Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: EB-5

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All Checks but No Balances — The Systemic Failure to Protect EB-5 Investors

Posted in EB-5, Fraud Detection & National Security (FDNS)

Several widely-publicized actions by the Securities Exchange Commission (SEC), and the inevitable litigation that has piled on in consequence, have pressure-tested the EB-5 ecosystem and found it defective. Simply stated, the system too likely and too often fails.  Sadly, many EB-5 investors, after writing half-million-dollar or greater checks, ultimately have learned that no balances remain in their capital accounts and … Continue Reading

Eyes off the Prize: White House Oblivious to Immigration Bureaucrats’ Running out the Clock

Posted in EB-5, H-1B Visas, Immigration and Entrepreneurship, Investor Immigration, L-1 Visa, Obama Administration on Immigration, State Department, USCIS

Two hundred days ago President Obama stoked the hopes of immigration advocates with his announcement of wide-ranging executive actions to try — as far as his authority would carry him — to change America’s broken immigration system for the better.

Generating most of the media fanfare and Republican outrage were his plans to expand eligibility for the DACA program and … Continue Reading

Immigration on a Clean Slate: Game-Changing Proposals on Visa Modernization

Posted in Adjustment of Status, Border Issues & CBP, Border Security, Consular Officers, Courts on Immigration Law, DHS Technology Reforms, EB-5, Employment-Based Immigration, Enforcement/USICE, Fraud Detection & National Security (FDNS), Homeland Security, Immigration Courts, Immigration Reform, Immigration Regulations, Legal Representation, Obama Administration on Immigration, USCIS, VAWA - Violence against Women Act

Terabytes of text have already been generated in the course of extolling or excoriating President Obama for his November 20 Executive Actions on Immigration.  The prolific foaming of bloviating mouths has mostly been prompted by the promise of deferred action and work permits for undocumented immigrants under the DACA and DAPA programs.  Surprisingly, however, his equally profound measures to improve Continue Reading

USCIS Gets an EB-5 Earful at Immigration Listening Session

Posted in EB-5, Investor Immigration, USCIS

[Blogger’s note:  For EB-5 stakeholders interested in learning more about the USCIS Listening Session, you can register for “EB-5 Immigrant Investor Update,”  a webinar presented by members of Seyfarth Shaw LLP’s EB-5 Immigrant Investment Team on May 13, 2014.  Topics include: 

• The April 23, 2014 USCIS’s stakeholders listening session

• FINRA’s recent notices and how to spot Continue Reading

Waiting in the Wings: A New Leader at the Immigration Helm

Posted in Congress on Immigration, Democrats on Immigration, EB-5, GOP on Immigration, Immigration Law Complexity, Immigration Reform, Immigration Regulations, L-1 Visa, Obama Administration on Immigration, USCIS

The dysfunctional immigration world continues to spin dangerously out of control. 

Do-nothing House Republicans (and five pusillanimous Democrats) commit political seppuku with the passage of the ENFORCE Act  — a going-nowhere bill which would authorize civil suits against the President to dissuade him from doing something to husband scarce prosecutorial resources and ameliorate the harsh consequences of deportation for noncriminal … Continue Reading

Senator’s Saucy Request Roils EB-5 Regional Centers

Posted in Congress on Immigration, EB-5, GOP on Immigration, Immigration Lawyers, Investor Immigration, Obama Administration on Immigration

Imagine you’re the general counsel of Coca Cola (or of any other company that takes great pains to safeguard the internal secrets that endow the organization with competitive advantages over other firms in the same industry).  On your desk lands a letter from a U.S. senator in the minority party asking that your company turn over “voluntarily” a raft of … Continue Reading

EB-5 Immigration Lawyers Wear Too Many Hats

Posted in EB-5, Immigration Lawyers, Legal Representation

The EB-5 employment-creation immigrant investor visa category continues to transcend its chutes-and-ladders early history.  This 24-year-old program — like many young adults of the same era — seems at last to be maturing in healthy ways.  Foreign investors have become more savvy.  Regulators are more attuned to the need for greater investor protection, as well as clear, consistently enforced Continue Reading

The 2013 Nation of Immigrators Awards – The IMMIs Are Announced

Posted in Congress on Immigration, Consular Officers, EB-5, Foreign policy, Homeland Security, IMMI Awards, Immigration Humor, Immigration Reform, Investor Immigration, USCIS

Hindsight, the armchair pundits say, is 20-20.  The year 2013 has proven them wrong.

The end-of-year’s rear-view mirror onto the world of U.S. immigration shows impenetrable fog.  Unsurprisingly, as filmgoers know, vapory views of the recent past tend to diminish the apparent significance of events occurring early in the year (“never has a film released in July won an Continue Reading

Immigration Progress: A Good EB-5 Policy Memo Could Still Be Better

Posted in Adjustment of Status, Congress on Immigration, EB-5, I-9s, Immigrant Visas, Immigration and Entrepreneurship, Immigration Reform, Immigration Regulations, Investor Immigration, Legal Representation, Obama Administration on Immigration, USCIS

French philosopher and aphorist, François-Marie Arouet, better known by his nom de plume, Voltaire, wrote in Italian that “Il meglio è l’inimico del bene [the perfect is the enemy of the good].”

The wisdom of this saying, championed by pragmatists everywhere, comes to mind upon reading a May 30, 2013 Policy Memorandum (PM) issued by the Department of Homeland … Continue Reading

No Time for Rich-Whining, CIR Advocates Must Stay Focused on the Senate

Posted in Customs and Border Protection, Democrats on Immigration, EB-5, Employment-Based Immigration, Enforcement/USICE, Family Immigration, Global Migration, GOP on Immigration, H-1B Visas, Homeland Security, Immigration Reform, L-1 Visa, USCIS, USCIS Ombudsman

While most of the nation fixated this week on black and brown American heroes in Cleveland, the attention of immigration advocates diverged.  They vacillated between delight with the imploding anti-immigration conservative movement and nail-biting over votes on a flood of amendments to the massive, bipartisan Gang of Eight bill in the Senate Judiciary Committee.

Schadenfreude abounded over the fall … Continue Reading

Reforming Immigration “with Liberty and Justice for All”

Posted in Adjustment of Status, Administrative Appeals Office - USCIS, Border Issues & CBP, Congress on Immigration, Consular Officers, Courts on Immigration Law, Democrats on Immigration, DOL, EB-5, Employment-Based Immigration, Enforcement/DOL, Enforcement/USICE, Global Migration, GOP on Immigration, H-1B Visas, Immigration Courts, Immigration Law Complexity, Immigration Lawyers, Immigration Reform, Immigration Regulations, Investor Immigration, Legal Representation, Obama Administration on Immigration, State Department, Trade in Services, USCIS, USCIS Ombudsman

As Republicans join Democrats in contemplating reform of the nation’s dysfunctional immigration system, the final line of the Pledge of Allegiance (“with liberty and justice for all”) is the best place to start. 

Revitalizing our broken and outdated 20th Century immigration laws to respond to the needs of 21st Century America will turn in large part on how we face … Continue Reading

Immigration Quibbles and Bites: The Fortnight in Review

Posted in Courts on Immigration Law, EB-5, General Immigration, Investor Immigration, Obama Administration on Immigration, USCIS

It’s been a momentous, startling and exasperating two weeks.  The Supreme Court ended the term with three blockbuster decisions, and U.S. Citizenship and Immigration Services (USCIS) held a less-noticed public engagement that knocked the socks off one important segment of the stakeholder community.  

In Arizona v. United States, the Court — notwithstanding the ludicrous claims of victory from AZ Gov. Continue Reading