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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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  • Aug 30 - A Whole New EB5 World

    Aug 30 - A Whole New EB5 World

    Comment: A Whole New EB5 World Regs are real · All current exemplars expire on November 21st. All current TEA designations expire on November 21st · Due to above, 95% of projects currently in market will be gone on November 21st. Rural EB5 projects will dominate the EB5 market after November 21st, and may be the ONLY projects in the market after November 21st · Litigation against Regs has no realistic chance for success. Congress will not get to DHS appropriations bill (where EB5 language could be considered) until early 2020 · Conclusion from above: EB5 industry has to live with the new Regs until Congress is ready to consider remedies (perhaps in 2022 or later) Reality of projects today · Every project is reporting palpable and substantive interest from throughout the world, with most reporting multiple incoming wires at a brisk pace. Projects which were struggling to get investors in the first half of 2019 are suddenly within striking distance of completing raises due to recent wires received. Many new projects are being readied for the market, and will hit the market in September · The biggest surge is from India, with India retrogression likely to cross 10 years after the surge is over, causing the overseas Indian EB5 market to be gone after November 21st for a decade or more, until the Indian economy grows much bigger (India is still a poor country, China is not). There is a large surge from China, which will likely make China retrogression 25 years or worse – so those taking on Chinese infants as investors today may be setting themselves up for prolonged litigation (DOS long term projections for China are underestimates). With surges in investment currently from Taiwan, Brazil and Korea, all 3 countries may retrogress after November 21st · Increase from $500k to $900k will NOT immediately result in decrease in EB5 backlogs, since the existing investors as of November 21st will have to go through the 10,000 annual visa bottleneck first, before backlogs can be reduced. Presuming investment craters 90% after November 21 st, backlogs will begin to come down after 5 years for Vietnam, Korea, Taiwan and Brazil, after 10 years for India, and after 15 years for China. So the EB5 market will recover in a decade, but expecting immediate relief due to increase in investment amount is not realistic · Therefore, 90% of the EB5 securities distribution network will be knocked out after November 21st, and with it, almost all of the relationships built within the EB5 industry over a decade will be gone. It is difficult to say what the new EB5 market will look like after November 21st – our guess is that (i) the market will be down 90% for the first year or more; (ii) only rural projects will get traction; and (iii) new nations (Thailand??) will be the hot locations · Conclusion from above: Make hay while the sun shines – Projects (except rural projects) would be wise to put all their eggs in the pre-November 21 st basket, and suspend all other activities now and focus solely on getting as much investment as possible before the curtain comes down on November 21st Reality of investors today · During August 2019, ILW conducted 12 events in USA, and 13 events in India. The attitude of investors has dramatically changed – most attendees seem to be of the view: “I HAVE to make a decision NOW – not making a decision today IS a decision” (panic crowds have not yet materialized, the quantity of investors at our events is about the same as before the Reg). In consequence of the above, decision making time for investors at our events has shrunk from months to weeks Projects would be well advised to consider our direct-to-investor events in India and USA in September, still leaving enough time for Source of Funds to be completed for filing before November 19th. Article: Federal Court Rules Detained Immigrant Children Must Receive Clean Water, Edible Food, and Soap By Katie Shepherd Article: Corporate Corner: Clouds on the H-1B Horizon – New Developments & Employer Tips By Wolfsdorf Rosenthal Blogging: Trump's anti-Muslim immigrant fascism Part 2: Barring Palestinian Harvard student allegedly for friends' "anti-US" posts draws civil rights condemnation; deserves investigation as misconduct, abuse of power By Roger Algase News: Changes to Direct Filing Addresses for Certain H-1B Form I-129 Petitions Focus: ILW EB5 Expos in September U.S. and India H1B TO EB5 EVENTS IN THE US US WEST US WEST Aug 5 Seattle, WA SOLD OUT Sept 3 Seattle, WA SOLD OUT Aug 6 San Jose, CA Sept 4 Portland, OR Aug 7 Los Angeles, CA Sept 5 San Jose, CA Aug 8 Phoenix, AZ Sept 6 San Diego, CA US EAST US EAST Aug 13 Boston, MA SOLD OUT Sept 11 Boston, MA 2 Seats Available Aug 14 Philadelphia, PA Sept 12 NYC Metro Area Aug 15 Washington DC Sept 13 Raleigh, NC Aug 16 Atlanta, GA Sept 14 Atlanta, GA US CENTRAL US CENTRAL Aug 21 Detroit, MI SOLD OUT Sept 19 Detroit, MI Seats Available Aug 22 Chicago, IL Sept 20 Minneapolis, MN Aug 23 Dallas, TX Sept 21 Dallas, TX Aug 24 Houston, TX Sept 22 Austin, TX EB5 EVENTS IN INDIA SOUTHERN INDIA Aug 12 & Aug 13 Hyderabad ...
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  • 8月9日 - 美200多名市长要求参院批准枪支管制法案

    8月9日 - 美200多名市长要求参院批准枪支管制法案

    今日亮点: 美200多名市长要求参院批准枪支管制法案 美200多名市长要求参院批准枪支管制法案; 美10年来最大抓捕移民行动 却为这个原因释放300人; 美媒:特朗普打算绕过国会下令冻结对外援助资金; 多国发布赴美旅行警告! 欢迎投稿或发送您的任何建议和意见至editor.chinese@ilw.com。 文章(英文): 通过有用,可操作的内容触达商业客户 作者: Larry Bodine 头条: 美200多名市长要求参院批准枪支管制法案 点击这里 头条: 美10年来最大抓捕移民行动 却为这个原因释放300人 点击这里 头条: 美媒:特朗普打算绕过国会下令冻结对外援助资金 点击这里 头条: 多国发布赴美旅行警告! 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间的法律关系。读者不可在没有咨询专业律师之前,即根据本网页的讯息而有...
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  • Jul 2 - Imminent EB5 Regulation

    Jul 2 - Imminent EB5 Regulation

    Comment: Imminent EB5 Regulation

    OMB has concluded its review of the long awaited EB-5 rule (increasing investment amounts and changing TEA definition). Here is the link to the official announcement at OIRA/OMB: https://www.reginfo.gov/public/do/eoDetails?rrid=128858 The review was completed on June 27, and USCIS has the rule as of June 28 to publish it in the Federal Register as a Final Regulation. Here are the highlights: OMB decided that this was not a major rule. OMB decided that regulatory flexibility analysis was required - OMB also decided that small business impact analysis was required. Both these analyses have now been completed. OMB has sent the rule to the agency with the action "Consistent with Change", see meaning of which below. The rule has been sent to the USCIS to be published in the Federal Register. OMB made changes to the rule as sent by USCIS to OMB (USCIS likely made changes to the proposed regulation in response to the hundreds of comments received a couple of years ago). Nobody knows whether the changes (by USCIS and/or OMB) were merely editorial or substantive--they could be either or both. However, what *IS* known is that the rule is on the way to the Federal Register for publication as a final rule. See the flowchart of the OIRA regulatory review process below. We are not sure whether anything can stop the publication of this rule at this stage. Only six people might be able to stop it: The acting director of USCIS, the acting director of DHS and the President plus three presidential advisers who have been influential on President's immigration policy. However, it is unlikely if any of them will stop the publication of this rule at this juncture. 1. Acting Director of USCIS: Acting director of USCIS will need to sign off on the rule--that is part of the process of sending the final regulation to the Federal Register. There is no scope for any external input at this stage--it is purely an internal USCIS process. We have talked to two individuals who were involved in the rule making procedure in USCIS, and both independently confirmed this. 2. People directly upward in the chain of command of the acting Director of USCIS. This would be Acting Secretary of DHS. Unfortunately, USCIS is only a small part of the responsibilities of the DHS Secretary. EB5 does not even register on the priorities at the level of Secretary of DHS--so any intervention at this level is highly unlikely. 3. President: The President is always busy and has many demands on his time--again this is too small a matter to attract his attention. 4. Other than the official channels above there are three more individuals who can stop this regulation. The first of these is Steven Miller. However, it is implausible that Mr. Miller will intercede given that his stance has been fairly consistently anti-immigration. 5. & 6. Jared Kushner and Ivanka Trump are much more accessible than all the people above. Mr. Kushner in particular as a developer, is likely to understand the point of view of other developers intuitively. He and Ivanka have repeatedly shown the ability to swerve President Trump's immigration policy with a whisper in his ear. Once this rule has been published, we expect there to be a grace period of 30, 45, or 60 days in the published rule. During this grace period we expect 4,000+ investments to be made--half of which will come from Indians. ILW plans to conduct a dozen H1B to EB5 events in US and two dozen EB5 events in India during the 3 weeks following the publica...

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  • Jun 14 - Deception by DOS

    Jun 14 - Deception by DOS

    Comment: Deception by DOS We have argued previously that DOS projections are based on bad data and bad methods. See here and here . The most dramatic example of the consequences of serious limitations of DOS projection data/methodology is Visagate in 2007, which affected hundreds of thousands of immigrants. The EB5 Industry will soon make a case to Congress for additional numbers for EB-5 visas. To do so, the industry will likely use recent DOS projections. These projections may be read into the Congressional Record, and Congress may ask DOS officials to testify on the numbers under penalty of perjury. Numbers from DOS affect the lives of hundreds of thousands of individuals--it is only fair that those making the projections be ready to stand behind them under penalty of perjury, and fully defend their methodology to Congress. DOS's current disclaimers are woefully inadequate, because they do not identify the limits of USCIS data, and attempt to paper over the problems with the data by using terms such as "DOS estimates". Any estimate is only as good as the data it is based on, and not identifying the unreliability of the data one is basing one's estimates on is disingenuous. An example of the methodological problem with DOS projections is that DOS assumes that the demand from the rest of the world remains constant. If demand in second tier EB5 countries like Brazil, Korea and Taiwan were to double in the next two years, the waiting time for Chinese investors would skyrocket from 16.5 years to perhaps 25 years. As demand from rest of the world is a material factor shaping waiting times, simply a disclaimer stating that it is not accounted for in order to simplify DOS's calculations gives DOS's projections a deceptive sense of accuracy. Doing projections under such circumstances requires complex mathematical tools like Monte Carlo simulations, application of Game theory, and the results would be in form of alternate scenarios rather than a single number. DOS has no business suggesting pin-point accuracy and then hiding behind disclaimers, which disclaimers are deceptive, since pin-point accuracy is not methodologically possible. The entire US immigration system is grinding to a halt as is evidenced by estimated wait times of perhaps 125 years for FB4 for Philippines, perhaps 150 years for EB2 in India and perhaps 25 years for EB5 in China. There is nothing special about EB5 in China grinding to a halt. Let us not compound the already existing problem of long waiting times by adding a layer of deceptive official projections by DOS. Article: H-1B RFE Case Study: Expert Opinion Letter from Professor of Computer Sciences Denied By Sheila Danzig Blogging: Visa Bulletin For July 2019 By Carl Shusterman Blogging: July Visa Bulletin – Why You Need To Take Action Now! By Carl Shusterman Blogging: New USCIS director Cuccinelli's horrendous record of bigotry signals Trump's intention to end legal immigration as we know it By Roger Algase News: USCIS Provides Class Notice on Case Involving Special Immigrant Juveniles Filed After Applicant Turned 18 News: USCIS Releases Updated Procedures for Asylum Applications Filed by UACs News: U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel Card Program Regulations Focus: H1B to EB5 Exhibition/speaking opportunities for our next round of H-1B events are available. Please see below for our current H1B to EB5 Expo schedule: San Jose, CA - Monday, July 1 ( 2 Seats Available ) Atlanta, GA - Wednesday, July 3 ( 4 Seats Available ) NYC/Edison, NJ - Friday, July 5 ( 4 Seats Available ) Format: Half Day Event for Indian H-1Bs considering EB-5 Option (Speaking Opportunity included) Please bring brochures, PowerPoint presentation, table displays and business cards. Special Note for Attorneys: This event will feature two immigration attorney panels solely on immigration law matter...
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  • MAJOR VICTORY: L-1A APPROVAL THROUGH FEDERAL COURT ACTION

    MAJOR VICTORY: L-1A APPROVAL THROUGH FEDERAL COURT ACTION

    As the Lead Counsel in Add Chapter Design LLC v. Nielsen et al, 1:18-cv-06254, I am glad to share that after months of legal battle with the Department of Homeland Security (DHS) and other related parties in the United States District Court for the Northern District of Illinois, United States Citizenship and Immigration Services (USCIS) decided to approve our client’s previously denied L-1A extension petition.  Just when we were gearing up to file a Summary Judgement Motion against the Defendants, USCIS decided to reopen and reconsider its previous denial decision and e-mailed us an electronic approval notice.  To our surprise, it all happened in just one day—as if lightning struck the slow moving and resistant turtle and transformed it into an agreeable rabbit!   Though I am extremely happy to report this success achieved through Federal District Court action, I am disappointed sharing how this was handled by the Defendants, including DHS, represented by the Office of Immigration Litigation (OIL) within the Department of Justice (DOJ). So much of tax payers’ money and some good intellectual resources have been better utilized if the adjudicating officer at USCIS or someone at the OIL would have carefully read either initial petition or Request for Evidence (RFE) response, or even our Federal Court Complaint.  It all started in March 2018 when USCIS’ California Service Center denied our client’s L-1A extension application even though we had provided not just adequate information and supporting documentary evidence to meet the preponderance of evidencestandard but close enough to cross clear and convincing evidenceevidentiary standard threshold. Appalled to infer, through denial decision, that USCIS neither read our initial petition nor the RFE Response, we decided to straight away filed a Federal District Court Complaint seeking review of USCIS’ erroneous decision. We asserted in the complaint th...
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  • Article: DHS’s Proposed Registration Requirement for H-1B Petitions and Its Potential Adverse Impact on U.S. Employers and Prospective H-1B Employees By Xiaojie Meng, Alex Kim

    DHS’s Proposed Registration Requirement for H-1B Petitions and Its Potential Adverse Impact on U.S. Employers and Prospective H-1B Employees by Xiaojie (Marta) Meng, Alex Kim On December 3, 2018, the Department of Homeland Security (DHS) published a proposed regulation in the Federal Register that would impose an internet-based registration requirement for cap subject H-1B petitions. Although the proposed rule is well-intentioned, aiming to reduce the cost, paperwork burden, and complexity of participation in the H-1B program, some commenters have observed that it does not conform to the statutory requirements for the H-1B program. [1] Moreover, the proposed rule contains serious shortcomings likely to jeopardize the interests of U.S. employers and prospective H-1B employees by causing postponements and delays in the filing and adjudication of cases and creating confusion regarding the application of the “cap-gap” extension . While we are not opposed per se to the introduction of a registration requirement for H-1B petitions, the issues of protracted delay and cap-gap applicability must be addressed in order to avoid causing serious detriment to employers and employees participating in the H-1B program. Therefore, we respectfully and strongly urge USCIS to hold off on implementing the proposed registration requirement until a thorough test and evaluation has been conducted and the aforementioned issues have been resolved. A. DHS is Proposing Amendments to Introduce an Electronic Registration Requirement for H-1B Petitions and to Change the Order in Which Petitions Eligible for the Advanced Degree Exemption Are Selected The Department of Homeland Security (“DHS”) is proposing to introduce a new H-1B registration process that would require petitioners seeking to file H-1B cap-subject petitions, including both regular cap petitions and petitions asserting eligibility for the advanced degree exemption, to first electronically register with USCIS during a designated registration period prior to the date that petitions could be filed. Petitioners would be asked to provide basic information regarding the petitioner and beneficiary, including the employer’s name, employer identification number, mailing address, beneficiary’s name, country of citizenship, passport number, and whether the beneficiary has obtained a master’s or higher degree from a U.S. institution of higher education. Once USCIS has received the number of electronic registrations needed to reach the H-1B regular cap limit, USCIS would close the registration period and randomly select the registrations to fill the regular H-1B cap. H-1B cap-subject petitions would only be filed on behalf of beneficiaries whose registrations were selected by USCIS. Unselected registrations would remain on reserve in the system for the applicable fiscal year. DHS is also proposing to change the order by which USCIS selects H-1B petitions for the regular cap and advanced degree exemption. Under the current system, petitions eligible for the advanced degree exemption are selected first, and regular cap petitions are then selected afterwards. DHS’s proposed amendments would reverse the order of selection. USCIS would select all registrations needed to meet the 65,000 regular cap limit first, then select registrations that are eligible for the 20,000 advanced degree exemption limit next. Changing the order of selection in this way will...
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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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  • 9月20日 - 美取消绿卡国别配额限制法案 未获参院通过
    ImmigrationDaily
    今日亮点: 美取消绿卡国别配额限制法案 未获参院通过 美取消绿卡国别配额限制法案 未获参院通过; 看见新墙的特朗普:这可是边境墙里的劳斯莱斯; 五角大楼转拨36亿美元修建美墨边境墙; 美国公布移民排期 EB-2签证排期出现倒退。 欢迎投稿或发送您的任何建议和意见至editor.chinese@ilw.com。 文章(英文): 美国移民数据 作者: Harry DeMell 头条: 美取消绿卡国别配额限制法案 未获参院通过 点击这里 头条: 看见新墙的特朗普:这可是边境墙里的劳斯莱斯 点击这里 头条: 美国公布移民排期 EB-2签证排期出现倒退 点击这里 头条: 五角大楼转拨36亿美元修建美墨边境墙 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间的法律关系。读者不可在没有咨询专业律师之前,即根据本网页的讯息而有所行动。版权所有1995-2017美国移民有限责任公司, ILW.COM。
    09-20-2019, 04:22 PM
  • Sep 20 - Pass it On
    ImmigrationDaily
    Comment: Pass it On If you find Immigration Daily a valuable resource, won't you please share it with your friends and colleagues? We thank you for it and they will too. To begin receiving your email version of Immigration Daily, simply submit your email address in the text box on the top right corner of our homepage. Article: Immigration By The Numbers By Harry DeMell Blogging: ICE Official Spoke at 2019 AILA Worksite Enforcement Conference By Bruce Buchanan News: Employment and Training Administration, Labor Publish Modernizing Recruitment Requirements for the Temporary Employment of H-2A Foreign Workers in the United States Focus: PERM Illuminated - Hot Off the Presses Joel Stewart has done something remarkable in the new edition of THE PERM BOOK 2017-18 Edition. He has taken the spaghetti of all the sources on PERM: legislations, rules, FAQs, cases etc. and reintegrated them into a simple and luminously logical progression of how to do PERM. In each of the chapters, he uses articles by notable practitioners and his own extensive commentary to provide deep insights on every aspect of PERM. If you are a seasoned PERM practitioner, you will appreciate the clarity of the organization seen in the table of contents below, and will discover many new insights in every chapter. For anyone relatively new to PERM, Joel Stewart serves as a trusted guide to your mastering the lay of the land of this complex area. This book belongs in the library shelf of every PERM practitioner. Get your copy now, here: http://www.ilw.com/books/THEPERMBOOK.shtm Book includes: Chapter 1: All About the Law, Chapter 2: Parties to PERM, Chapter 3: Legal Requirements, Chapter 4: Anomalies: Special Handling or Processing, Chapter 5: Educational Degrees as Requirements, Chapter 6: Job Offers, Chapter 7: Prevailing Wage Requests, Chapter 8: All About Recruitment, Chapter 9: Consideration of Job Applicants, Chapter 10: All About Filin, Chapter 11: Post Filing Issues, Chapter 12: Approvals: Expiration, Validity, Portability & Duplicates, Chapter 13: Denials, Chapter 14: Request for Reconsideration, Chapter 15: Introduction to BALCA, Chapter 16: How to Request Review at BALCA, Chapter 17: Consideration by BALC, Chapter 18: BALCA Can Remand, Chapter 19: Disciplinary Measures, Chapter 20: DOL Organization and Updates, Acknowledgements, The PERM Book Online Library. Get your copy of THE PERM BOOK 2017-2018 edition Now, Here: http://www.ilw.com/books/THEPERMBOOK.shtm For additional information, including author biographies and purchase information, please see: Online Fax Form. Headline: Trump v California: president tries to turn 'resistance' into 2020 advantage Click here Headline: Resettlement offices close as fewer refugees are allowed into the US Click here Headline: Trump admin ignored its own evidence of climate change's impact on migration from Central America Click here Headline: US immigration court case backlog reaches 1 million Click here Headline: Border Patrol agents now screening migrants for "credible fear" under controversial pilot program Click her...
    09-20-2019, 11:37 AM
  • News: Employment and Training Administration, Labor Publish Modernizing Recruitment Requirements for the Temporary Employment of H-2A Foreign Workers in the United States
    ImmigrationDaily
    [Federal Register Volume 84, Number 183 (Friday, September 20, 2019)] [Rules and Regulations] [Pages 49439-49457] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2019-19674] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 655 [Docket No. ETA-2018-0002] RIN 1205-AB90 Modernizing Recruitment Requirements for the Temporary Employment of H-2A Foreign Workers in the United States AGENCY: Employment and Training Administration, Labor. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (Department or DOL) is amending its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status (H-2A workers). The Department issues this certification pursuant to Section 218(a) of the Immigration and Nationality Act (INA), which requires a prospective employer of H-2A workers to apply for a certification from the Secretary of Labor (Secretary) that there are not sufficient able, willing, and qualified United States (U.S.) workers available to fill the petitioning employer's job opportunity, and that the employment of H-2A workers in that job opportunity will not adversely affect the wages and working conditions of workers in the United States similarly employed. This final rule modernizes and improves the labor market test that the Department uses to assess whether able, willing, and qualified U.S. workers are available by: Rescinding the requirement that an employer advertise its job opportunity in a print newspaper of general circulation in the area of intended employment; expanding and enhancing the Department's electronic job registry; and leveraging the expertise and existing outreach activities of State Workforce Agencies (SWAs) to promote agricultural job opportunities. DATES: This final rule is effective October 21, 2019. FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Deputy Assistant Secretary, Employment and Training Administration, Department of Labor, Box #12-200, 200 Constitution Ave. NW, Washington, DC 20210, telephone (202) 513-7350 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone numbers above via TTY by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD). [[Page 49440]] SUPPLEMENTARY INFORMATION: I. Executive Summary A. Statutory and Regulatory Background The IN...
    09-20-2019, 11:32 AM
  • Article: Immigration By The Numbers By Harry DeMell
    ImmigrationDaily

    Immigration By The Numbers

    by


    How many immigrants should the United States accept each year?

    If someone tells you that there should be no immigration at all into the United States, you are arguing with someone who is irrational. For a variety of reasons there will always have to be some. Emotion is no substitute for an intelligent discussion.

    On the other hand, if someone takes the position that anyone who enters the United States has a right to stay here, obtain legal permanent residence and eventually citizenship, you are again dealing with someone who has staked out an emotional response. We should exclude them too in a discussion of what is a reasonable number of people for the United States to take in a given year and in what categories.

    It is clear to me that if we announced a new law that granted legal permanent resident status and eventual citizenship to anyone entering this country we would have tens or hundreds of millions of takers. I cannot imagine congress or the American people agreeing to this. Despite claims of racism and income inequality by some, the world knows that this is the land of opportunity, equality and the rule of law. We may not be perfect but some would say we are the worst country in the world except for all the others. In any event, I do not see any major emigration from the United States to any other country.

    According to the DHS, the United States, during 2017 the last year for which statistics are available, granted 1,127,000 immigrants the right to come to the United States and remain legally for life. [i] Aliens who are granted this status are referred to as legal permanent residents or LPRs. About three quarters of these LPRs will eventually become United States Citizens. A small percentage will return to their country of origin. The point of this article is that good people can argue to increase or decrease immigration for a variety of reasons but those who espouse the extremes have not thought this issue through. We need to think it through. Let’s look at the extremes, discuss categories, and then explore some rational alternatives. We need to start a dialogue as to what numbe...

    09-20-2019, 11:22 AM
  • 9月19日 - 新排华法案!未来十年,华人想靠学术和工作移民美国希望渺茫!
    ImmigrationDaily
    今日亮点: 新排华法案!未来十年,华人想靠学术和工作移民美国希望渺茫! 新排华法案!未来十年,华人想靠学术和工作移民美国希望渺茫!; 美总统特朗普造访美墨边境 大力鼓吹边境墙作用; 美媒:签证延迟正迫使中国留学生推迟入学; 美预算法案参院受阻 边境墙资金再成两党争执焦点。 欢迎投稿或发送您的任何建议和意见至editor.chinese@ilw.com。 文章(英文): 洪都拉斯的遣返过程与美国移民听证会的搬迁争议 作者: Robert Kirkland 文章(英文): 与国会议员Hakeem Jeffries关于EB-5的对话 作者: Christina Dilbone 文章(英文): 之前宣布的关于法国E2和E1签证的重大变化又被撤回? 作者: Paul Monson 头条: 新排华法案!未来十年,华人想靠学术和工作移民美国希望渺茫! 点击这里 头条: 美总统特朗普造访美墨边境 大力鼓吹边境墙作用 点击这里 头条: 美媒:签证延迟正迫使中国留学生推迟入学 点击这里 头条: 美预算法案参院受阻 边境墙资金再成两党争执焦点 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间的法律关系。读者不可在没有咨询专业律师之前,即根据本网页的讯息而有所行动。版权所有1995-2017美国移民有限责任公司, ILW.COM。任何联系与文章请发送至editor.chinese@ilw.com短篇与长篇文章可能会被编辑、发表与使用在任何传播媒介。短篇与长篇文章中所表达的看法并不必然
    09-19-2019, 06:16 PM
  • Sep 19 - RSS Feed Fixed
    ImmigrationDaily

    Comment: RSS Feed Fixed
    Our Immigration Daily RSS feed was broken as a result of an old site upgrade,:it is now up and running and ready to be used. Use Immigration Daily RSS News Feed on your homepage to offer site visitors fresh new content that will give them yet another reason to return to your website. Putting Immigration Daily RSS news feed on your homepage is simple. How to do it is explained here: http://www.ilw.com/rss.shtm. If you are having difficulty putting the news feed on your site, write to webmaster@ilw.com and our tech department will be happy to help.

    Article: 5 Things We Learned from the September 2019 EB-5 Immigrant Investor Program By Joseph Barnett and Bernard Wolfsdorf

    Article: The Repatriation Process in Honduras and Arguments of Relocation in U.S. Immigration Hearings By Robert Kirkland

    Article: From the City to The Hill: EB-5 Dialogue with Congressman Hakeem Jeffries By Christina Dilbone

    Article: Major changes announced — then pulled? — for E2 and E1 visas for French nationals By Paul Monson

    Blogging: Immigration Court's Active Backlog Surpasses One Million By Matthew Kolken

    Blogging: Trump-Miller Public Charge rule is not only a racist assault on human rights of nonwhite immigrants. It is also a major step toward fascism: Part 1 By Roger Algase

    News: USCIS Publish Adjustment of Status Filing Dates for October 2019

    Focus: Hot Off The Presses: The EB-5 Book 2016-17 Edition; Editors: Matt Gordon and Sarah A. Schroeder Shipping Now!

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    09-19-2019, 11:58 AM


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