Comment: EB5 OK With Unsecured Loans
Please see below an article by Matt Gordon on the recent case Zhang v USCIS. USCIS has had a long practice of accepting loans as source of funds for EB-5, as long as the loan was lawfully sourced and secured by assets owned by the investor. Now the restriction of "secured" loan has been removed.

In Zhang v USCIS the court ruled that plain language of the regulation means that unsecured loans from anyone, even unrelated third parties are acceptable for EB-5 purposes--dramatically expanding the use of loans in EB-5. Since the ruling was based on plain language, no Chevron deference was given. The plain language of the regulation binds USCIS as it binds anyone else.

This ruling greatly expands the EB-5 market because many countries tax gifts but not loans. Relatives may also be more willing to loan money rather than gifting it, thus dramatically expanding the capital accessible to a prospective EB-5 investor. We expect that this ruling will dramatically expand EB-5 markets especially in countries like India.

Please let us know your thoughts by writing to us at editor@ilw.com

Article: EB-5 Funds Obtained From Unsecured Loans Now Legal Under Zhang By Matt Gordon

Article: Three Ways to Save An EB-5 Investor in A Failing Project By Joseph Barnett

Blogging: Green Card Issued for Unaccompanied Minor from Central America By Matthew Kolken

Blogging: Cancelled Immigration Court Hearings Grow as Shutdown Continues By Matthew Kolken

News: NAIJ Urges Congress to End Government Shutdown

News: OFLC Issues H-2B Processing Announcement

Focus: H1B to EB5
Exhibition/speaking opportunities for January 2019 H-1B events are available. Please see below for our current H1B to EB5 Expo schedule:

  • Miami, FL - Monday, January 7 ( closed )
  • Dallas, TX - Wednesday, January 9 ( closed )
  • San Francisco, CA - Friday, January 11 ( closed )
  • Atlanta, GA - Monday, January 21 ( 3 Seats Available )
  • Seattle, WA - Wednesday, January 23 ( 1 Seat Available )
  • San Jose, CA - Friday, January 25 ( 2 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 matters. The only way an immigration attorney can participate and speak at this event is if they are nominated by an issuer who is exhibiting at the event (there is no fee charged to immigration attorneys).

EB-5 Issuers only - $3,999 per city for H-1B Event
(Inquire about Discounts and also about Platinum Level)

For more info please call (212)545-0818 or email webmaster@ilw.com or click here.

Headline: Government shutdown leads to nearly 43,000 canceled immigration hearings Click here
Headline: McConnell blocks House bill to reopen government for second time Click here
Headline: Court upholds £20k fine for partner over abusive immigration claims Click here
Headline: Federal judge rules against Trump administration's plan to add 2020 census citizenship question Click here
Headline: Most voters believe there’s a border crisis — but they don’t think Trump’s wall will solve it Click here

Help Wanted: Immigration Attorney
Los Angeles, CA - Dayzad Law Office is seeking a Immigration Attorney. Unique opportunity to become a top immigration attorney through extensive training, mentorship, and seminars. Infinite potential for advancement. Clients include prestigious international companies as well as families. Reflecting our successful immigration strategies, the managing attorney has been selected as a Super Lawyer, received the Avvo Client’s Choice Award, and also educates the public by serving as an immigration expert on CNN, ABC, and CBS. Check us out at www.DayzadLaw.com. This is a career position—not an internship. Benefits: We will help you relocate to sunny Los Angeles! Benefits include medical, discounted dental & vision, paid time off, paid holidays, a retirement plan, transportation, Cal Perks, bar dues, and discounted pet insurance. Requirements: Bar license in any state; 1 – 2 years’ experience in employment-based or family-based immigration as an immigration attorney or paralegal; Excellent written and verbal communication skills; Proficiency with case management software, preferably for immigration cases; High accuracy with details and a positive attitude. Please submit the following to legalassistant@dayzadlaw.com : resume, recent 2-5 page writing sample , and cover letter including 1) why you are interested in this position, 2) salary request, and 3) earliest available start date. All applications will be kept confidential.

Help Wanted: Immigration Attorney
New York, NY – Cyrus D. Mehta & Partners PLLC, a highly regarded New York immigration law firm, seeks a well-rounded immigration attorney who will enjoy working in a broad range of immigration practice areas including H-1B, L-1, O-1, PERM, EB-1, consular processing, adjustment of status, naturalization, waivers, family petitions, and appeals. The ideal candidate must be detail oriented, capable of managing a large caseload, possess excellent writing skills and have a voracious appetite for research and scholarship. Must also be admitted to the NY bar and possess at least 2+ years of a broad range of experience in immigration law with an emphasis on business immigration. Salary commensurate with experience + benefits (health + 401k). Please email your cover letter and resume to resumes@cyrusmehta.com

Letters of the Week

ComingsNGoings: Immigration Event
Pembroke, NC - January 16, 2019 3:45 p.m. CIS at debate on immigration policy. University Center Annex, University of North Carolina, Pembroke, 1 University Drive, Pembroke, NC 28372-1510 For more info see: https://www.uncp.edu/news/school-business-hold-immigration-debate-0


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