EB-5 News, Law & Developments

http://www.immigrationpolicy.org/sites/default/files/docs/Hohn_-_Immigra...

Go to below link. This report reveals the inner-working and/or attitudes prevalent within the agency that controls the EB-5 adjudication. Very interesting stuff.

http://eb-5center.com/files/OIG_12-24_Jan11.pdf

Read the below link for AILA's point of view:

http://ailaleadershipblog.org/2012/01/09/senator-grassley-the-puppetmaster/

Things do not look good regarding EB-5 cases and other cases.

Written by Joseph P. Whalen, a former government employee who is familiar with the INA.

http://www.ilw.com/articles/2011,1228-whalen.shtm

The below is an honest opinion article written by another EB-5 practitioner.

http://www.nationofimmigrators.com/investor-immigration/guest-immigratio...

Most EB-5 practitioners would agree with what the author says. The article points out very troubling concerns, such as:

1. USCIS not working together internally.

2. CSC not consistent in policies.

3. CSC unable to shorten the I-526 processing.

USCIS has released the schedule for 2012 EB-5 Teleconferences as follows:

http://eb-5center.com/files/2012_EB-5_Teleconferences_Scheduled.pdf

According to many EB-5 practitioners, these teleconferences are not that helpful. Also, EB-5 practitioners agree that CSC does not appear to follow what USCIS says in these teleconferences. Lastly, USCIS picks out only those agenda questions they want to answer; in other words, USCIS avoids tough questions, or their answers are too general in nature.

http://www.nytimes.com/2011/12/19/nyregion/new-york-developers-take-adva...

One knowledgeable EB-5 practitioner made several good points regarding the above article which we would like to share:

1. What is wrong with "gerrymandering" when the the law permits states to make TEA determinations, and states are certainly free to certify TEA based on a "gerrymandered" map. The article would have been more informative if the article could show why or how the TEA designation was unlawful.

2. The article implies that New Yorkers are fully employed, while people in Vermont are living in the street. That is false. There are plenty of places in NYC, including and especially in central areas, where unemployment figures are high.

I-924a related questions and answers are published by USCIS:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176...

http://immigrationimpact.com/2011/11/29/children-of-immigrant-entreprene...

I am not sure I totally agree that the above conclusion should be drawn from the report -- I think a more apt conclusion that should be drawn is that some children of immigrant entrepreneurs excel educationally -- but nevertheless, the reports serves to point out important point.

Alabama tries to attract foreign investment by saying it is one of the most business friendly states, but look what's happening now:

http://ailaleadershipblog.org/2011/12/01/the-definition-of-insanity

Apparently, Alabama wants foreign investment but doesn't mind arresting their workers in non-immigrant visa status. Time to inform Honda, Hyundai and Kia -- all international companies doing business and hiring U.S. workers residing in Alabama -- that they are not welcome.

It's good to know that this kind of hearing is being held now. The EB-5 RC Program should not be just reauthorized but be made permanent if the Congress is serious about attracting EB-5 investments.

http://www.judiciary.senate.gov/hearings/hearing.cfm?id=9b6937d5e931a0b7...

Witnesses' Statements:

By Robert Devine: http://eb-5center.com/files/11-12-7DivineTestimony.pdf

By David North: http://eb-5center.com/files/11-12-7NorthTestimony.pdf

By William Stenger: http://eb-5center.com/files/11-12-7StengerTestimony.pdf

“Reauthorizing the EB-5 Regional Center Program: Promoting Job Creation and Economic Development in American Communities”

Senate Judiciary Committee
Full Committee

DATE: December 7, 2011
TIME: 10:00 AM
ROOM: Dirksen 226