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Democratic Presidential Candidate, Hilary Clinton has named Senator Tim Kaine of Virginia as her Vice-Presidential running mate.
A look into Tim Kaine’s past positions on immigration reveal that he has supported steps towards reforming America’s immigration system, has spoken out against punitive, anti-immigrant measures at the state level, and has made significant efforts to reach out to the immigrant community.
In 2010, while serving as Chairman of the Democratic National Committee he admonished Arizona’s notorious, anti-immigrant measure SB 1070, calling it “small-minded and short-sighted.”
In 2015, he made public statements in support of the Deferred Action for Childhood Arrivals (DACA) initiative noting that the “DACA program announced by the President has allowed young people to contribute to our communities, live without constant fear of deportation, keep families together and provide economic and educational opportunities for these young recipients.”
His current Senate website notes that he supports the Obama Administration’s ongoing efforts to expand DACA and implement DAPA. He writes: “I also support efforts to expand the Deferred
This post is an updated version of the article included in the NES Financial Navigating a Changing EB-5 Sector: Insights from Experts 2016 Summer eBook, which can be downloaded for free here.
The immigrant visa backlog for EB-5 investors subject to the China quota threatens to undermine the EB-5 Immigrant Investor Program (“EB-5 Program”). Chief amongst the many factors that have caused the formation of this backlog are demand from mainland China that constitutes over 80% of investors. Unless and until remedies are created at the legislative and/or executive level to reduce the long waiting times, the ability to use the EB-5 program as an avenue for immigration will decrease. This article looks to current data released by U.S. Citizenship and Immigration Services (“USCIS”) and the U.S. Department of State (“DOS”) to demonstrate how the immigrant visa backlog for Chinese EB-5 investors has been created.
EB-5 Visa Allocation
The Immigration and Nationality Act (“INA”) allocates an annual amount of 10,000 immigrant visas to EB-5 investors and their derivative beneficiaries. This EB-5 immigrant visa quota was established in 1990, has never been changed, and until recently, has been sufficient to meet the demand for EB-5 immigrant visas. Immigrant visas issued to each derivative beneficiary are charged to the principal beneficiary’s preference category. In FY 2015, the DOS issued a total of 8,773 immigrant visas to EB-5 principal and derivative beneficiaries. Of those issued, 2,919 (33%) were issued to principal beneficiaries, while 5,854 (66.7%) were issued to derivative beneficiaries. An additional 991 visa numbers were used by USCIS to complete adjustment of status cases in the U.S. Accordingly, with an average of three green cards issued per approved Form I-526 petition, approximately 3,100-3,300 EB-5 investor family units are able to immigrate annually.
Increased Filings and Processing Times of Form I-526 Petitions
Despite the many contentious issues in the EB-5 arena resulting in calls for reform, the EB-5 Program has never been more popular among foreign nationals, especially those from China. Over 20,000 petitions remain unadjudicated in the pipeline at the Immigrant Investor Program Office (“IPO”) in Washington, D.C., and another 20,000 approved visa applicants are waiting for final green card interviews to be scheduled. A record breaking 12,852 new Form I-526 petitions were filed during the 6-month period from July 1, 2015 through December 30, 2015. This unprecedented surge was due to the sunset of the program and the announced increase in the minimum investment amount, as well as the possibility of other reforms to the EB-5 Program. At the same time, the average processing time to adjudicate a Form I-526 petition has increased to 16.6 months as of May 31, 2016.
Fewer Adjudications, and Increased Denials, of Form I-526 Petitions
Originally published December 31, 2010, this MurthyDotCom NewsBrief has been updated for our readers.
The PERM labor certification process is lengthy and complex. While many receive good news at the end of the process, some PERM decisions are not favorable. The Murthy Law Firm often receives inquiries from individuals and their employers following their receipt of PERM denials. These employers and employees all have one overriding question: "What should we do now?"
Overview of Key Considerations
Most audited PERM cases have been pending for a long time - often close to two years. Thus, a denial can be devastating news. There are concerns about eligibility for H1B status extensions for foreign nationals who are close to or past their six-year limits. There are concerns about losing priority dates in cases that cannot succeed. There are questions as to whether appeals or requests for reconsideration are just a waste of time and money at this point. And of