Comment: Top Articles And News For December 2019



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Article: Comprehensive Regulatory Change to Employment-Based Immigration in 2020 By Jordan Gonzalez

Blogging: Trump Wineries Fires 7 Undocumented Workers By Bruce E. Buchanan, Sebelist Buchanan Law

Blogging: Ten Immigration Predictions for 2020 By Jason Dzubow

Blogging: Trump's violations of international and human rights law and threatened war crimes against Iran began with Muslim Ban and caused CBP harassment of Iranian-Americans By Roger Algase

Focus: EB5 Agent Costs and ROI to Investors

The new 2020 EB5 market is different from 2019 because of two readily understandable reasons: Firstly, the new TEA definition has reduced the number of projects currently in the market and secondly, the raising of investment amount to $900k reduces the number and kinds of investors interested in EB5. Many projects have reached out to us asking about two specific characteristics of the new EB5 market: EB5 Agent Costs and ROI to Investors, what we have discerned appears herebelow.

EB5 Agent Costs:
  • Korean agents have apparently banded together and appear to be sticking to their demand for a $90k fee plus backend points. This is not the case with Chinese and Vietnamese agents, who are not yet unanimous on a number. Projects may be able to play agents against each other in these countries for a deal for $50k fee plus backend points. Projects may want to hold firm to $50k plus backend points, because otherwise investors may balk at a $90k admin fee. Note that the backend points will be more in $ terms because of the higher investment amount, so the agents will be getting more money anyways.
  • In India and other countries, outside of the four far eastern countries, there is no developed agent infrastructure so it should be possible to stick to $50k agent fee plus backend points. In the past, projects have used higher admin fees and/or higher backend points to attract more agent interest, but while that was true of the $500K market, the $900K market may behave in an opposite fashion since there logically has to be a point beyond which admin fees will face push back from investors.
ROI to Investors:
  • Somewhat to our surprise, we have found that there are projects in the new EB5 market that are offering relatively high investor returns. As opposed to the traditional 0.5% to 2% returns on EB5 investments, we have noticed a few projects offering 6% to 12% returns in the new EB5 market. Is this a fad? We don't know. Is this people trying to capture the market with a high return as an experiment to test the new market? We don't know. Will the strategy of offering aggressive returns work? Probably not because we expect factors other than ROI to dominate in the 2020 EB5 market.
Contact us for a conversation on what we can do for you in this brave new EB5 world by emailing us at , calling us at 212-545-0818 or online .

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Headline: Immigration activists weigh in on new federal operation Click here
Headline: Tom Homan says birth tourism, birthright citizenship are 'huge' immigration issues Click here

Help Wanted: senior immigration paralegal
Baker, Donelson, Bearman, Caldwell, & Berkowitz, P.C. has an immediate opening for a senior immigration paralegal. This position will be located in Nashville, TN, Chattanooga, TN, Houston, TX, Washington, DC or Birmingham, AL. Applicants with pertinent experience will be considered from any city to work remotely. Candidates must have either a Bachelor's Degree and/or a paralegal certificate from an ABA approved paralegal program and at least 3-5 years of employment-based immigration experience to include preparation of labor certification applications, and a variety of business immigration filings with both consular posts and USCIS (e.g., E, L, TN, Adjustment of Status, Immigrant Visa). Major responsibilities will involve substantial writing and research for EB-1 petitions, specialty occupation H-1Bs, and drafting waiver applications and responses to requests for evidence for attorney review. Additional responsibilities include: assisting attorney with determining case strategy; managing large volume of clients and tracking status of filings and documentation needed; gathering relevant documentation from clients; reviewing extensive case documentation received; assisting attorney with legal research; assembling and organizing filings with the government; drafting legal correspondence to the government and clients for attorney review; preparing appropriate forms for government agencies, maintaining fully paperless file copies. Candidates should possess strong organizational, interpersonal, and communication (oral and written) skills, including the willingness and ability to work directly with foreign nationals to gather information and documentation. All applicants should have an aptitude for detail; the ability to work efficiently, and to work under pressure with or without direct supervision. Each candidate must be able to handle multiple projects at the same time and have excellent facility with computer systems and the ability to learn and efficiently use new systems. Candidates must be flexible, have regular attendance and be willing to work overtime if necessary. Must provide minimum authorization to work in the United States. Resumes accepted only for job posted. Please apply at

Help Wanted: Associate Attorney

Mona Shah & Associates Global (MSA Global) has a large and diverse client base representing individual, institutional, and corporate clients around the globe. We use our expertise in assisting not only individual investors with submission of their immigration cases, but also in structuring, configuring and preparing EB-5 and other business immigration investment projects involving multi-million-dollar raises. In aggregate, MSA Global has assisted in raises of over a billion dollars. The work here at MSA Global is often challenging, high-quality, creative and requires someone with business acumen that can quickly adapt to this complex, nuanced, and constantly changing area of law, combining practice in immigration, securities and corporate law. POSITION INFORMATION: Full Time. DUTIES: You will perform the following duties: 1. Prepare immigrant and non-immigrant applications, with a focus on EB-5; 2. Draft corporate agreements; 3. Initial consultations with clients to obtain relevant case information; 4. Analyze case issues and plan case strategy accordingly; 5. Prepare appropriate forms regarding client matters before the Departments of Homeland Security, State, Justice, and Labor; 6. Correspond with clients, court personnel, attorneys, and other interested parties; 7. Consult and discuss case status with senior attorneys. QUALIFICATIONS & EXPERIENCE REQUIRED: 1. Relevant work experience a must 2. EB-5 or corporate experience a plus 3. Law degree 4. Member of State Bar (not essential) About Mona Shah & Associates Global / MSA Global MSA Global is a global business immigration firm headquartered in Manhattan, NYC with a Branch office in the UK. As one of the first business immigration firms with a focus on EB-5 (the Immigrant Investor Visa Program), MSA Global is considered an Industry specialist and highly regarded in the EB-5 field. Contact us via e-mail at or via phone at (212) 233-7473.

Letters of the Week: Pat Hogan

ComingsNGoings: Immigration Event
Emigrant Political Rights in Latin America: A configurational analysis approach 12:00-1:30 p.m., Monday, February 3, 2020 Center for Comparative Immigration Studies University of California, San Diego Eleanor Roosevelt College Provost’s Building, Conference Room 115 9500 Gilman Drive La Jolla, CA 92093. For More Information, Click Here comingsNgoings announcements is a free service.

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