Comment: Legislative Update on EB5
The Regional Center program is due to expire on September 30, 2016. Note that Direct EB-5 program does not expire, only the Regional Center program does.

Congress faces two problems in regards to reauthorization of the RC program: 1) This is an election year. During an election year both political parties have their own priorities that they deem important to their re-election prospects. EB5 program does not rise high on this list for most politicians. 2) Reauthorization of the RC program is handled as a part of appropriations bill (hence the September 30 deadline which is the end of the fiscal year for the US government). Appropriations contains many items that are of critical importance to both political parties, again EB5 does not rise high on that list.

Consequently, it is most likely that Congress will pass a "continuing resolution" for the entire appropriations bill to December 15th (that is until after the election), and then again to March 15th, 2017, for the incoming newly elected Congress to handle next year. Hence we expect the RC program to be extended unaltered till March 15th.

There are three major issues concerning the RC program during its reauthorization. 1) Integrity measures 2) Change of investment amount from $500K to $800K 3) Definition of TEA. Based on the above, it looks likely that all these three issues to remain unchanged till March 15th 2017.

Regulatory Note: USCIS has indicated that it will attempt to change the investment amount through rule making. We expect USCIS to publish a Proposed Rule (asking for comments on the proposal) in December 2016. It takes considerable time for USCIS to accept and process comments on their proposed rules, so we expect the effective date to be around July 2017--by which time the Congress may have already acted.

The above summarizes the current position in DC on EB5 RC program; all EB5 market participants should be guided accordingly.

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

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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:
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Help Wanted: Immigration Paralegal
Mountain View, CA - Boutique immigration firm for startups and investors seeks paralegal with employment-based immigration law experience to assist attorney by researching law, investigating facts, and preparing documents on cases such as EB-5s, H-1Bs, E-2s, Ls, PERMs, adjustments of status, and naturalization. Also responsible for talking and meeting with clients, creating files and filing documents. Full time preferred, but reduced hours and/or flexible schedule is available. Employment-based immigration experience is required and familiarity with INSZoom software is preferred. Please email info@alcornimmigrationlaw.com to apply.

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New York, NY - Well-regarded boutique immigration law firm is seeking a legal assistant who is fluent in Hindi and Punjabi. Ideal candidate will have 2+ years of experience, be proficient in Mac applications, and have outstanding case management and organizational skills. To apply, please send resumes to sxc@ppid.com.

Help Wanted: Immigration Attorney
New Jersey. Growing Central NJ law firm seeks Bi-lingual, English/Spanish immigration attorney with at least 2 years experience with removal defense, motions, appeals. Criminal experience a plus. Must have strong interpersonal skills and good work ethic. Very competitive compensation package for right candidate. Great opportunity for someone with entrepreneurial spirit. Send resume to: Lawmind16@gmail.com.

Help Wanted: Immigration Attorney
A well-regarded mid-sized immigration boutique is seeking a Senior Associate for NIV processing with an excellent substantive and technical grasp of the NIV process based on 3+ years of experience doing NIV cases including H-1s, L-1s, New Office L-1s, and Entrepreneur H1Bs. Candidate must be able to handle a high-volume workload, fast-paced office environment, and must have the ability to think creatively to find legal solutions to client problems while remaining within the general case processing approach of the law firm. Attractive compensation package provided. To begin the interview process, please send your resume to seniorassociateresumes@gmail.com.

Help Wanted: Immigration Attorney
Providence, RI. The Providence, Rhode Island office of Green and Spiegel US LLC seeks an entry level associate to join our boutique business immigration law firm. Applicants with experience handling all aspects of business (employment) immigration (Nonimmigrant visas, including H-1B, L-1, E-1/2/3, TN; and Immigrant visas, including PERM cases, EB1 Managers and Outstanding Researchers) and family immigration (IR, I-130s, Waivers) will be given preferred status. Ideal candidate will be adept at efficient case handling, exhibit keen attention to detail, have a strong academic background, great analytical and writing skills, and be able to demonstrate leadership and initiative. Spanish language skills a plus. Interested candidates should submit a cover letter and resume via email to Andrew Rodgers, Associate Attorney, arodgers@gands-us.com.

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Letters of the Week:

ComingsNGoings: Immigration Event
June 23, 2016, 2 - 3:30pm (Eastern). The Department's Office of Foreign Labor Certification's (OFLC) will host a public webinar to educate stakeholders, program users, and other interested members of the public on best practices, filing tips, and common deficiencies associated with the submission of applications for temporary labor certification under the H-2A and H-2B visa programs. The objective for this webinar is to provide technical assistance to employers and, if applicable their authorized representatives to avoid frequent or common errors in preparing and submitting H-2A and H-2B applications. For more information and registration instructions see here.


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