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  • November 3 - Renewal of EB-5 Program

    Comment: Renewal of EB-5 Program

    There is great concern in the EB-5 community that there could be legislative action in the last session of the current Congress in November & December that will modify the EB-5 Regional Center program. This fear is understandable, but the evidence does not bear out any reason for fear. Here is why:

    The key issue shaping what happens in the last session of Congress is lack of time. Regardless of which party wins control of either Chamber of Congress in the November election, and regardless of who wins the Presidential election; the primary business of Congress is appropriations. There are around 300 programs like EB-5 which are up for renewal. Given that Appropriations covers all government operations, Congress does not have time to make even cosmetic changes to these programs--especially if there is no overwhelming preexisting consensus.Congress simply does not have the time to resolve any contentious issues. In September, Congress did make changes to 3 programs - Zika, Flint water and Planned Parenthood of Puerto Rico but EB5 does not rise to this level of political importance.

    We expect the 300 programs including EB-5 to be renewed cleanly till September 30, 2017, and at the same schedule as the Federal Budget - EB5 constituents have not established political consensus for a shorter term extension.

    Turning to the Executive side, USCIS is expected to write comprehensive rules on EB-5 affecting TEAs, investment amount and integrity measures. It appears that such rules will be published before end of the year. We believe that USCIS will follow standard APA procedure, i.e., publish a proposed rule for comment later this year, which is not expected to go into effect as an interim final rule till next fall.

    So both through legislative and executive channels EB-5 is on track for significant change, but such change is not expected till next fall.

    Why then is there fear among the EB-5 community of legislative action? Some members of Judiciary committees on both House and Senate sides are scare-mongering because they would like to see changes--even though they do not have the power to effect any change--the issue is now above their pay grade. Along with all appropriations issues, the fate of EB-5 now rests directly with leadership of both parties in both chambers. In the scheme of all appropriations, there is simply no political capital available for something as small and as contentious as EB-5 in budget negotiations. Which means that status quo will prevail.

    Surprises can happen, but they are not very likely--that is why they are called surprises.

    Our best current analysis based on all the data available is that in spite of scary private and public posturings from some members of House and Senate Judiciary Committees, the EB-5 Regional Center program is set to be renewed cleanly till September 30, 2017. Share your thoughts by writing to editor@ilw.com

    Article: Potential Benefits of an Obscenely Huge Regional CVenter Application Fee by Joseph Whalen

    Blogging: Auto Accident with a Foreign National: How can this affect the claims process? by Bruce Buchanan

    Blogging: Deported Mothers Fight to Reunite with Their Children by Matthew Kolken

    Blogging: Immigrant of the Month: Nigerian Nobel Laureate Wole Soyinka Satys He Will Tear Up his Greeen Card if Trump is Elected by Roger Algase

    News: CRS Report on Department of Homeland Secutiry Preparedness Grants - a Summary and Issues

    Focus: The Consular Posts Book 2015-2016 Edition
    ILW.COM is pleased to announce The Consular Book 2015-16 edition, Coming Soon! The editor is Rami D. Fakhoury and contributing authors are Poorvi Chothani, Steven A. Culbreath, Dharamchand Depoo, Marc Ellis, Vic Goel, Edward S. Gudeon, Magdale Labbe Henke, Frederick W. Hong, Christi Hufford, C. Valerie Ibe, Priscilla J. Jones, Noah Klug, Jose E. Latour, Lesa Lawrence, Adam Lee, Mark Levey, Jakob Lipman, Susan Willis McFadden, Christy Nguyen, Claire D. Nilson, Curtis Pierce, Luis A. Pinilla, Jessica L. Rodriguez, Kristina Rost, Emmanuel S. Tipon, Alice Yardum-Hunter. The table of contents is as follows:

    The Book Contents: Major Consular Posts: Argentina, Armenia, Australia, Brazil, Canada, China, Colombia, France, Germany, Haiti, India, Jamaica, Nigeria, Philippines, Taiwan, Trinidad and Tobago, United Kingdom, Vietnam. Theory and Practice: Introduction; New Attorney Vulnerabilities in International Practice; Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts; Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul; The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks; Non-Immigrant Classes and Their U.S. Tax Obligations; E-1/E-2 Treaty Traders and Treaty Investors; The Consular Role in L-1 Blanket Petitions; H-1B "Dependent Employees": From Labeling to Lawbreaking; Temporary Assignment of H-1B Employees to Client Work Sites;
    State Department Name-Checks and Security Advisory Opinions (SAOs); ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces;
    What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions; A Template for Attorney Risk-Assessment; Resource Materials on CD-ROM

    For additional information, including author biographies and to purchase, please see:
    Online
    By Fax

    Headline: Trump: U.S. should accept 'tremendous numbers' of legal immigrants based on merit Click here
    Headline: Harsh treatment of immigrant youth exposes an unjust system Click here
    Headline: Hate Group's 'Fearmongering Video Compares Immigration To Terrorism Click here
    Headline: Where They Stand: Immigration Click here

    Help Wanted: Immigration Attorney
    Arlington, VA - The U.S. Committee for Refugees and Immigrants is seeking a full-time, Direct Representation Attorney in our Arlington, Virginia office. Duties and Responsibilities: Conduct immigration legal consultations to screen potential clients for immigration relief; Represent clients before state court, USCIS, EOIR, and BIA in a variety of immigration matters including: Asylum, Special Immigrant Juvenile Status, T-visa, U-visa, VAWA, Family reunification petitions, Adjustment of status, Naturalization, and Work authorization; Assist with training and supervision of volunteers, including interns and pro bono attorneys; Conduct outreach, lead trainings, and participate in networking activities; Make appropriate referrals to other service providers and relevant community partners;Other duties as assigned. Requirements: At least 2 years of experience in direct representation of clients in immigration proceedings; Family law experience a plus; Current bar membership in good standing to practice in DC, Maryland, or Virginia (Maryland and/or Virginia barred preferred); Experience working with immigrants, low-income communities, children, survivors of domestic violence, survivors or sexual assault, or other gender-based violence; Good communication skills, flexibility, and good humor highly desirable; Fluent in Spanish; Excellent professional judgement; Ability to hit the ground working, multi-task, and work independently. To apply and for more information please visit here.

    Help Wanted: Immigration Paralegal
    Arlington, VA - The U.S. Committee for Refugees and Immigrants is seeking a full-time, Legal Assistant in our Arlington, Virginia office. Duties and Responsibilities: Provide administrative support to Legal Services Program staff; Assist Staff Attorneys with the referral and intake process for individuals seeking immigration benefits; Assist with pro bono attorney recruitment by conducting initial informational calls with interested pro bono attorney volunteers; Assist Staff Attorneys in preparing clients for filings before U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review; "Make appropriate referrals to other service providers and relevant community partners; Assist with the supervision and training of interns; Other duties as assigned. Requirements: Bachelor's degree, or the appropriate combination of education and experience; Minimum of 2 years of experience providing administrative support required; Experience working with immigrants, low-income communities, children, survivors of domestic violence, survivors or sexual assault, or other gender-based violence; Good communication skills, flexibility, and good humor highly desirable; Ability to manage and prioritize multiple projects and competing priorities; Proficiency in Microsoft Office, Outlook, Excel, Word, and Power Point; Fluent in Spanish; Excellent professional judgement. To apply and for more information please visit here.

    Help Wanted: Immigration Attorney
    Troy, MI - A boutique mid-sized professional services firm is seeking an Immigration Attorney with employment based experience. The firm provides delivery of global, business-based immigration services, servicing clients in a number of industries and for virtually every country in the world. Their clients are mid- to large-tiered corporations, providing them with a single source solution for work and residence permits, visas, and customized immigration analyses. Ideal candidate will have 3+ years of experience with Hs, Ls, PERMs, and E visas. Experience should include consular processing, efficient case handling and client management, and great analytical and writing skills. Please send your resume to veronica@employmentimmigration.com.

    Help Wanted: Immigration Paralegal
    Troy, MI - A boutique mid-sized professional services firm is seeking an Immigration Paralegal with employment based experience. The firm provides delivery of global, business-based immigration services, servicing clients in a number of industries and for virtually every country in the world. Their clients are mid- to large-tiered corporations, providing them with a single source solution for work and residence permits, visas, and customized immigration analyses. Ideal candidate will have 3+ years of experience in providing support in preparing and filing of petitions and applications with federal government agencies. Responsibilities include, but are not limited to, preparing and drafting routine correspondence and memoranda, researching immigration law and procedures, and case management. Please send your resume to veronica@employmentimmigration.com.

    Letters of the Week: KeithB, Roger Algase, James Geiger, Cyrus Mehta

    ComingsNGoings: Immigrations Event
    December 5, 10am-11:30am, Atlanta Immigration Court - EOIR Hosts Regional Stakeholder Meeting, RSVP by emailing engagewitheoir@usdoj.gov.


    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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