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  • February 1 - Grassley and Leahy Pawns

    Comment: Grassley and Leahy Pawns
    The Senate Judiciary Committee will hold an oversight hearing tomorrow styled: "The Failures and Future of the EB-5 Regional Center Program: Can it be Fixed?" Appearing before the committee will be USCIS's Chief of the Immigrant Investor Program and SEC's Associate Director of the Enforcement Division. The following may or may not be among the questions asked to them, we will have to see:

    • If the RC program is riddled with failures and fraud, and China dominates EB5 applications to the tune of 80% or more, perhaps a partial answer for the agencies' problems would be to pause Chinese 526 processing for a short time, while the agencies look at failures and frauds tracing back to customary practices of Chinese migration agents?
    • USCIS has seen fit to approve a RC owned in part by a Chinese government entity - should not processing for 526s associated with this RC be paused until a thorough FBI counter-intelligence review is complete?
    • To the extent that no enforcement steps can be effective unless benchmarked against a goal to be achieved, what are USCIS and SEC doing to measure the reduction in the role of Chinese migration agents in the EB5 eco-system as a worthy goal for American enforcement efforts? Or is the plan to continue to permit Chinese migration agents to dictate to USCIS/SEC how EB5 is to be?
    • Since job creation is the raison d'etre for EB5, and in the event that USCIS has the authority to decide this, how about reducing the capital amount required in TEAs to $250k to spur more investment in labor-intensive sectors in USA? (This would also have the effect of diversifying EB5 capital sources away from China, and make therefore for a stronger EB5 program.) Or is USCIS's plan to further enrich Chinese migration agents by raising the capital amount higher than $500k to increase American dependence on the Chinese market for EB5?

    It is alleged by some in the EB5 industry that while there is disagreement on TEAs, there is widespread agreement on "integrity measures". However, it is entirely possible that several significant players in the EB5 industry benefit from insufficient enforcement and inadequate integrity rules. If there really is consensus on "integrity measures", then what is Congress waiting for - why can't these be enacted in February? Perhaps the reason to wait for September is to then use the excuse of the general election to kick the can down by another year, thus perpetuating bad industry practices. This would seem to be the case, since it is apparent that Senators Grassley and Leahy are not calling the shots on EB5. Events in December 2015 made clear that the key actors with real power over EB5 are Senators Cornyn and Schumer who appear determined to extend current industry bad habits for as long as possible. Regardless of which way this goes - whether Mr. Grassley and Mr. Leahy succeed in asserting the authority that the Judiciary Committee has traditionally had over immigration matters, or whether Mr. Cornyn and Mr. Schumer succeed in subverting the authority of the Judiciary Committee, immigration finally has, in the form of EB5, hit the big time - EB5 has the full attention of leaders of both parties to the extent that regular order in the Senate is now an open question. We wish Senators Grassley and Leahy luck tomorrow, they will need it.

    Share your thoughts by writing to editor@ilw.com

    Article: Preserving H-1B Extension For Spouse And Freezing Age Of Child In Rule Impacting High-Skilled Nonimmigrant Workers. By Cyrus Mehta

    Article: Undocumented Population Continues to Decline in the U.S.. By Joshua Breisblatt


    Blogging: Do Trumped-Up "Birther" Attacks on Obama and Cruz Disqualify Donald? By Roger Algase

    News: USCIS Message: Important Guidance For Employers Conducting Internal Form I-9 Audits

    News: USCIS Message: Jury Convicts Columbus Man of Illegally Gaining Citizenship

    Focus: The Physician Immigration Book - Price Reduced
    ILW.COM is pleased to present The Physician Immigration Book edited by Robert Aronson.
    Contributors: Articles by Ana Acosta, Mary Amundson, Robert Aronson, Lisa Atkins, Therese Bart, Janice Bianco, Ingrid Brey, Brian Bruner, Elise Bruner, Jacqueline Bucar, Lisa Claypool, Kristi Crawford, Karen Dean, Alex Dgebuadze, Robert Divine, Goldie Domingue, Maria Fritzinger Elias, Eleanor Fitzpatrick, Roberta Freedman, Kristen Harris, Wendy Hess, Dayna Kelly, Khorzad Mehta, Jennifer Minear, Bruce Morrison, George Newman, Elizabeth Neuwirth, Karen Pollins, Ana Pottratz Acosta, Jennell Prentice, Elizabeth Quinn, Michelle Scimecca, Suzanne Seltzer, Carl Shusterman, Greg Siskind, Rita Sostrin, Tim Skinner, Sarah Peterson Strensrud, Margaret Stock, Hamel Vyas, Tracy Wallowicz, David Ware, Nathan Waxman, Andrew Wizner and Robert Whitehill.

    The book outline is as follows:

    • Introduction
    • The Physician Workforce And Healthcare Realities
    • The J-1 Exchange Visitor Program: Views From The Inside And The Outside
    • Starting The Immigration Process: The Art Of The Client Intake Process
    • J-1 Waiver Strategy And Practice For Physicians
    • H-1B Temporary Worker Considerations And Strategy For Physicians
    • Assessing All Possibilities: Other Nonimmigrant Visa Options For Physicians
    • Long Term Options: Permanent Residence And Naturalization
    • Compliance Considerations
    • Designing A Better Mousetrap: Some Thoughts On Legislative Reform

    For more info on The Physician Immigration Book and to order:
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    Headline: 'Driving Cards' for Immigrants in N.M. Come Under Fire Click here
    Headline: The Case for Keeping Immigrant Newspapers Like 'El Diario' New York Alive Click here
    Headline: Citizen or Immigrant, Latinas May Have to Sign Up for Military Draft Click here
    Headline: Ensuring Due Process Protections for Central American Refugees Click here
    Headline: The Quad : Donald Trump absent as candidates focus on immigration, religion Click here
    Headline: U.S. Sen. Pat Toomey: End sanctuary-city policies that make Philadelphia and nation less safe Click here
    Headline: In the Loop: Court Rules Undocumented Immigrants Can't Sue the Board of Regents Click here

    Help Wanted: Immigration Attorney
    San Francisco, CA. We are actively seeking a dedicated, experienced mid-level Corporate Immigration Attorney to join our firm! This individual will work closely with administrative and legal staff, clients, and Pearl Network Partners in order to support the office and exercises a high degree of technical competence and administration ability. It is common for a position of this seniority to manage multiple corporate immigration accounts. RESPONSIBILITIES: Reviewing and processing incoming documents. Corresponding with clients and third-party vendors. Writing and editing documents. Occasional offsite travel. SKILLS: Capacities to prioritize, manage, and implement multiple projects in a fast-paced, deadline driven environment. Ability to work with ambiguous or unclear requirements, and drive to a successful resolution. Strong organization, time management and multi-tasking abilities. Solid analytical and problem solving skills with the ability to formulate and communicate recommendations for improvement. Have the ability to work effectively with others and have great interpersonal skills. Must be willing to accept responsibility and show good judgment, initiative, and resourcefulness. EXPERIENCE: A current license to practice law in the United States. Minimum of five to seven years of corporate immigration. PERM five years' experience supervising paralegal staff and multiple immigration accounts. For immediate consideration, submit the following: Cover letter; Resume; Legal writing sample (maximum 5 pages); References (minimum of 3) to HRLegal@immigrationlaw.com.

    Help Wanted: Immigration Attorney
    Stamford or New Haven, CT. Wiggin and Dana LLP, a full-service law firm representing clients throughout the country and abroad seeks an experienced Business Immigration Associate for its Stamford or New Haven, Connecticut office. Applicants must have 3+ years of employment-based immigration experience, including nonimmigrant (H-1B, L-1, TN, O-1, E-1/E-2, etc.) and immigrant (EB-1, EB-2, EB-3) visa petitions, complex RFE responses, PERM cases, and extraordinary ability petitions. Excellent writing skills and top academic credentials are required. Please visit the Career Opportunities page at www.wiggin.com to complete an online application.

    Letters of the Week:

    ComingsNGoings: Immigration Event
    February 10, 2016, 2 - 3pm (Eastern). U.S. Citizenship and Immigration Services (USCIS) will hold a stakeholder engagement to discuss the Department of Homeland Security's (DHS) final rule, "Enhancing Opportunities." This is one of the recommendations published in the White House Report for Modernizing & Streamlining our Legal Immigration System for the 21st Century. USCIS will provide an overview of the regulatory revisions reflected in the final rule and respond to non-case specific questions. For more information and registration instructions see here.

    An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2016 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.
    Publisher: Sam Udani ISSN: 1930-062X
    Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Lory Rosenberg, Greg Siskind, Joel Stewart, Margaret Wong
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