Comment: India Action Presages More EB5 - Political Turmoil In China Affects EB5
The Reserve Bank of India (RBI - India's counterpart to our Federal Reserve Bank) recently enhanced the limit for foreign investment to $125,000 from $75,000. There appears to be consensus among many India-watchers that an economic boom is in the cards for India in the short-term, which would mean that RBI may well raise this limit eventually back to $200,000 or beyond. Since this limit is based on individuals, including nuclear family members, path of funds for EB5 investments from India would appear to be relatively straight-forward. Importantly, getting special permission from RBI for EB5 may no longer be necessary, particularly for investments straddling fiscal years.

This action spotlights a growing trend in EB5 for diversification outside China. Cost of capital in China is now so high that such diversification is more than a smart move - it is a necessary move. Further, China is being convulsed by political turmoil not seen since the days of the Gang of Four in the 1970s, before the great boom began. Here is a short primer on Chinese governance and current turbulence: China's government does not control China, the Chinese Communist Party (CCP) does. CCP does this thru control both of China's government, and separately, thru control of China's military (which is more focused inward for domestic control than outward toward China's neighbors - China's military does not answer to its government, it answers instead to CCP). CCP in turn is a huge body with literally millions of members. CCP is a tightly controlled, centralized institution in the ancient Chinese tradition - there is nothing particularly "communist" about it, CCP is 100% Chinese in its behavior. CCP's several hundred strong Central Committee controls the CCP, usually with an iron hand. The Central Committee of CCP is overseen by the Politburo, a couple of dozen people, this is where power in China begins to coalesce. At the apex of the Politburo, ultimate power is in the hands of the Standing Committee of the Politburo of the Central Committee of CCP - the true inheritors of the dragon throne. China's current power struggle concerns in-fighting within this Standing Committee, one of its members is apparently being brought down. There are rumors that this is already beginning to impact EB5 capital flows, a situation which Immigration Daily is watching closely.

Dubai is the world's second largest EB5 market, and smart players in EB5 have already established initial beach-heads there. Several sleepy EB5 backwaters are now beginning to see increased action, and the world's EB5 map is being gradually but inevitably altered in consequence. The shape of the EB5 industry also continues to gradually evolve toward a more compliant structure, though much still remains to be done in this area. Immigration Daily will keep you on top of EB5 developments, stay tuned. Share your thoughts by writing to

Erratum: Yesterdays' issue of Immigration Daily was sent with erroneous date in the subject line. The correct subject is: June 3 - Top Links for May 2014

Article: Open Letter to USCIS IPO 6-30-2014 By Joseph P. Whalen

Blogging: US EXTENDS CW-1 PROGRAM THROUGH 2019 By Chris Musillo

News: DHS Report on U.S. Naturalizations 2013

News: USCIS Provides Guidance Regarding CW-1 Extension

News: USCIS Updates Cap Count for H-2B Nonimmigrants (6/4/2014)

News: USCIS Updates Processing Time Information for the Immigrant Investor Program Office (6/3/14)

Focus: The High-Tech PERM workshop - Boston, MA - Final Deadline
ILW.COM is proud to announce that the PERM workshop will be taking place on June 18, 2014 in Boston, MA. The Discussion Leader will be Joel Stewart; other speakers include Matt Morse, Michael Piston, Edwin Rubin, Lawrence Rudnick, Rohit Turkhud, Kiran Vairale Mumtaz, and Nathan Waxman. The curriculum is as follows:

  • Session 1: Planning from NIV to I-140
    • Transition from Non-Immigrant Visas F, J, H, L, E and O to PERM
    • Incubators, Home Offices and Foreign Employers
    • Family Relationships, Key Workers and Closely Held Companies
    • Experience and Education Gained on the Job
    • Multiple Job Openings
    • Travel and Relocation
    • Roving Employees
    • Home Offices

  • Session 2: Prevailing Wage Preparation for Hi Tech Positions
    • IT Occupational Titles and Jobs for 2nd or 3rd Preference
    • Job Zones v. Prevailing Wage Levels
    • Minimum Requirements
    • Languages, Licenses and Special Skills
    • Alternate Requirements & Kellogg
    • Business Necessity & Combination of Job Duties
    • Multiple Positions
    • Supervision of or by Alien Worker

  • Session 3: Form 9089: Hi Tech Recruitment and Advertising
    • Tips to Draft Concise Advertisements for Sunday Ads
    • Notice of Filing on Site and through In-House Media
    • Controversial Professional Recruitment Issues
    • Problems with State Workforce Agencies
    • Layoffs & Supervised Recruitment
    • Audit Triggers
    • Resume Review and Duty to Inquire
    • Recruitment Reports

  • Session 4: Post Filing: Denial and Beyond
    • Audit Procedures
    • Zero Tolerance and Harmless Error
    • Burden of Proof
    • Bona Fide Job Offers
    • Regulations, FAQ's and Stakeholder Meetings
    • Requests for Reconsideration
    • Procedural Issues on Appeal to BALCA
    • Health America and Other Recent BALCA Decisions
    • Advanced Adjustment of Status and Change of Employers

  • Kiran Vairale Mumtaz will explain how to select appropriate media for advertising, postings and other forms of regular and professional recruitment in both urban and rural areas.
  • Rohit Turkhud will explain methods of transitioning from Non-Immigrant Visa status to PERM.
  • Matt Morse will speak on IT occupations and titles in the O*Net.
  • Larry Rudnick will speak on pro-active preparation of Prevailing Wage applications.
  • Edwin R. Rubin will speak on minimum requirements and experience gained on the job with the same employer.
  • Nathan Waxman will multi-task by speaking on a variety of PERM issues including the medical professions.
  • Michael Piston's presentation "Is Health America Really Dead," will explain harmless error, audit criteria, requests for reconsideration and appeals to BALCA or the Federal Courts.

For additional information, including speaker biographies, and to register, please see:

The Final Deadline is June 11th. Register today and save $450.

Headline: Our immigration law insanity Click here
Headline: Immigration reform needed to avoid h-1b casualties, negative business impacts Click here
Headline: Immigration law needs major updates Click here
Headline: U.S. Immigration: A Humanitarian Self-Deception Click here
Headline: Why we support immigration reform Click here

Help Wanted: Immigration Paralegal
Denver, CO - Ogletree Deakins is one of the nation's largest labor and employment law firms. Its immigration practice group employs over 46 immigration attorneys and over 85 paralegals. Our Denver office has an opportunity for an experienced immigration paralegal to join the firm's expanding practice. Duties will include preparation and filing of visa petitions, labor certification and adjustment applications. Our paralegals also compile and analyze case facts, draft correspondence, maintain and organize client documentation and have direct contact with multiple employees. Requirements: Extensive employment based immigration paralegal experience, preferably in large law firm environment, as well as strong proficiency with MS Word, Outlook, immigration practice management and document management systems. We are fully committed to diversity within the legal profession, as well as all workplace environments and strongly encourage the interest of diverse candidates in the firm. To apply for this position, please email your resume to Brian Bernhard at with "DENVER IMMIGRATION PARALEGAL" in the subject line.

Help Wanted: Immigration Paralegal
Miami, FL - Busy Miami law firm looking for an experienced Business Immigration Paralegal to join our team. Responsibilities: Analyze case documents and prepare immigration applications for filing with the appropriate government agency. Drafting petitions, applications and specialized support letters detailing eligibility for visa classification and other immigration benefits. Communicate regularly with clients and foreign nationals regarding procedural and case processing issues. Identify ways to improve team productivity and office-wide projects. Requirements: 3+ years of experience with an immigration law firm or corporate immigration function. Possesses strong knowledge of procedural requirements for various types of nonimmigrant and immigrant visas and client processes. Experience drafting RFEs, PERM Audit responses, and drafting and filing large volumes of immigrant and non-immigrant petitions, including Extraordinary Ability and PERM. Demonstrated ability to handle high volume case load while maintaining high level of productivity. Excellent verbal and written communication skills and demonstrated attention to detail. Ability to Multi-task in a fast-paced environment with competing demands. Communicates case progress/status/issues to supervisor. BS or BA Degree. Please include a cover letter, resume, writing sample, and salary requirement, and submit via email to

Help Wanted: Immigration Attorney
Milwaukee, WI - Corporate Associate Attorney. This position is primarily responsible for managing, directing and overseeing the preparation of various employment-based immigration petitions, including leading strategy development discussions, client communication, support staff management and timely and accurate document production to ensure the highest level of client service and satisfaction. This position requires a J.D., State Bar license and at least 2 years of experience with nonimmigrant and immigrant employment-based cases. Qualified candidates must have a commitment to hard work as well as excellent writing, communication, organizational and case management skills. We offer a competitive salary and benefits. We strongly encourage professional growth and community involvement. Please email your cover letter, resume and salary requirements along with two immigration writing samples to

Help Wanted: Immigration Paralegal
Atlanta, GA. Kuck Immigration Partners, LLC. We are seeking an Immigration Paralegal with exceptional motivation, spirit and talent to work with a fast-paced, pro-active immigration firm. The individual will focus on employment immigration matters. Must have at least 2 years of business immigration experience. Fluency in Spanish is required. The individual must be able to multi-task in a fast-paced environment. Proficiency in MS Word, Timeslips and ImmigrationTracker is a plus. If you believe you have what it takes to work with us, send your resume today. Pay is commensurate with experience, and there is a generous firm benefits package, including health insurance, 401(k) and vacation. Send resume to

Help Wanted: Immigration Paralegal
Matawan, NJ, San Francisco, CA, Santa Clara, CA, New York City - Fragomen, Del Rey, Bernsen & Lowey, LLP is the world's leading immigration law firm. We strive to be an integral part of our clients' success by providing representation, services and strategic advice to facilitate the hiring and movement of skilled talent globally. If you have an interest in the legal field and want to assist us with driving innovation and change, come join our team as a Corporate Immigration Paralegal. The firm has multiple openings and is accepting applications from entry to senior level experience Immigration Paralegals. The work is challenging; you'll have the opportunity to work directly with diverse clients; manage a case load and work along side smart and motivated individuals. The ideal candidate will possess the following: BA/BS degree (any major); GPA of 3.0, highly desirable; Previous experience with corporate immigration is a plus; Proficient with MS Office Suite; ability to learn and efficiently use new systems; Strong analytical skills and the ability to solve problems; Strong organizational, interpersonal, and communications (oral and written) skills; Ability to work in a high volume, fast-paced environment; Must be a U.S. Citizen or have Permanent Resident status. Please submit your resume to: Matawan, NJ; San Francisco, CA; Santa Clara, CA; New York City

Certified Translation Services
Are you looking for certified translations for immigration purposes? American Evaluation and Translation Service, Inc. (AETS), a corporate member of the American Translators Association, provides certified translations in over 100 languages. Since we primarily cater to law firms and universities, AETS' linguists, all of whom either have Master's degrees or more than five years of translation experience, are experts in the field of immigration-related translations. Why entrust anyone else with such important documents? Contact AETS today for a FREE quote. For a copy of our Application for Translation Service, please click here, call (786)276-8190,email, or fax the documents to (786)524-0448 or (786)524-3300. Please note that AETS also provides Educational, Work Experience, and Position Evaluations. For more information, please visit the website here or our Foreign Credential Evaluation application here. Application.2013.pdf. You may also call us at (786)276-8190. New customers to AETS will receive a 25% on their first Educational Evaluation request, or on their first one-page translation request - just mention Promotion Code: AETS.ILW.25 to avail of this discount.

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Letters of the Week: Kenneth Rinzler

ComingsNGoings: Immigration Event
North Hills, CA, 6/7/2014, 11am - 1pm (Western) - USCIS and the Mid-Valley Public Library will offer a free naturalization information session for legal permanent residents and interested naturalization applicants. For more information email or call (818) 895-3650.

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