Comment: EB-5 Regulation Countdown Begins

The EB-5 Modernization Regulation has been sent to OIRA/OMB to be published as a Final Rule. It typically takes a few months for OMB's review to be complete. The regulation contains four things 1) Massive Increase in Investment Amounts. 2) Centralized TEA designations 3) I-526 Portability 4) Technical Corrections.

Increasing EB-5 Investment amounts without a corresponding increase in the number of jobs makes the US Investment Immigration program more in line with other countries but seriously undercuts EB-5 as a job creation program. By the basic law of supply and demand, just by increasing the price of creating the same 10 jobs, less such jobs will be created. This sounds like pure job destruction. It is puzzling why this Obama era rule has moved forward especially when it is against the stated American job creation agenda of the Trump administration. At a minimum, a staggering of the increases in the investment amount, raising it in steps over time, for example, $500K, $600K, $700K and $800K spread over three years would cushion the job loss.

The EB-5 industry appears to be counting on Congress to overrule the regulation by enacting a new EB-5 statute. That strategy is misplaced. Congress is highly unlikely to take up EB-5 (which it regards as a relatively minor immigration issue) before resolving what are the major immigration issues such as DREAM. If people are hoping that publishing a bad regulation will goad Congress into providing a more palatable solution, they are playing with fire, and they will get burnt.

There will surely be a grace period, probably 45-days or 60-days, prior to the new EB-5 rule going into effect. Once the regulation is published with the grace period in black-and-white, the wolf will be howling through the world. India will rocket forward in investments with perhaps 1000-2000 investments during the grace period. Perhaps another 1000-2000 investments will materialize from other countries during the same time. ILW is conducting many events to ensure that issuers can make the most of this opportunity, please write to for more info, or call us at 1-212-545-0818, or get info online. Don't wait for the regulation to be finalized, make plans to cash in on the EB-5 bonanza now.

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Focus: India Custom Expos

  • We will help you locate cities and countries with strong EB-5 demand for your type of project
  • We will quickly put you in front of investors and agents to present your project to
  • Custom Expos duration can vary from 4 days to 8 days – flooding you with many prospects in a short time
  • "Boots on the ground". ILW will help you in forming your network or augmenting your network in these countries
  • Feedback on the attractiveness of your deal terms to investors from this country, and effectiveness of your marketing collateral

Expo featuring seminar and exhibition
Meetings with investors and agents

Please bring brochures, PowerPoint presentation, table displays and business cards

Special Note for Attorneys: The only way an immigration attorney can participate and speak at this event is if they are nominated by the issuer exhibiting at the custom expo. (there is no fee charged to immigration attorneys).

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For more information, please call (212)545-0818 or email webmaster@ilw.comor click here.

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Arlington, VA - Catholic Charities Diocese or Arlington is seeking for Immigration Attorney. Immigration Staff Attorney will prepare a wide range of immigration cases for submission to US Citizenship and Immigration Services (USCIS), Department of State, Immigration Court and the Board of Immigration Appeals. She/he will represent clients before the USCIS Washington District Office, Arlington Asylum Office, ICE Office of Enforcement and Removal Operations, Immigration Court and Board of Immigration Appeals, (BIA), including removal proceedings. Staff Attorney will coordinate all aspects of a client’s case, including client communication, relevant research, drafting personal statements preparing immigration forms, writing briefs, drafting court motions and orders, and advocacy with law enforcement and other agencies. Assist in the supervision of volunteers and student interns. Solicit the help of volunteer attorneys, paralegals, and others to assist with the provision of services when necessary; Provide in-service training to staff and volunteers on immigration-related skills and knowledge; Participate as needed in agency and program-wide data collection, fundraising, training, and strategic planning; Participate in meetings with immigration legal service community-based organizations; Participate on a periodic basis in day-long weekend naturalization workshops; Juris Doctor degree and admission to the bar of any state; Minimum of two-three years of experience practicing family-based immigration law; Advanced proficiency in Spanish and English (writing and speaking) required. for full details and to apply.

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