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Focus: EB-5 Regional Center Roundtable May 26
ILW.COM is pleased to present a monthly telephone seminar series for existing EB-5 Regional Centers and for developers and dealmakers planning to apply for Regional Center designation or establish syndicated EB-5 investments involving multiple investors.
Each 30-minute session is presented at no charge. The sessions feature renowned immigration lawyer, Angelo Paparelli, and invited experts focusing on current developments and best practices in the EB-5 arena from the point of view of Regional Centers and syndicated EB-5 investment entities.
Issues affecting individual investors will also be covered but only from the perspectives
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:
When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee’s eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014).
When there is a material change in the terms and conditions of employment, the petitioner
Indian nationals received nearly 70 percent of H-1B visas for specialty occupations such as computer programmers in FY 2014. Both China and India have overtaken Mexico as the top source countries of recent immigrants to the United States. (Photo: Saad Akhtar)
For the first time in decades, Mexico is no longer the top source of recent immigrants to the United States, having been overtaken by China and India. The historic shift that occurred in 2013, documented in a recent U.S. Census Bureau study, reflects an acceleration of Chinese and Indian immigration over the last decade, and is the latest sign that large-scale Mexican migration to the United States—once taken for granted—appears to be winding down. The new prominence of Asian migration may herald a significant and long-term transition in the demographics of future U.S. immigration.
Of the 1.2 million recent immigrants counted in 2013, China was the leading country of origin, with 147,000, followed by India with 129,000, and Mexico with 125,000. The margins among the three countries have narrowed in recent years. In 2012, Mexico was the source of 125,000 recent immigrants, China 124,000, and India 113,000. The Census Bureau defines recent immigrants as foreign-born individuals who resided abroad one year ago, including lawful permanent residents, temporary nonimmigrants, and unauthorized immigrants.
The shift in top migration source countries is remarkable because it happened so rapidly. Less than a decade ago, recent immigrants from Mexico outnumbered those from China and India, each by sixfold. Even as Chinese and Indian migration has risen steadily, Mexican flows have declined much more swiftly (see Figure 1). Still, the current composition of U.S. immigrants reflects earlier flows: Mexicans, who represent 11.6 million of the 41.3 million foreign born in the United States, remain by far the largest group. In comparison, there are 2 million immigrants from India and 1.8 million from China.
Despite China’s recent gains, immigration from India is likely to grow even more quickly. Indian immigrants already outnumber those from China and therefore have slightly more potential to increase their numbers through family-based channels. Some basic demographics also reinforce India’s advantage. The average size of a Chinese family is 3.02 people, according to the Chinese National Health and Family Planning Commission, largely to due China’s “one-child” policy instituted in the 1980s. The average size of an Indian family, on the other hand, is 5.3 people, per the Indian census. While China’s population is aging, India’s population is relatively young and continues to grow (47 percent of the population is younger than 25, compared to 32 percent for China). Indeed, by 2028, India is expected to overtake China as the world’s most populous country. Moreover, diaspora research has shown that China is more successful in attracting return migration, while Indian nationals who are educated and gain work experience in the United States are more likely to stay permanently.
Potential Impacts of Current Immigration Policy Debates
Despite years of congressional gridlock on immigration, there has been considerable bipartisan consensus for an overhaul of the legal immigration system. Legislative proposals to increase the number of permanent resident visas, especially in employment-based categories, including for immigrant investors and entrepreneurs, have gained widespread support. So have proposals for raising the number of H-1B visas for high-skilled specialty workers, currently capped at 85,000 annually and distributed by lottery due to overwhelming demand. Should Congress adopt these or similar proposals, nationals of India and China are likely to benefit the most, as they predominate in current U.S. high-skilled programs. Over the longer term, their growing