Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Tag Archives: EB-5

Soothsayings on Changes to the EB-5 Immigrant Investment Program

Posted in Congress on Immigration, EB-5, GOP on Immigration, Investor Immigration, USCIS

“It’s tough to make predictions, especially about the future.”

~ Yogi Berra

The talk of the nation – at least that segment interested in U.S. green card benefits available to foreign investors – is about the welcome or feared changes likely to occur in the EB-5 employment-creation immigration investor visa program.  Scuttlebutt and divination have yielded a wide range of … Continue Reading

Your Days Are Numbered — Practicing Arithmophobic Immigration Law

Posted in Immigrant Visas, Immigration Humor, Immigration Law Complexity, Immigration Lawyers

Preferring words over numbers, I chose the practice of law. Preferring people over numbers, I forsook tax law and opted to practice immigration. How naïve of me to think that numbers could be so easily avoided. Everywhere they confront and torment me.

USCIS filing fees soar. Fines for violating I-9 regulations, engaging in prohibited immigration discrimination, and employing unauthorized Continue Reading

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

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

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

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

Memo to Immigration Reformers: “First catch your [EB-5] hare!”

Posted in Congress on Immigration, Consular Officers, Customs and Border Protection, Democrats on Immigration, General Immigration, GOP on Immigration, Immigration Agency Expertise, Immigration Reform, Investor Immigration, Obama Administration on Immigration, State Department, USCIS

Winston Churchill, whose mother was American (Jennie Jerome of Brooklyn), could just as well have been speaking about the components of comprehensive immigration reform.  Instead he was commenting on the Allies’ post-World War II plans for world governance when, in the summer of 1942 with the war yet unwon, he said:

I hope these speculative studies will be entrusted mainly to … Continue Reading

Immigration’s NannyStateGate: Picking EB-5 Winners and Losers

Posted in Congress on Immigration, Employment-Based Immigration, Investor Immigration, USCIS

With one week to go before the election, the final days have been marked by heated arguments over the proper role of government.  In the prime battleground state of Ohio, the Presidential candidates have crisscrossed virtually every county, arguing over whether and when government should intervene to save or create jobs.

Political comic, Jon Stewart, recently offered his usual sarcasm-saturated take on … Continue Reading

Immigration Buffets and Buffeting in Congress

Posted in Congress on Immigration, Democrats on Immigration, GOP on Immigration, Immigration Reform, Obama Administration on Immigration

Congress has spread a table laden with reheated immigration delicacies, while still engaging in the usual posturing, pretend friendships and verbal fisticuffs. 

In a spirit of convivial bipartisanship, the House on September 13 passed by a vote of 402-3 legislation the Senate had approved in August, S.3245 (“A bill to extend by 3 years the authorization of the EB-5 Regional … Continue Reading

The EB-5 Investor Immigration Program: Green Shoots or Chutes and Ladders?

Posted in Investor Immigration, USCIS

The EB-5 immigrant investor green card program resembles a multi-country version of Chutes and Ladders, the “game of rewards and consequences“.  In the EB-5 edition, the ladder represents progress toward a green card and the chute is an ICE-tunneled luge ride ending in immigration court at a removal hearing. 

This comparison only begins to approach the bewildering … 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

Immigration-Agency Lawbreaking Revealed: USCIS’s EB-5 “Tenant-Occupancy” Scandal

Posted in Congress on Immigration, Guest Columns, Immigration Agency Expertise, Investor Immigration, Requests for Evidence (RFEs), USCIS

[Bloggers Note:  This post is authored jointly by Brandon Meyer and Angelo A. Paparelli] 

Some scandals raise eyebrows; others cause real economic harm.  The one we’re about to reveal — known as “tenant occupancy” — does both.  It makes the GSA’s Las Vegas cavorting pale in comparison. (Immigration lawyer alert:  For those with prurient interests [you know who you are], “tenant occupancy” … Continue Reading

Guest Immigration Post: What Are We Paying for? USCIS and the I-526 Exemplar Process

Posted in Guest Columns, Immigrant Visas, Investor Immigration, USCIS

[Blogger’s Note:  Today’s post comes to us courtesy of my colleague, Brandon Meyer, a prolific writer whose analysis and commentary cover a wide array of immigration law topics.   Brandon offers a spirited post on a troubling aspect of the EB-5 employment-creation immigrant investor green card category. Thanks to him for having allowed me to be in top holiday spirits, undiverted from the Continue Reading