seminars.(Speaking Opportunity included) Please bring brochures, PowerPoint presentation, table displays and business cards. Regional Centers - $3,999 per city; Law Firms - $999 per city (Inquire about Discounts and also about Platinum Level) For more information, please call (212)545-0818 or email webmaster@ilw.com or click here. Headline: Canada Builds Camp to House Asylum Seekers Near US Border Click here Headline: Trump's Immigration Agenda Makes a Fundamental Miscalculation Click here Headline: Most Americans Think Legal Immigrants Are Good For The Country Click here Headline: President Trump’s Claim That Low-Skilled Immigration Placed ‘Substantial Pressure’ On U.S. Workers Click here Headline: Private Prisons Are Excited About Trump's Immigration Crackdown Click here...
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  • July 25 - Get Published Fast

    July 25 - Get Published Fast

    Comment: Get Published Fast We have streamlined our article production process. Immigration Daily carries more articles than ever before. What does that mean for you? If you are a writer, it means super-fast turnaround time for the dissemination of your thoughts - typically just one business day. We encourage all who wish to reach an audience among our 35,000+ readers including immigration professionals, journalists, scholars, employers, government officials and immigrants to submit articles to editor@ilw.com. If you are a reader, it means more articles delivered to you in a timelier fashion. Articles are clearly marked "Article: Title by Author" and all you have to do is to click on the links to read the articles. Article: Looking Back — Not Much Immigration Solace from Obama By Angelo A. Paparelli Article: Trump’s H-2B Visa Conflict: How We Can Take Advantage Of It To Gain Broader Immigration Reform By Cyrus D. Mehta Article: Congress Needs to Provide Dreamers with Permanent Protection By Matthew La Corte and Melanie Huettman Article: Asylum Officer Training Materials on "Nexus-Particular Social Group" Released by The USCIS in Response to a Freedom of Information Lawsuit By David L. Cleveland News: US District Ruled that EB5 Investments Are Securities And Orders Immigration Attorney To Pay $2.7 million News: Massachusetts Supreme Judicial Court Rules Against Use of Immigration Detainers Focus: Hot Off The Presses: The EB-5 Book 2016-17 Edition; Editors: Matt Gordon and Sarah A. Schroeder Shipping Now! Specific focus on Enforcement and Compliance. 8 Brand New articles and 3 articles updated from previous edition to cover cutting-edge current developments. Articles by Shae Armstrong, Jeanne Calderon, Michael T. Clark, Laura Danielson, Michael Dunn, L. Batya Schwartz Ehrens, Gary Friedland, Robert P. Gaffney, Adam Gale, Steve Ganis, Sherman Golden, Douglas Hauer, Jennifer Hermansky (Jen), Parisa K. Karaahmet, Mark Katzoff, Lily Li, Brandon Meyer, John Neill, Angelo A. Paparelli, Chun Yun ("Elizabeth") Peng, John Roth, Paul Ruby, Reid Thomas, Robert S. Winner, and Ben Zou. Buy Now! Online: http://www.ilw.com/books/TheEB5Book.shtm or Fax: http://www.ilw.com/books/theeb5book.pdf Headline: H1B visa: US resumes fast processing of some H-1B visa categories Click here Headline: US federal judge blocks potential deportation of more than one thousand Iraqis Click here Headline: Court Officers Can’t Hold People Solely Under ICE Detainers, Massachusetts Justices Rule Click here Headline: Phoenix police chief explains department's new immigration policy Click here Headline: Here is the draft of a new ‘DREAM Act’ that Trump is already rejecting Click here...
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  • June 27 - Instant Immigration News with Twitter

    June 27 - Instant Immigration News with Twitter

    Comment: Instant Immigration News with Twitter Being part of a fast-paced generation, where time is essential and something is happening every second, can be difficult to keep up with. There's a place with millions of people where you can receive the latest events, news, have direct access to media members, public officials, attorneys, law firms, and other internet users who want to communicate with you. This place is Twitter; its users see their popularity increase with each mention and new follower. By using 140 character messages, hash tags, retweets and direct messages you'll be able to connect with potential customers, businesses, friends and reconnect with old ones. Twitter gets you on search engines, group similar tweets together and be listed among other well-known Twitter users. The newsfeed is accessible either on your mobile device or computer and the codes are available for your website. If you've ever wondered how to have access to all these benefits, then all you have to do is join Twitter and when you do, please join over 13,000 people who follow us on Twitter with one simple click to this button. Article: U.S. Supreme Court to Hear Travel Ban Case – Reinstates Partial Ban By Robert J. Blanco and Bernard P. Wolfsdorf Article: Spousal Abuse Cases By Dr. Mark S. Silver Article: H1B RFE? 5 Questions to Find the Right Credential Evaluator By Sheila Danzig Blogging: BALCA Finds Job Duties Outweigh Job Title By Bruce Buchanan Blogging: Return of the Travel Ban By Jason Dzubow Blogging: USCIS Introduces Redesigned Form for Green Card Applicants By Matthew Kolken Blogging: DHS Statement On SCOTUS Decision On Trump's Executive Order By Matthew Kolken Blogging: USCIS Introduces "Extreme Vetting" in New I-485 Adjustment of Status Form. Welcome to the United States of Ideological Purity By Roger Algase Blogging: Supreme Court Hands Trump Pyrrhic "Victory" by Upholding Muslim Ban Only Against People Not Likely to Come to U.S. Anyway By Roger Algase News: DHS Releases Statement on U.S. Supreme Court Decision On Travel Ban News: Attorney General Jeff Sessions Releases Statement on Unanimous Supreme Court Decision News: USCIS Introduces Redesigned Form for Green Card Applicants Focus: The Consular Posts Book 2015-2016 Edition ILW.COM is pleased to announce The Consular Book 2015-16 edition, Coming Soon! The editor is Rami D. Fakhoury and contributing authors are Poorvi Chothani, Steven A. Culbreath, Dharamchand Depoo, Marc Ellis, Vic Goel, Edward S. Gudeon, Magdale Labbe Henke, Frederick W. Hong, Christi Hufford, C. Valerie Ibe, Priscilla J. Jones, Noah Klug, Jose E. Latour, Lesa Lawrence, Adam Lee, Mark Levey, Jakob Lipman, Susan Willis McFadden, Christy Nguyen, Claire D. Nilson, Curtis Pierce, Luis A. Pinilla, Jessica L. Rodriguez, Kristina Rost, Emmanuel S. Tipon, Alice Yardum-Hunter. The table of contents is as follows: The Book Contents: Major Consular Posts: Argentina, Armenia, Australia, Brazil, Canada, China, Colombia, France, Germany, Haiti, India, Jamaica, Nigeria, Philippines, Taiwan, Trinidad and Tobago, United Kingdom, Vietnam. Theory and Practice: Introduction; New Attorney Vulnerabilities in International Practice; Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts; Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul; The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks; Non-Immigrant Classes and Their U.S. Tax Obligations; E-1/E-2 Treaty Traders and Treaty Investors; The Consular Role in L-1 Blanket Petitions; H-1B "Dependent Employees": From Labeling to Lawbreaking; Temporary Assignment of H-1B Employees to Client Work Sites; State Department Name-Checks and Security Advisory Opinions (SAOs); ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces; What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions; A Template for Attorney Risk-Assessment; Resource Materials on CD-ROM For additional information, including author biographies and to purchase, please see: Online By Fax Headline: Why the supreme court's travel ban ruling may not be a win for Trump Click here Headline: Texas' new immigration law is in court Monday. Wh...
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  • January 11 - Top Articles And News For December

    January 11 - Top Articles And News For December

    Comment: Top Articles And News For December Articles Article: Will Trump Be Able To Use Information From DACA Applications In Removal Proceedings? By Nolan Rappaport Article: Fact Sheet: Aggravated Felonies: An Overview By American Immigration Council Article: Is Your Money Of Suspect Origin? By Joseph P. Whalen Blogging: What immigration enforcement measures is the Senate planning to legislate in 2017? By Nolan Rappaport Blogging: OSC Settles Two Immigration-Related Discrimination Claims By Bruce Buchanan News News: House Bill On Continuing Resolution Extends Immigration Programs Including EB-5 Regional Center Program News: DOS Publishes Final Rule Amending Definition of Immediate Family Members as A, C-3, G, and NATO Nonimmigrants News: CRS Report On Supreme Court to Hear Challenge to Aliens' Detention Pending Removal Proceedings News: CRS Report On Barriers Along The U.S. Borders: Key Authorities And Requirements News: Mayors Of Major Cities Urge President-Elect Trump To Continue DACA Program What were your favorite November 2016 Articles and New Items? Share your thoughts by writing to editor@ilw.com Article: Expert Testimony In Immigration Hearings Live And Telephonic Testimony By Dr. Mark S. Silver Article: New Legal Framework for Adjudicating NIW Petitions By Christy Turovskiy, Esq. Article: 5 Things You Need to Know about New Proposed EB-5 Rulemaking By Bernard Wolfsdorf, Esq. and Joseph Barnett, Esq. Blogging: The Harm That Confirmation of Jeff Sessions as Attorney General Can Do to Immigration Law and Due Process By Lory D. Rosenberg Blogging: February 2017 VISA Bulletin: Analysis By Chris Musillo Blogging: OCAHO Finds No Jurisdiction Over Case By Bruce Buchanan News: DHS Publishes Notice of Proposed Rulemaking On EB-5 Immigrant Investor Regional Center Program Focus: The Family Book 2016-2017 Edition ILW.COM is pleased to announce The Family Book 2016-17 Edition, Coming soon! Email webmaster@ilw.com to receive publication notice. For additional information please see: here. Headline: Retired Marine Gen. John Kelly: 'The law will guide me' on immigration, border security Click here Headline: Pol pushes to add immigration status to list of protected classes Click here Headline: D.C. will go ‘beyond sanctuary,’ create legal defense fund for [undocumented] immigrants Click here Headline: County supervisors create a new office that would help immigrants receive assistance Click here Headline: Concerns Over Trump's Take on Immigration: First Fear, Then Resolve Click here Headline: Sessions: Immigration should serve ‘the national interest’ Click here Help Wanted: Immigration Attorney San Diego, CA - Boutique San Diego immigration law office is looking to add an attorney. The firm emphasizes business immigration, while also maintaining an active family based immigration and naturalization practice. The candidate must be able to multi-task, work independently, and maintain a pleasant and professional demeanor with clients and colleagues. Our offices are located in a Class A building in downtown San Diego. Experience in employment based immigration law is preferred, but not required. Please send resume and a cover letter explaining your interest to ...
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  • Nov 2 - The EB-5 Summit Houston

    Nov 2 - The EB-5 Summit Houston

    Comment: The EB-5 Summit Houston - The EB-5 Summit For Attorneys and Developers will be held on Friday, November 16 in Houston, TX. The speakers will be Robert Loughran, Ignacio Donoso, Charles C. Foster, Clifford Morris, John Meyer, and others to be announced. The curriculum is as follows: Morning Session For Investor's Counsel Lawfully Advising on Project Choices 526 Petitions and Source of Funds Issues 829 Petitions and Documenting Job Creation Ethical Considerations in EB-5 Practice (1.0 EPR Credit) Lunch Presentation Afternoon Session For Regional Centers and Regional Center Counsel Economist Panel Economist Issues: TEAs, Job Creation Models, Tenant Occupancy Issues Marketing Projects in Compliance with U.S. Securities Law Developing the 924 Petition Projects, Project Selection and Marketing Experiences From an Established Regional Center Legally and Effectively Marketing Projects Domestically and Abroad For details on curriculum, speaker bios, and registration information, please see: here. For the fax form, see here. Don't delay, act today! This $100 off offer is available only until November 5! This is an abbreviated version of Immigration Daily because we still do not have power at our office. News: USCIS Announces Opening of Six Offices in NY and NJ, Continued Closure of Six News: DOJ Announces New York City and Varick Street EOIR and Immigration Courts Remain Closed; All Others Open News: Supreme Court Oral Argument Transcript Available In Chaidez v. United States, Case on Padilla Retroactivity Today's Obama's Childhood Arrivals Promise Graph Focus: INA And CFRs Under Ten Bucks - ILW.COM is pleased to offer the latest, completely revised 2011-2012 editions of Patel's Immigration Law Library on Kindle. This collection includes the essential reference resource The WHOLE Act, The INA (Annotated) (http://www.ilw.com/books/thewholeact-ina.shtm), used by DHS officials, federal court libraries, and veteran immigration practitioners. Once you have used this best indexed version of the INA, you will wonder why you ever used any other! This collection also features the fully indexed 8 CFR (http://www.ilw.com/books/8cfrplus.shtm) and fully indexed 20/22/28 CFR (http://www.ilw.com/books/20-22-28cfrplus.shtm). You do not need to have a Kindle device to read these books - You can read them on your computer by downloading the free Kindle program from Amazon or on your smartphone by downloading the free Kindle App. These high-quality immigration law reference books are now available at the cheapest price on the market - $9.99 each. Buy them all today! Headline: Immigrant’s detainment sparks outcry in New Haven Click Here Headline: Activists Urge Latinos in Arizona to Oust Sheriff Who Pushed DeportationsClick Here Headline: Innovative Immigrants: without commercial or family ties, they r better prepared to play the innovator’s roleClick Here Headline: What do you think abt Sergio Romo, Giants pitcher, wearing "I just look illegal" t-shirt? seen here Is this the right messaging? Headline: Romney is best bet for Hispanics: who thinks comprehensive reform can pass Congress without R...
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  • Expanded List of STEM Eligible Degrees Announced by Sheela Murthy et al.

    Expanded List of STEM Eligible Degrees Announced by Sheela Murthy et al. The U.S. Immigration and Customs Enforcement (ICE) recently expanded the list of approved degree programs that are eligible for the 17-month Optional Practical Training (OPT) extensions. The ICE announcement is available online. Background: Basics of STEM Extensions In April 2008, the U.S. Department of Homeland Security (DHS) created a new program allowing certain students to obtain extensions of the standard 12-month OPT period. Under the new provisions, students completing designated science, technology, engineering, or math (STEM) programs become eligible for a 17-month OPT extension. OPT is normally authorized for a maximum of 12 months after completion of a post-secondary degree program. Graduates of STEM-approved degree programs can file for an additional 17 months, for a total OPT period of 29 months. According to ICE guidance, each student is eligible for only one 17-month STEM extension. To implement the new program, ICE created a list of degree programs qualified for the extended OPT period. The original STEM degree list was expanded on May 12, 2011. The new list of expanded STEM degree programs is available online. New Computer and Engineering Degrees Added The updated list of eligible STEM degrees includes a number of new computer and engineering degrees. Many of these degrees are designated with the term "other." This is a catch-all designation within various fields of study to include programs that would not fit within any of the more specific designations. These degrees are: Computer and Information Sc...
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  • October 18 - More Mileage For Your Articles
    ImmigrationDaily
    Comment: More Mileage For Your Articles Immigration Daily is always looking for articles written for immigration law professionals. If you are a writer, it means super-fast turnaround time for the dissemination of your thoughts - typically just one business day. We encourage all who wish to reach an audience among our 35,000+ readers including immigration professionals, journalists, scholars, employers, government officials and immigrants. If you have already written an article (for your website/blog or another publication), republishing it in Immigration Daily gives you additional milege for the work you have already put in, by giving you added circulation and impact. Send your articles to editor@ilw.com. Article: FAQs on Litigating an EB-5 Petition Denial By H. Ronald Klasko Article: Disarray in Baltimore Immigration Court Is Emblematic of Systemic Issues By Katie Shepherd Article: Early Withdrawal of EB-5 Capital with Patrick Hogan By Hermione Krumm, Esq. Blogging: Will the Trump-Miller attempts to make America whiter by reducing legal immigration backfire, as similar attempts have in the past? By Roger Algase News: USCIS Reissues Receipt Notices for Extensions of Conditional Permanent Resident Status Focus: Hot Off The Presses: The EB-5 Book 2016-17 Edition; Editors: Matt Gordon and Sarah A. Schroeder Shipping Now! Specific focus on Enforcement and Compliance. 8 Brand New articles and 3 articles updated from previous edition to cover cutting-edge current developments. Articles by Shae Armstrong, Jeanne Calderon, Michael T. Clark, Laura Danielson, Michael Dunn, L. Batya Schwartz Ehrens, Gary Friedland, Robert P. Gaffney, Adam Gale, Steve Ganis, Sherman Golden, Douglas Hauer, Jennifer Hermansky (Jen), Parisa K. Karaahmet, Mark Katzoff, Lily Li, Brandon Meyer, John Neill, Angelo A. Paparelli, Chun Yun ("Elizabeth") Peng, John Roth, Paul Ruby, Reid Thomas, Robert S. Winner, and Ben Zou. Buy Now! Online: http://www.ilw.com/books/TheEB5Book.shtm or Fax: http://www.ilw.com/books/theeb5book.pdf Headline: Trump threatens military action if Mexico doesn't stop immigration 'onslaught' Click here Headline: ICE forced to release illegal immigrants ‘out of the front door’ in Arizona amid space crunch, migrant surge Click here Headline: Trump: I can’t fix the immigration problem, so Republicans should demagogue it instead Click here Headline: Midterm election voters can decide abortion, marijuana, immigration issues: 10 ballot measures to watch Click here Headline: Trump administration to propose major changes in H-1B visas Click here Help Wanted: Immigration Paralegal Ridgewood and Somerville, New Jersey - Growing Int'l Immigration Law Practice seeks multiple Paralegals and Immigration Law Specialists for NEW JERSEY offices in RIDGEWOOD and SOMERVILLE. Essential Responsibilities consist of preparation of a wide variety of business-based nonimmigrant petitions (H-1B, H-3, TN, E, J-1, L-1 and O-1). Assist corporate clients with PERM and RFEs. Assist with applying for work visas with U.S. consular offices. Work closely with clients to provide comprehensive immigration law services, including responses to applications, RFEs, interviews and compliance. Maintain electronic records of immigration forms and other documentation. Review immigration regulations. Perform research. Education and/or Experience: Required: BA/BS with strong academic credentials; Proficient at Microsoft Office Applications and Adobe Acrobat; Writing sample a must; Minimum of 2 to 4 years of experience with the corporate business immigration preferred. Preferred: Paralegal Certificate and Foreign Language. Other Skills and Abilities: Keen ...
    10-18-2018, 02:48 PM
  • 10月18日 - 美移民体检表有效期延至两年 11月起实施
    ImmigrationDaily
    今日亮点: 美移民体检表有效期延至两年 11月起实施 美移民体检表有效期延至两年 11月起实施 ; 美国法庭为何突然取消9000个遣返案 ; 特朗普威胁召集军队关闭美墨边境 称有4000移民车队正逼近 ; 洪都拉斯移民大军惹怒特朗普 外媒:该国或向中国靠拢 。中文移民日报面向对美国移民新闻及信息感兴趣的所有华人,欢迎您发送评论或文章至editor.chinese@ilw.com 文章(英文): 关于诉讼EB-5申请被拒的常见问题解答 作者: H. Ronald Klasko 头条: 美移民体检表有效期延至两年 11月起实施 点击这里 头条: 美国法庭为何突然取消9000个遣返案 点击这里 头条: 特朗普威胁召集军队关闭美墨边境 称有4000移民车队正逼近 点击这里 头条: 洪都拉斯移民大军惹怒特朗普 外媒:该国或向中国靠拢 点击这里 广告与合作 移民日报诚邀服务于美国华人社区的公司(团体)展开合作,刊登广告, 请发邮件至webmaster.chinese@ilw.com 每周信件:如果您对移民日报的推送内容有任何观点或疑问,欢迎发送您的信件至editor.chinese@ilw.com An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2017 American Immigration LLC, ILW.COM. Send correspondence and articles to editor.chinese@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM. 重要的免责声明!本网页所提供的信息并不是法律建议。信息的传送与读者的接收并不因此创造或形成律师与委托人
    10-18-2018, 02:48 PM
  • News: USCIS Reissues Receipt Notices for Extensions of Conditional Permanent Resident Status
    ImmigrationDaily
    USCIS Reissues Receipt Notices for Extensions of Conditional Permanent Resident Status On Oct. 16, 2018, USCIS began issuing new receipt notices for certain Forms I-751, Petition to Remove Conditions on Residence, to replace previously issued receipt notices containing inaccurate information. In August 2018, USCIS issued receipt notices for certain pending Form I-751 petitions to extend conditional permanent resident (CPR) status from 12 months to 18 months. These receipt notices were issued to provide an additional six months of CPR status to the I-751 petitioners while they continue to wait for their petition to be adjudicated. Some of the receipt notices contained incorrect information that does not affect the extension of the of the CPR status. Petitioners who received incorrect receipt no...
    10-18-2018, 02:40 PM
  • Article: Early Withdrawal of EB-5 Capital with Patrick Hogan By Hermione Krumm, Esq.
    ImmigrationDaily
    Early Withdrawal of EB-5 Capital with Patrick Hogan EB-5 Investment Voice Mona Shah & Associates Global Podcast Series by Hermione Krumm, Esq. With the ever-increasing visa backlog for certain countries, in particular China, EB-5 investors are unwillingly seeking an early withdrawal from their EB-5 project. But is an early withdrawal allowed from a legal and business perspective? When is the right time for the EB-5 capital be withdrawn from the project? To address this very important and current issue, in this EB-5 episode, which marks the 70th podcast in the EB-5 Investment Voice series - the only Podcast series that focuses on the US immigrant investor visa, EB-5 and foreign direct investment, Mona Shah, Esq. joins hands with Patrick Hogan, to explain why an investment in the program must be both sustained and at-risk, in particular, the consequences of breaking an EB-5 contract and how returning one investor’s money puts all of the project’s contributors at risk. Patrick Hogan, the founder and CEO of CMB Regional Centers, has been involved with EB-5 since the program’s inception in 1993, before the Regional Center Program was launched. He is known as the “Titan” of EB-5 because of his experience and accomplishments with EB-5 projects and investor approvals, collecting a t...
    10-18-2018, 02:36 PM
  • Article: FAQs on Litigating an EB-5 Petition Denial By H. Ronald Klasko
    ImmigrationDaily
    FAQs on Litigating an EB-5 Petition Denial by H. Ronald Klasko Our firm is frequently retained to challenge a petition denial in federal court, whether EB-5 or other immigrant petition. This blog is intended to dispel some myths of litigation and to clarify some of the basic information that our clients should know when litigation is the best or only option. Q. Can all EB-5 petition denials be litigated in federal court? A. The answer is yes for I-526s and I‑924s. The answer is also yes for regional center terminations. The answer is more complicated for I-829s. As discussed below, in most cases, I-829s must be renewed before an immigration judge in removal proceedings rather than appealed directly to federal court. Q. Is it necessary to file an appeal with the AAO before proceeding to federal court? A. No. For all EB-5 petitions, there is no mandatory administrative appeal. As such, Supreme Court precedent, holds that an investor or regional center can file a declaratory judgment in federal court without proceeding through the AAO appeal route. Q. Even though it is not necessary to appeal to the AAO, is it usually advisable? A. In my opinion, no. In the EB-5 space, the AAO is mostly a policy arm of the IPO. The percentage of EB-5 appeals overturned by the AAO is small. In addition, the AAO experiences lengthy delays. In my experience, the best chance of getting a positive result – – and getting it in a reasonable period of time – – is in federal court. Q. Is it advisable to file a motion to reopen a denied decision before appealing to federal court? A. The answer depends on how good the administrative record is. If there is a very complete administrative record, including where appropriate one or more expert opinions, a motion to reopen is more likely to be harmful than beneficial. The reason is that a motion to reopen usually produces a more thorough and well-reasoned denial decision than the original decision issued by the adjudicator. It is always preferable to go to federal court challenging a poorly reasoned, poorly written and often inaccurate decision. In rare instances, if a motion to reopen is accompanied by new and previously unavailable evidence, it may result in the decision b...
    10-18-2018, 02:15 PM
  • Article: Disarray in Baltimore Immigration Court Is Emblematic of Systemic Issues By Katie Shepherd
    ImmigrationDaily
    Disarray in Baltimore Immigration Court Is Emblematic of Systemic Issues by Katie Shepherd Overwhelmed immigration courts and massive court backlogs have long been a nation-wide problem . Hearings are regularly scheduled years in advance—in some jurisdictions, judges are scheduling hearings into 2022. This means that many immigrants are held in limbo for years, unable to move forward, while living with the uncertainty of whether or not they will be permitted to stay in the United States or ordered to leave. The Baltimore Immigration Court is no exception. A confidential report leaked to VICE News last week, authored by a court administrator at the request of the Office of the Chief Immigration Judge, details findings from a review conducted November and December 2017. According to the report, the number of sitting judges in the Baltimore Immigration Court fluctuates between four and five, yet the caseload continues to grow. While Congress has provided increased funds for the immigration court system over the last couple years, that funding has paled in comparison to increased funding for immigration enforcement. This imbalance has left the courts unable to handle the hundreds of thousands of new cases added to the dockets every year. The Baltimore Immigration Court—the only immigration court in Maryland—has the “fastest-growing backlog,” with more than 34,000 pending cases. The report found that, between 2014 and 2017, the court lost seven full-time permanent employees, yet the Baltimore Immigration Court caseload nearly quadrupled. Hiring more judges is not the solution—at least, not without first ensuring that the judges can maintain their own integrity and independence in addition to due process for the immigrants appearing before them. Further, Congress should establish a separate court system, which is independent of the executive branch in the form of an Article 1 Court, to ensure both judicial independence and due process. The dire need within the Baltimore immigration Court is not limited to the overworked judges. According to the report, “[t]he court’s office had no Spanish speakers on staff, even though 84 percent of its cases involved a respondent who only spoke Spanish. The equipment in the office was dated and often nonfunctional.” The Court had only two copiers, and, the report notes, “there have been literally days when the Court ...
    10-18-2018, 02:07 PM


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