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    Published on 05-23-2013 02:55 PM

    What Is the Correct Authority Citation For A Regional Center Termination

    by Joseph Whalen

    Did it, or does it bother anybody else but me that the Victorville and El Monte Termination Decisions were labeled the way they were, with only Victorville posted at all and in the wrong?

    The final AAO decision upholding termination is located in the folder entitled: K1 - Request for Participation as Regional Center instead of the K2- Termination of Participation as Regional Center .

    The actual cover pages of those decisions cite the following information:

    “APPLICATION: Proposal for Designation as a Regional Center Pursuant to Section


    Published on 05-23-2013 02:43 PM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    Section by Section Summary of S.744 (With Amendments)

    OK, I hope I've organized this all correctly and some amendments won't have correct section numbers until the drafters get to it, but I think you will be able to follow.

    Published on 05-22-2013 04:57 PM

    Immigration Bill Proposes New U.S. Immigration Options for Investing in New Ventures, Entrepreneurial Startups, and Technologies

    by Vinh Duong

    As the push for immigration reform hits a fevered pitch on Capitol Hill, much of the debate has centered around securing our borders and how to find a pathway to citizenship for the estimated 11 million undocumented immigrants in the United States. Emerging with equal force in the immigration debate are pro-business groups and entrepreneurs who are pushing Washington to pass sensible and meaningful immigration legislation, including creating a visa and "green card" program that encourages ...

    Published on 05-22-2013 04:39 PM

    Taking On The Confusion About Tenant Occupancy

    by Joseph Whalen

    With the overwhelming tidal wave of neophytes to EB-5 seeking Regional Center Designation, it is no surprise to me that so many were mistaken about what would be EB-5 compliant or not. This is a valid reason for a high denial rate, initially. Just wait.

    The concept of counting the employees of third parties is not a new concept to EB-5. There is however, a proper way to approach the matter. The big "to do" over nothing, nothing being "Tenant-Occupancy", was due to a series of errors by newbies to EB-5. Those newbies exist both at USCIS and in the private sector.

    The bulk of the problem came from outside of USCIS. People who were immigration practitioners for years but had never dealt with and probably never even heard of EB-5 began to hear about it and only saw dollar signs. These uninitiated neophytes ran head first into the sea of misinformation and misunderstanding thus, making it into an ocean of nonsense. People vaguely heard of utilizing "tenant" businesses' employees as indirect employees to satisfy job creation requirements and heard absolutely nothing that followed. So, without a sufficient understanding they ...

    Published on 05-22-2013 04:06 PM

    Bloggings on Immigration Law

    by Danielle Beach-Oswald

    New Hope for Immigration Reform in the United States: An Analysis of the Proposed Legislation


     The 2012 presidential election campaign demonstrated the growing power of Latino voters in key states such as Texas and California and gave new political life to long-stagnant efforts at immigration reform.  In this context, on April 16, 2013, a bipartisan group of Senators, known commonly as the "Gang of Eight," introduced an 844-page bill titled, The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744) that, if passed, will significantly change the U.S. immigration system, in both positive and negative ways.  It is currently estimated that 11.5 million undocumented immigrants are living in the United States, and the legislation currently proposed is geared towards legalizing their status and providing the first major overhaul of the immigration system since the Ronald Reagan administration in the 1980s.


    The analysis below draws largely from an extensive summary of the bill’s contents provided by the Democratic Policy and Communications Center (DPCC).[1]  As of this writing, the bill has not yet been voted on in the Senate or taken up in the House of Representatives and so its contents are still subject to change.  However, an analysis of the bill in its current form is warranted, as it is the clearest and most comprehensive indication of the future of immigration law in the United States. 


    Major Changes

    As it is currently written, the legalization of currently-undocumented immigrants (who would acquire legal status) is contingent upon several “triggers,” not least of which would be expanded resources and enforcement measures in the area of border security. To that end, the proposed bill would allocate $3 billion to fund enhanced border and immigration security measures, including the development of a border security fencing plan by the Secretary of Homeland Security, a “mandatory and operational” Electronic Employment Verification System (EEVS, more commonly known as E-Verify), and the implementation of “a biographic entry-exit system at air and seaports.”


    Registered Provisional Immigrant Status

    The law would provide a new form of relief called Registered Provisional Immigrant (RPI) Status.  Undocumented immigrants who came to the U.S. before December 31, 2011 and have continued to reside in the U.S. would be able to apply for RPI status.  In the long march towards permanent residency and eventual citizenship, RPI applicants would be required to pay multiple fines and fees and any back taxes, pass multiple background checks, show that they are working to learn English (if they ...

    Published on 05-22-2013 01:54 PM

    Bloggings on Deportation and Removal

    by Matthew Kolken


    Published on 05-22-2013 01:17 PM

    Bloggings on Immigration Law

    by Roger Algase

    I am not a sociologist, so I have no intention of stepping into the controversy between ID's May 21 editorial and Representative Judy Chu over the relative importance (no pun intended) of sibling relationships for immigration purposes. Sibling relationships, one can be quite sure, have run the gamut from negative to positive in every culture and every era ever since (and no doubt long before) the question "Am I my brother's keeper?" was asked in the Book of Genesis.

    To give, another, more recent and positive, example of the importance of a sibling relationship. one of my clients, who had been waiting more than a decade for a 245(i) F4 petition by her USC sister to be approved, was able to have her removal proceeding terminated and her green card approved when the sister's I-130 petition was finally approved. If CIR passes in its present form, many thousands of people like her will be denied an immigration lifeline of this ...

    Published on 05-22-2013 12:01 PM

    Bloggings on Nurse and Allied Health Immigration


    by Chris Musillo

    On February 1, 2013, the USCIS instituted an additional $165 Immigrant Fee for immigrants who received their visas at U.S. Embassies and Consulates abroad.  The fee allows USCIS to recover the cost of processing the immigrant visa package and other information as well as producing and delivering the permanent resident card after immigrant visa holders are admitted to the United States.  This fee is in addition to the Department of State NVC immigrant visa fee.

    Immigrants who receive their visas at must pay the fee online.   USCIS has moved the online payment of the USCIS Immigrant Fee to its Electronic Immigration System.  Customers must now pay the $165 USCIS Immigrant Fee using USCIS ELIS after they receive their immigrant visa package from the Department of State and before they depart for the United States. 

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    Published on 05-21-2013 02:51 PM

    Liar Liar Pants on Fire

    by Joseph Whalen

    The following excerpt is from Han v. Holder , No. 11-2114 (2nd Cir. May 14, 2013) (unpublished) and it got me thinking about the issues of credibility and falsification of evidence).

    “Han was not credible. See Rui Ying Lin v. Gonzales, 445 F.3d 127, 133 (2d Cir. 2006) (discussing the maxim of falsus in uno, falsus in omnibus (false in one thing, false in everything)); Siewe v. Gonzales, 480 F.3d 160, 170 (2d Cir. 2007) (relying on the maxim to find that once an IJ concludes that a document is false, he or she is “free to deem suspect other documents (and to disbelieve other testimony) that depend for probative weight upon [the applicant’s] veracity”).

    The adverse credibility determination is further bolstered by the IJ’s demeanor finding. Although Han argues that the IJ’s observation of her demeanor is not supported by the record, we give particular deference to the trier of fact’s assessment of demeanor. See Majidi, 430 F.3d at 81 n. 1 ………”

    Lin was heard before three judge panel. The opinion was written by Circuit Judge Sotomayor. I think it is a worthwhile endeavor to read the thoughts on this subject matter which were penned by a current Supreme Court Justice, don’t you? You probably should especially in the immigration context where lies abound.

    “The IJ treated Lin's evidence as ...

    Published on 05-21-2013 02:41 PM

    AILA Has A Hammer

    Harry DeMell

    The American Immigration Lawyers Association is in need of reform. Between now and the annual conference its members should request a new debate about the direction AILA is going, who will lead it and what it will stand for.

    AILA has a hammer. It's like the parable ...

    Published on 05-21-2013 02:29 PM

    Brown Around Town: The Science of Background Checks

    by Jan H. Brown

    About The Author

    Jan H. Brown is a ...

    Published on 05-21-2013 02:16 PM

    A Rose By Any Other Name - May Not Be So Active Management

    by Matt Gordon

    In the lone amendment of S. 744 passed by voice vote in committee on May 16, 2013, was a potentially important and equally easy to overlook change to the section heading in section 4805.* Previously the section was entitled, “Alien Entrepreneurs”, which pursuant to the amendment was struck and replaced with the heading “Employment-Based Immigrants”.*

    This seems to imply a very important shift in the legislative intent for post-investment activity by the petitioner.* 8 CFR §204.6 (j) requires that petitioner show proof that he or she “… is or will be engaged in the management of the new commercial enterprise, either through the exercise of day-to-day managerial control or through policy formulation, as opposed to maintaining a purely passive role in regard to the investment.”

    The new section heading implies a clear departure from the intent that the petitioner actively manages the business which is the recipient of his or her investment capital. According to the Merriam-Webster dictionary, an entrepreneur is “one who organizes, manages, and assumes the risks of a business or enterprise.”* The existing requirements of subsection (j) were entirely consistent with this definition.* The new section heading, “Employment-Based” is both in the passive voice and result oriented.* The heading says nothing about who creates or manages the business that creates the employment.* Further, so long as the desired employment is created by the new commercial enterprise that is the recipient of the petitioner’s investment capital, the petitioner would satisfy the policy mandate of being an ‘Employment-Based Immigrant’.

    Of the many changes and improvements offered by S.744 for the EB-5 program, this in particular, holds the potential to provide additional pathways to apply EB-5 capital to business models which, under the existing regime, would be far more difficult.


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