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Jan 16 - Crazy Four Tiers

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  • Jan 16 - Crazy Four Tiers

    Comment: Crazy Four Tiers
    The Chinese EB5 market has a four-tier price structure. Paying the lowest price for capital, about 10% of capital raised, are those RCs with good 829 track records. The second tier is those RCs without 829 records, but who have good 526 records, these pay about 17.5% of capital raised. The third tier, which is everyone else, the vast, overwhelming majority of wannabes, are RCs without any track record, these pay about 25% of capital raised as intermediary fees. There is also a fourth tier - which is a mish-mash of individual connections, direct investments, one-off special deals, etc., where prices are all over the map.

    How the EB5 market got to this stage is important in understanding where it will go in 2015. This four-tiered structure arises from a misunderstanding, among US immigration attorneys and Chinese migration agents alike, that the standard for judging RCs is the immigration track record. As 2015 will likely show all too clearly, this is NOT the case in the real world. A missing element in the calculation is project quality - the true factor that underwrites jobs which are the foundation of the EB5 program. The vast majority of projects funded so far are rather poor in quality, and the next economic downturn in America will see many of these projects and RCs turn turtle - and what will US immigration attorneys and Chinese migration agents do then? However, 2015 gives every sign of being a real boom year in the USA, so this fear, at least, is far away, and not of practical import at the moment. There is however, another missing element, even more important than project quality, that will likely come home to roost in 2015, and that is securities compliance. Until recently, RCs and US immigration lawyers have regarded securities compliance as a kind of "check-the-box" item, a mere after thought once the real issues (such as jobs calculations, TEA designation, etc.) were worked out. As to Chinese migration agents, their attitude toward US securities laws appears to be equal parts amusement and consternation, but their actions clearly betray a belief that US securities compliance is never to be taken seriously. A $5 billion securities market cannot function under such a regime as EB5 has suffered for the last 5+ years, a regime that can only be characterized as a joke, and a bad one at that, since the lives and futures of so many families are at stake. USCIS and SEC alike have been asleep at the wheel - and this is not just a matter of outright fraud. A few bad apples will always exist in every market, such is the human condition, and regulators cannot be blamed for an occasional fraud, no matter how painful it is to those who suffer the consequences. The point is that USCIS and SEC have permitted non-securities-compliant practices to take root, to grow and to thrive, across the length and breadth of the EB5 market. We believe that USCIS and SEC are finally taking note that serious action is needed in 2015.

    The ultimate source of this crazy 4-tier market is something quite different, and rooted deeply in Chinese culture. China's capital markets, such as they are (and they are not much by standards such as the West's and even India's), do not boast much trust among market participants - trust is NOT China's forte (though China has many strengths to its glory and credit). In an atmosphere of mistrust, sophistication in financial instruments becomes an early casualty. Even such a key distinction as debt as compared to equity is lost on the bulk of China's millionaires. Complex capital stacks, common in US real estate deals, are pure gobbledygook to most wealthy Chinese, the idea that if a project goes south, some parties may lose nothing while others lose all, appears to the Chinese a dirty American trick, and one that is deeply dishonest. Their preference in judging project quality is not a spreadsheet, but photographs of project sponsors with a Governor or Mayor. While larger Chinese migration agents have now acquired US-educated financial analysts, and we are willing to bet that all top Chinese migration agents now have staff who actually know what a subordination clause is, the damage has already been done. China's woefully inadequate regulatory apparatus has forced migration agents, who are superb immigration intermediaries, into the role of financial intermediaries, a role that they are singularly inept at. The best solution would be for China to require that no EB5 project be sold in China without the active involvement of major Chinese financial institutions such as banks, while still leaving an immigration role for China's army of migration agents. Willy nilly, the market will gradually evolve in this direction, even absent Chinese initiative. Once USCIS and SEC awaken from their slumber, it is entirely possible that US broker dealers will be required for each and every EB5 transaction - such a US requirement will, in time, lead to the inclusion of Chinese financial intermediaries, and the exclusion of Chinese migration agents, from the EB5 equation.

    We believe that SEC and USCIS are gearing up for significant enforcement action in 2015, one that will shake the EB5 market even more than Izummi ever did. Many old players will likely fall by the way side, and a new, cleaner, EB5 market may well rise to take the place of the old, troubled one. Stay tuned to Immigration Daily for the latest in EB5.

    Article: The Case of the Premature Professor. By Joseph P. Whalen

    Article: States' Lawsuit Against Executive Action More Politics Than Substance. By Lynne H. Rambo

    Blogging: OCAHO Rejects Most of Dentist's Defenses. By Bruce Buchanan

    Blogging: Immigrant of the Day: Felicity Jones - Actress. By Greg Siskind

    News: CRS Report on Department of Homeland Security: FY2015 Appropriations

    Focus: The PERM Book 3rd Edition
    ILW.COM is pleased to announce a new edition of The PERM Book at our discounted price of $169.

    Editor: Joel Stewart; Contributors: Christian Allen, Jonathan Amdur, Davis Bae, Robert E. Banta, Susan L. Brady, Barbara Brandes, Lorna Rogers Burgess, J. Ira Burkemper, Ramon Carrion, Blake Chisam, Susan J. Cohen, Jeffrey Devore, Victoria Donoghue, Gary Endelman, Rami Fakhoury, Jane Goldblum, Paul Hejinian, Linda Kim, Howard Kushner, Christina La Brie, David Lazaar, Katherine Lopez Ley, Edwin Litwin, Benjamin M. Lowe, Joan Matheu, Margaret McCormick, Cyrus D. Mehta, Lori S. Melton, Nancy Jo-Meritt, Matt Morse, Sherry Neal, David B.Pakula, Michael E. Piston, Edwin Rubin, Linda Rose, Lawrence Rudnick, Rebecca L. Sigmund, Jay Solomon, Timothy Spridgeon, Richard Tasoff, Rohit Turkhud, Kiran Vairale-Mumtaz, Alison Walters, Nathan A. Waxman, Mitchell L. Wexler, Leon Wildes, Sofia Zneimer

    Special Comprehensive IT Section
    by Rami Fakhoury and Matt Morse, Fakhoury Law Group

    • IT Occupations under SOC and O*Net
    • Roving Employees: Travel, 3rd Party Sites, Unanticipated Locations and Home Office
    • Diploma and Work Equivalencies
    • Alternative Requirements

    Perm Overview by Featured Authors
    • Edwin Rubin "How to Prepare a PERM Form"
    • Larry Rudnick "Responding to Audits and Requests for Reconsideration"
    • Michael Piston "Appeal Strategies: BALCA and Federal Courts"

    Special Issues in Focus:
    • Prevailing Wage Survival Kit by Linda Kim
    • Guide to Recruitment and Advertising by Rohit Turkhud
    • Alien Control: Investors, Family Ownership and PERM by Robert Banta

    Statute and Regulations
    • PERM Rule
    • Preamble to PERM Rule (December, 2004)
    • PERM Forms (Current) & Instructions
    • PERM Forms (Proposed)

    Agency Interpretations
    • Frequently Asked Questions
    • PERM Stakeholder Meeting Reports
    • General Administration Letters
    • Foreign Labor Certification Memoranda
    • Prevailing Wage Memoranda

    Roadmaps and Checklists
    • Overview of PERM Cases
    • Overall PERM Flow Chart
    • Employer Checklist
    • Alien Checklist
    • Job Offer Checklist
    • Attorney/Agent Checklist
    • Prevailing Wage Checklist
    • Minimum Requirements Checklist
    • Recruitment and Advertising
    • Special Requirements

    Sample Cases
    • Approved Perm Applications
    • Approved Prevailing Wage Requests
    • Requests for Reconsideration

    State Workforce Agencies:
    By Kiran Vairale
    • Contacts and Addresses
    • How to Place 30 Day Job Orders
    • How to Document Results of Recruitment

    For additional information, including author biographies and purchase information, please see:
    Online
    Fax Form

    Headline: U.S. Republicans struggle to block Obama immigration moves Click here
    Headline: McConnell: Senate Will 'Try to Pass' House Immigration Bill Click here
    Headline: Unauthorized Immigrants: Who they are and what the public thinks Click here
    Headline: Federal judge asks by what authority Obama changed immigration policies Click here
    Headline: U.S. court hears states' suit against Obama immigration plan Click here

    Help Wanted: Immigration Paralegal
    Philadelphia, PA. Green and Spiegel, a growing Philadelphia business immigration firm seeks a detail-oriented legal assistant to assist in the preparation of nonimmigrant visa petitions. Strong writing, critical thinking, and analytical skills needed for fast-paced environment. BA/BS required. Business immigration experience preferred and special consideration for candidates who have worked with H-1B visa processing in the past. Competitive salary and benefits. Please send resume and cover letter to info@gands-us.com.

    Help Wanted: Immigration Paralegal
    New York, NY, The Seltzer Firm, PLLC has an opening for an experienced Paralegal to handle a variety of immigration matters for physicians, small businesses, hospitals, universities, and research organizations. Bachelor's degree and experience preparing LCAs, H-1Bs, PERM, I-140s, adjustments of status, and IV consular processing required; experience with physician immigration and Special Handling PERM would be a great asset. Information about The Seltzer Firm can be found at www.theseltzerfirm.com. Email resume and a brief writing sample to hr@theseltzerfirm.com.

    Help Wanted: Immigration Paralegal
    Chicago, IL, Sidley Austin LLP. Essential Duties and Responsibilities: Prepare a wide variety of business-based nonimmigrant petitions (H-1B, H-3, TN, E, J-1, L-1 and O-1). Assist with corporate clients with PERM application process. Assist with applying for and obtaining work visas with U.S. consular offices abroad. Work closely with our clients' and their employees and families to provide comprehensive immigration service through the application process, including responses to applications, Requests for Evidence, interviews and compliance. Compile and maintain records of immigration forms, other documentation and records of activity on behalf of corporate clients' employees. Review immigration regulations and be able to apply them to various case scenarios. Perform research using all available immigration research tools including government agencies' websites. Education and/or Experience: Required: BA/BS with strong academic credentials; Proficient at Microsoft Office Applications and Adobe Acrobat; Writing sample must be submitted with resume; Minimum of 4 years of experience with the corporate immigration process. Preferred : Paralegal Certificate; Proficient in LawLogix. Other Skills and Abilities: Strong oral and written communication skills; Excellent attention to detail and proofreading skills; Strong sense of good judgment; Well-developed analytical and problem solving skills; A self-starter who desires to show ownership and commitment to the job. To apply: staffcareers@sidley.com.

    Chinese EB-5 Marketing
    EB-5 Supermarket is one of the top Chinese media and marketing companies that specializes in the EB-5 immigrant investment market. It is a direct gateway between the U.S. EB-5 project developers, EB-5 Regional centers, EB-5 professionals, U.S. immigration attorneys, Chinese immigration agencies and Chinese investors in China. If you are planning to promote your EB-5 projects or services to China market, EB-5 Supermarket is the only one you need to talk with. We offer an one-stop marketing plan for doing business in China, including bilingual marketing collateral, online/offline national promotion, interpretation and coordination with your authorized Chinese immigration agencies, brokers and other services provider to promote your investment projects in China. Moreover, our top-notch marketing team as well as the strong network in China will bring you unbelievable value. Our special working process will condense all the advantages and deliver the highlights of your project in the most effective and efficient way! Please contact us contact our Chicago office at (630)701-6163 or Email: eb5supermarket@gmail.com Website: http://www.eb5supermarket.com/index.php/lianxiwomen.

    To submit an article or a news item to Immigration Daily, write to editor@ilw.com. Follow ILW.COM on Twitter.

    Letters of the Week: Roger Algase

    ComingsNGoings: Immigration Event
    January 27, 2015, 3 - 4pm (Eastern), the Office of the Citizenship and Immigration Service Ombudsman will hold a teleconference on Deferred Action for Childhood Arrivals (DACA) renewal issues. Ombudsman Maria Odom will be joined by stakeholders to discuss applicant's experience with requests for DACA renewal. The teleconference will focus on renewal processing issues only and will not discuss the recent executive actions, which will expand DACA and have not yet become effective. Please RSVP with "DACA Renewal" in the subject line by January 21 to CISOmbudsman.PublicAffairs@hq.dhs.gov. Teleconference call-in information will be provided upon RSVP.


    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 1995-2015 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@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.
    Publisher: Sam Udani ISSN: 1930-062X
    Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Lory Rosenberg, Greg Siskind, Joel Stewart, Margaret Wong
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      ImmigrationDaily
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    • August 15 - Change in EB5 Market – its all about marketing
      ImmigrationDaily

      Comment: Change in EB5 Market – its all about marketing

      Old EB5 Model-Seller's Market New EB5 Mondel-Buyer's Market
      Issuers Small number of Issuers
      (Project + USCIS approval = investment success)
      Large number of Issuers
      (USCIS approval & good project are commodities)
      Market Only China Multiple markets:
      China, India, Vietnam, etc.
      Roles Issuer gets project & USCIS approval;
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      Breakup of functions:
      SOF by US immigration attorneys,
      Marketing by Issuers,
      Sales by agents
      (A Good Project and USCIS approval are now commodities due to the large number of Issuers with both)
      Marketing Marketing NOT necessary for success
      (because market was a seller’s market with more demand than supply)

      Marketing Necessary for success
      (because market is now buyer’s market with more supply than demand)

      EB5 Marketing – real world experience

      ILW experience with marketing: Mixed results 2013-2016

      • Success in Beijing – almost 2,000 attendees at ILW Expo – but difficulties ensue
      • Many failures in oil economies of Middle East
      • Modest success in India and Taiwan

      ILW experience with marketing: Major success 2016-2018

      • Expo format gets results in many countries for many clients
      • Major Success in two new markets - clients who made many investments 2015 to 2017 hit balls out of the park in two Top 10 EB5 countries

      Requirements for major success:

      • Patience for results – it takes years not months
      • Commitment to a market through repeated visits to master its nuances
      • Major investment in marketing
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    • August 13 - Photos from Atlanta H1B to EB5 Expo
      ImmigrationDaily
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