Comment: EB5 Enforcement Begins
For the last several months, Immigration Daily has reported on increased enforcement of securities statutes by SEC in the EB-5 field. In our view, prior actions such as the mid-western fraud by Los Angeles-area attorneys, the Chicago convention center, etc., were not really feared enforcement actions, because they were aimed at outright fraud, and not at systemic practices in the EB-5 field which are contrary to proper securities practices in USA. At long last it appears that SEC is poised to take action against some of the bad systemic practices. This is multiple step, multiple year, process which will result in a near-total overhaul of the EB-5 field. We expect that this process will culminate in:

  1. More than half of industry players today to exit the field;
  2. The entrance of large US-based financial and real estate enterprises as the only central players in EB-5;
  3. Marginalization of Chinese migration agents to the periphery of EB-5 ecosystem.

Accomplishment of the above will not happen in a few months but in a few years.

Two enforcement actions by SEC are likely within the next few weeks:

  1. SEC will announce that approximately twenty immigration law firms have disgorged finder's fees to the tune of $1 million per law firm along with interest and penalties.
  2. SEC will announce that securities sanctions have been applied to several Regional Centers engaged in a pattern and practice of paying finder's fees to immigration attorneys.

This is the beginning, not the end, of enforcement activity. We believe that USCIS enforcement of immigration consequences of securities non-compliance will follow. This field is about to become a gold mine for securities plaintiff's lawyers.

We believe that this industry-wide misbehavior is directly traceable not to human greed in the US, but to Chinese business practices, which, while perfectly valid in the Chinese cultural context, are corrosive and corrupt in the US business context. EB-5 is an American program and must follow American custom, not Chinese custom. Imminently anticipated SEC enforcement begins the process of returning EB-5 to its American roots.

Share your thoughts by writing to editor@ilw.com.

Article: A Review of the Department of Homeland Security Policies and Procedures for the Apprehension, Detention, and Release of Non-Citizens Unlawfully Present in the United States. By Jessica Vaughan

Blogging: My Asylum Case Is Delayed; What Can I Do? By Jason Dzubow

Blogging: OSC Issues Flyer on Employers Avoiding Discrimination. By Bruce Buchanan

Blogging: ICE No Longer Honoring New Prosecutorial Discretion Memo. By Matthew Kolken

News: CRS Report on Alien Removals and Returns: Overview and Trends

Focus: The EB-5 Book 2014-15 Edition
ILW.com is pleased to announce the The EB-5 Book 2014-15 Edition. The editors are Matt Gordon, Angelo A. Paparelli, and L. Batya Schwartz Ehrens. Articles by Laura Bronstein, Laura Danielson, Michael Dunn, Robert Gaffney, Adam D. Gale, Steve Ganis, Sherman E. Golden, Douglas Hauer, Jennifer Hermansky (Jen), Parisa Karaahmet, Mark Katzoff, Lily Li, Daniel B. Lundy, John Neill, Chun Yun ("Elizabeth") Peng, John Roth, Paul Ruby, Sarah A. Schroeder, Reid Thomas, Gregory White, and Ben Zou.

The book outline is as follows:

  • Introduction By: Matt Gordon
  • The Numerical Limits on EB-5 Visas for Natives of China, and the Likely Effects of a Quota Backlog on the EB-5 Industry by Daniel B. Lundy
  • EB-5 China Retrogression: Considerations for Investors and Regional Centers by Parisa K. Karaahmet and Sarah A. Schroeder
  • Practical Approaches to Lawful Source of Funds Issues by Robert P. Gaffney
  • Source of Funds: Understanding and Vetting Your Investor's Background by Ben Zou and Laura Danielson
  • I-526 Petitions Practice Pointers by Paul Ruby and Lily Li
  • How to Successfully Represent Chinese Investors in EB-5 Cases by Elizabeth Peng
  • I-829 Practice Pointer: Removing Your Investors' Conditions by Elizabeth Peng and Jennifer Hermansky
  • Use of Escrows in EB-5 by Reid Thomas
  • Attracting Investors: What Investors Want in an EB-5 Regional Center by John Roth
  • Relevance of US Securities Laws to the EB-5 Marketplace by Sherman Golden and Michael Dunn
  • FINRA Guidance on Applicability of the Suitability Rule to Broker-Dealers Marketing Private Placements by Douglas Hauer, Steve Ganis, and Adam Gale
  • Hot SEC Topics in EB-5 Financings by Gregory White, Mark Katzoff, and Angelo Paparelli
  • EB-5 Regional Center Job Creation Requirements by John Neill
  • Role of the Business Plan and Plan Writer by Angelo A. Paparelli and L. Batya Schwartz Ehrens
  • I-924 Process, Tips, and Best Practice by Angelo A. Paparelli and Brandon Meyer
  • Choosing the Corporate Structure, Management Issues, and PPM Due Diligence by Louann Bronstein
  • The EB-5 Attorney as Financial Adviser: A Practical Guide by John Roth
  • Learning from the History of Risk and Fraud in the EB-5 Regional Center Context by Robert Loughran
  • Resource Materials: Cases, Forms, Memoranda
  • CD-ROM Resource Materials: Statutes, Regulations, Federal Court Cases, BIA Cases, Forms, Memoranda, Weblinks, Miscellaneous

This is the only Eb-5 book published after the announcement of retrogression by DOS. There are two articles in the book that cover this development.

Order your copy today:
Online
Fax Form

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Headline: What Americans Actually Think About Immigration Click here

Help Wanted: Immigration Attorney
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Help Wanted: Immigration Paralegal
New York, NY. Sr. Legal Admin/Paralegal - Immigration. We represent professional artists, businesses and families in gaining NIV and IV visas and citizenship in the U.S. and at consulates around the world for the last 17 years. Each case is as unique as each artist it represents and we take care to maintain high ethical standards with our clients. We highly value professionalism and integrity. Duties include assistance with case processing, preparing forms, support letters and all Firm correspondence with client, employers, unions and government agencies. Responsibilities also include maintaining files, entering data into databases, petitions and applications, sending questionnaires and extracting data from questionnaires, and significant drafting of basic e-mails and letters. Required Skills: Superior drafting, writing, and editing skills; Excellent oral communication skills; Detail-oriented, efficient and reliable; Strong sense of ownership of tasks and responsibilities; Proficiency in Microsoft Word, Excel, Adobe Acrobat, Outlook; Authorized To Work in the United States. Preferred Education/Skills: Immigration law experience, particularly H-1Bs, O-1, Adjustment of Status, and/or PERMS. Salary is commensurate with experience. Position is full time. Submit resume (attached PDF or doc), with a cover letter (body of the email), and your salary requirements to al.recruiting@yahoo.com.

Help Wanted: Immigration Paralegal
New York, NY. Fragomen is the largest law firm in the world dedicated to corporate immigration, and is recognized as the leading global immigration services provider. For over 60 years, Fragomen has served the immigration needs of clients ranging from individuals to the world's leading multinational corporations. We have 44 offices in 18 countries worldwide, supported by more than 2,100 immigration professionals and staff--including more than 300 attorneys, solicitors, or comparable immigration professionals. These resources allow us to provide strategic and effective immigration solutions in over 170 countries around the globe. The Fragomen NY office is looking for an experienced Business Immigrations Paralegal with 2+ years of experience. Responsibilities include performing intake of cases, troubleshooting and establishing case strategy; analyzing case documents and preparing immigration applications for filing with the appropriate government agency; drafting petitions, applications and specialized support letters detailing eligibility for visa classification and other immigration benefits; Interested candidates may apply here:

Help Wanted Immigration Paralegal New York, NY. The Seltzer Firm, PLLC (NYC) is seeking employment based immigration paralegal to prepare H-1Bs, PERM, I-140s, adjustments of status, J-1 waivers, and physician immigration matters. Work with attorneys, have contact with scientists, managers, and other professionals, draft documents to establish eligibility for immigration benefits and guide them through the immigration process. The Seltzer Firm combines high-quality legal services with personal attention and hands-on involvement. Competitive salary. Bachelor's plus 2 yrs exp, submit resume and a brief writing sample to hr@theseltzerfirm.com.

Help Wanted: Immigration Paralegal
New York, NY. Yarden Law Group is looking for a business immigration paralegal with two or more years of experience with employment and investment visas, immigrant petitions, adjustment of status applications and naturalization. If interested, please send CV and cover letter by email to shavit@yardenlaw.com.

BRIEF WRITING SERVICES
Alina Antonetti, Attorney at Law. Brief Writing Services for Immigration Attorneys. Includes briefs to the bench, the BIA and Federal Circuit Courts, as well as RFEs, NOIDs and other matters to USCIS, and AAO. Briefs are tailor made to each client. Lawyers are my only clients. Over 550 briefs written in the past 14 years. Law Review Editor and Cum Laude graduate from the University of Miami. Website: www.antonetti-law.net. Email: info@antonetti-law.net.

DNA Testing
With over a decade of experience and access to over 5000 collection centers nationwide, DNA Lab Center is one of the leaders in the DNA testing industry. All DNA Tests performed are accredited by the A.A.B.B. (the American Association of Blood Banks) and within the guidelines set forth by the DHS. Our reports are accepted by the Consular Section at the embassy, the U.S.C.I.S., and American Citizen Services offices. Every sample collection performed follows a strict chain-of-custody allowing the results to be notarized and court admissible. Using the most advanced technology in the industry, DNA Lab Center is able to reach 99.9 % accuracy on each test we perform. DNA Lab Center will coordinate shipping the DNA collection kit(s) to the embassy requesting the test and will also provide all contact information to embassy personnel for scheduling the beneficiary's appointment. You can be confident your clients will receive the utmost care, consideration, and confidentiality throughout this process. English, Spanish, French and Hebrew spoken. Contact: 866-940-4DNA, 866-720-3550, 718-940-4DNA, info@dnalabcenter.com Website: http://www.dnalabcenter.com.

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Letters of the Week: R. L. Ranger, Linda Grays

ComingsNGoings: Immigration Reading
Rethinking Border Control for a Globalizing World: A Preferred Future (Rethinking Globalizations) by Leanne Weber - Routledge; 1 edition (February 18, 2015) - Hardcover: 234 pages, ISBN: 0415708338, $136.44 - http://www.amazon.com/gp/product/0415708338


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