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    Published on 10-23-2017 03:43 PM

    China’s Currency Exchange Controls: Is Bitcoin the Perfect Solution?

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    One of the most commonly raised questions from our Chinese clients is: How do I get my money out of China?

    It is a well-known fact that under China’s currency exchange controls, Chinese nationals are only allowed to exchange $50,000 annually. In the past years, Chinese investors have been mainly using the following methods to export Chinese currency out of China:

    • Assistance of friends and family. The investor recruits a group of friends and family (usually 11-12 individuals for a $500,000 investment) who exchange $50,000 each and transfer thea said funds to the investor’s account overseas. Widely known as “ant migration,” this method basically turns currency exchange into a team project. Further restrictions placed by the Chinese regulators this year has made the process even more excruciating for the Chinese investors.
    • Parallel transfer. This involves a single intermediary who accepts the RMB funds in China and transfers U.S. Dollars of equivalent value from an ...
    Published on 10-23-2017 02:44 PM

    H1B Alert: CIS is WRONG About Level 1 Wages RFE

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    Employment issues are this year's justification for the slew of RFEs CIS issued targeting computer programmers applying for H1B visa status.

    The problem arises when employers mark the occupation as Level 1 Wage on the Labor Conditions Application (LCA) they must file. CIS released a memo in late March indicating that computer programmers at Level ...

    Published on 10-23-2017 02:39 PM

    Chinese Immigrants in the United States

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    Chinatown-ThomasHawk-Flickr

    Chinese Immigrants in the United States The Chinese represent the third-largest immigrant population in the United States, their numbers having grown rapidly in recent decades. The population is atypical in some respects: Far more highly educated and likely to have come via student and employment pathways than the overall U.S. foreign-born population. This Migration Information Source article offers key data on Chinese immigrants , including top destinations, incomes, and English proficiency.

    SPT-China-2017-F1-600x266

    The United ...

    Published on 10-20-2017 02:57 PM

    An American Could Do the Job

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    On April 18, 2017, President Trump signed the Buy American and Hire American (BAHA) Executive Order, which seeks to create higher wages and employment rates for U.S. workers and to protect their economic interests by rigorously enforcing and administering our immigration laws. It also directs DHS, in coordination with other agencies, to advance policies to help ensure ...

    Published on 10-19-2017 10:22 AM

    Employers Beware: Ice Director Warns Of ‘quintupling’ Worksite Enforcement Actions

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    In statements made to the Heritage Foundation on October 17, acting Immigration and Customs Enforcement (ICE) Director Tom Homan stated that he has instructed the agency to potentially quintuple worksite enforcement actions next year.

    As reported by CNN , Homan stated that "We've already increased the number of inspections in work site operations, you will see that significantly increase this next fiscal year." Homan further elaborated that "When we find you at a worksite, we're no longer going to turn our heads," Homan elaborated after the event. "We'll go after the employer who knowingly hires an illegal alien[.]”

    Specifically, the news outlet reports that Homan directed agents of Homeland Security Investigations (HSI) to audit how much of their time is spent on worksite enforcement, and to accordingly ...

    Published on 10-19-2017 10:13 AM

    Case Study How to Answer the Level 1 Wage RFE

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    The short answer: get help! This is the most difficult RFE we've seen in many years, and definitely the most widespread. The sheer volume of Level 1 Wage RFEs pouring in from CIS onto H1B candidates is insanity. It is more important than ever that we take a stand and answer these RFEs for the sake of the H1B program, US STEM industries, and to continue to attract bright students to the United ...

    Published on 10-18-2017 04:02 PM

    Musings On Our Asylum System – After AG Sessions’ Remarks on ‘Dirty Immigration Lawyers’

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    Attorney General Sessions who has been hostile towards increased immigration and views the asylum system as a loophole for unauthorized entry into the US said in recent remarks that “over the years, smart attorneys have exploited loopholes in the law, court rulings, and lack of resources to substantially undermine the intent of Congress.” He got even more animated as he went on his diatribe about how the credible fear interview process is being gamed by those who would otherwise be expeditious removed. “We also have dirty immigration lawyers who are encouraging their otherwise unlawfully present clients to clients to make false claims to asylum providing them with the magic words needed to trigger the credible fear process,” he said.

    Sure enough, there have been a few lawyers who have filed fraudulent asylum claims and have deservedly faced punishment through criminal convictions. However, the vast majority of these supposedly dirty immigration lawyers are some of the finest people I have known who work with passion to ensure due process, fairness and justice. Mr. Sessions was appropriately rebuked by AILA President Annaluisa Padilla who said, “Attorney General Sessions chose today to deride the American asylum system, the vulnerable populations who seek safety here, and the immigration attorneys who work tirelessly to ensure due process is afforded to everyone,”

    The law surrounding political asylum is extremely complex, and one who fears persecution needs competent representation – and a lot of representation in the asylum arena is pro bono. An asylum applicant’s chances improve exponentially when he or she is represented by a good lawyer. ...

    Published on 10-17-2017 01:29 PM

    RFE Strategies for O-1B Cases

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    All immigration attorneys hate the dreaded Requests for Further Evidence (RFE). Current RFEs include boilerplate language, a misapplication of the law, and a total disregard for the documentary evidence to prove the evidentiary criteria.

    It is important to empower the client by presenting the various options to ensure that the client understands that RFEs are not a reflection of the strength of their case, but sometimes they are issued because of the lack of training of the immigration officer, the rapidity in which the immigration officer has to adjudicate, or because of the immigration officer’s misunderstanding of the law and the legal ...

    Published on 10-16-2017 02:14 PM

    Employment-Based Green Card Interviews are Coming – What We Learned from the Ombudsman’s Teleconference

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    USCIS recently announced that, beginning October 1, 2017, it will expand in-person interviews for employment-based Form I-485 applications for adjustment of status (“AOS”). Since the 1990s, common practice was for USCIS to adjudicate employment-based AOS applications at service centers, without in-person interviews. However, as part of USCIS’s efforts to comply with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” all employment based AOS applications will now be scheduled for in-person interviews at local field offices.

    On September 28, 2017, the USCIS Ombudsman’s Office held a teleconference with USCIS to discuss this new policy. Here are five things ...

    Published on 10-13-2017 11:05 AM

    Attorney General Sessions Attacks Asylum Seekers and Calls for More Fast-Track Deportations

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    During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an individual to seek asylum and to increase fast-track deportations.

    In his speech, Sessions focused heavily on America’s long-standing system that provides asylum to those seeking safety and protection, claiming it is “subject to rampant abuse and fraud.” He argued that increased claims of “credible fear”—where an individual apprehended at the border expresses fear of persecution if returned to their home country—are an indicator of asylum seekers abusing loopholes in the immigration system. ...

    Published on 10-12-2017 11:27 AM

    4 Tips for EB-5 Principal Applicants with Diminished Capacity, Such As Autism

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    In the past few months, our firm has been approached by parents with children with Autism or other special needs on whether such children are able to obtain an EB-5 visa. Although we have not received affirmative guidance from the U.S. Department of State (“DOS”) or USCIS, it appears this is a viable option, though each situation will be reviewed on a case-by-case basis.

    Here are four things to know on this topic:

    1. Can Child with Special Needs be Principal Applicant for EB-5? It’s potentially viable for such a child to be the principal EB-5 applicant with the appointment of an appropriate legal guardian who can act on the child’s behalf. Prior to making an EB-5 investment, the legal guardian should ask the Regional Center to affirmatively ...
    Published on 10-12-2017 11:15 AM

    “A Killer Deal” for EB-5 or a “Deal Killer”?

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    Just revealed… the “last, best and final offer” for the EB-5 program from the judiciary leadership of the House and Senate. During the past few weeks, the EB-5 industry stakeholders representing urban and rural interests have been busy meeting with Chairman Grassley and Chairman Goodlatte, behind closed doors whereupon the “ last, best and final offer” was formed. Senator ...


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