Comment: Don’t Kill The Goose That Lays Golden Eggs

(1) Introduction
(2) USCIS is Killing American Jobs
(3) USCIS is Acting Against President Trump’s Immigration Priorities
(4) USCIS is Anti Market and Anti India (but pro China!)
(5) Conclusion: Fixing the Rule, What wont work, How to do it

(1) Introduction

USCIS is moving full steam ahead to kill the goose that lays the golden eggs - the EB5 program, a proven jobs generator for the US economy. USCIS threatens to finalize its Rule on EB5s in November, inter alia raising investment amounts substantially for immigration benefits. Increasing investment amounts negatively impacts all EB5 projects, both rural and urban. The only way at this time to stop USCIS is through the White House, not through Congress, see below.

(2) USCIS is Killing American Jobs

USCIS promises to drastically raise investment amounts for EB5, thereby curtailing EB5 job creation significantly. USCIS in its rule-making did NOT propose to increase US jobs requirements to 15 jobs for each $500,000 invested (from the current 10 jobs). The foregoing would have demonstrated that USCIS intended to foster US job creation. Instead, by increasing investment amounts without concomitantly increasing the number of American jobs required, USCIS seeks to reduce job-creation by the EB5 industry. USCIS seeks to reduce the amount of jobs created by more than half (from 10 to perhaps only 3) for each $500,000 invested (this is the implicit calculation in USCIS's Rule about to be finalized). The increased investment amounts per investor will necessarily crater the market in terms of numbers of investors, and thus devastate the EB5 industry's ability to support American job creation. USCIS is acting 180 degrees against the Administration's announced "Buy American, Hire American" policy goal, in thwarting the EB5 industry's ability to create American jobs.

(3) USCIS is Acting Against President Trump’s Immigration Priorities

The President has repeatedly said that he intends to work with Congress post-November 6th (the election date) to secure funding for The Wall, for which he received a mandate from the people two years ago. Congressional Republicans and Democrats have both indicated that they expect a conversation on border security in the lame-duck session during November/December. By deliberately timing the finalization of its EB5 Rule during these critical discussions on The Wall, USCIS is taking direct aim at the President's immigration priorities, by interposing a relatively small matter such as EB5 into negotiations between the President and Senate Democrats to the President's disadvantage (count on Sen. Schumer, the leader of Senate Democrats, to bring up EB5 during discussions with the President, since EB5 investment is critical to Mr. Schumer's constituents in New York City). Such holiday-period shenanigans also demonstrate USCIS's bad faith toward Congress by showing no concern for Congress's packed lame-duck schedule during Thanksgiving/Christmas.

(4) USCIS is Anti Market and Anti India (but pro China!)

Intelligent Indian investors are busy cleaning the EB5 house with a fire-hose, to the detriment of many EB5 issuers who are coming up empty-handed in the demanding Indian EB5 market. USCIS harbors an unhealthy distrust of market forces and apparently intends to kill the infant yet fast growing Indian EB5 market by Regulation. Finalizing the EB5 Rule at the same time as the EB5 market is shifting from being China-centric to India-focused, leads one to wonder whether there exists a faction in USCIS which is pointedly anti-India, and by implication, pro-China - this would of course be 100% contrary to what the White House policy has so far been on India/China.

(5) Conclusion

FIXING THE RULE USCIS should stagger any increases in investment amounts over two or three years, in graduated steps, so as to give the market enough time to adjust, so that American job creation through EB5 continues unimpeded. If USCIS fails to do this, USCIS will be slaughtering the goose that lays the golden eggs (American Jobs through EB5).

WHAT WONT WORK (a) Judicial Branch: appeals to the Courts will here be unavailing since USCIS has followed the APA so far in seeking to liquidate EB5 as an avenue for permanent residence through investment (b) Legislative Branch: it is much too untimely to work with US Congress who have many other critical matters to address during November/December (by January it may well be too late since USCIS may already have butchered the EB5 market by then) (c) Executive Branch - Minions: it is too late to work through liaison with USCIS/DHS on this Rule So, that leaves (d) Executive Branch - Apex Command, see below

HOW TO DO IT - PLEASE TAKE ACTION NOW All Regulations must necessarily go through OMB; the only body superior to OMB within the Executive Branch is the White House. Ergo, the only way to affect the Regulation is to reach the White House. We encourage all those reading this to bring it to the attention of the White House Staff. Don't Delay, Act Today!

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