<p>Comment: EB5 Market Update – October
</p>
<strong>EB5 Market Today – Supply Running Out</strong>
<ul>
<li>
Projects: We are learning that many projects that made a commitment to
the Indian market early have completed or are close to completing their
raises. (This is not the case with China-centric projects which have
struggled to adjust to the more demanding investors.) The demand in
India is very strong, and as project after project that the Indian
investors were considering complete their raises, there is likely to be
a panic as the investors rush to get into some or any project before
the deadline, creating an opportunity for projects that are not fully
subscribed yet.
</li>
<li>
Investors: Indian investors do not grasp that the bottleneck for EB5
applications is their Source of Funds. Most of those who are planning
to do EB5 before the deadline are currently wasting their time trying
to select their project—which is likely to turn out to be an utter
waste of the precious little time they have left. Preparation of Source
of Funds is time consuming and can require digging up or acquiring 10,
20 or 30-year old documents which can take weeks in India. By the time
investors are ready with their source of funds in a few weeks, their
first choice of project and probably their first three choices are
likely to be fully subscribed, and they will have to start the process
of project selection all over again.
</li>
<li>
Immigration Attorneys: It is immigration attorneys who will face the
maximum pressure starting November 1<sup>st</sup>. The clients, having
paid significant fees, will feel entitled to have their application
submitted in 48 hours after they have their money lined up, little
realizing that a lot of the work of source of funds needs to be done by
investors themselves—not just the immigration attorney. As a result of
the hurried or skeletal source of funds done to meet the deadline, we
expect the denial rates to be sky high in the 30% to 35% range. We
recommend that immigration attorneys receiving this email to forward it
to their clients—to get them to move now and fast on their source of
funds—which is both in their interest and their immigration attorney’s
interest.
</li>
</ul>
<br/>
<strong>EB5 Market Beyond November 21 – a Whole New World</strong>
<ul>
<li>
It has become clear that there will be a post-November 21<sup>st</sup>
EB5 market, we have received reports from multiple countries that $900k
is not serving as an impediment to the well-heeled. While the shape of
the post-new-rule market is not clear, a new market will exist.
</li>
<li>
Many urban EB5 projects contend that they will remain in TEAs under the
new rule after November 21<sup>st</sup>, we are not so sure. The reason
has to do with uncertainty – absent more guidance from USCIS, there
will remain an inherent TEA uncertainty with urban projects seeking
$900k investments as compared to projects entirely outside MSAs which
will offer TEA certainty, casting doubt on the efficacy of urban
projects’ raises until USCIS clarifies the situation (since all
exemplars and all current TEA designations will have expired on
November 21<sup>st</sup>). Urban EB5 projects would be well advised to
complete their raises in toto prior to November 21<sup>st</sup>, and to
plan no further raises until late 2020 or beyond. For rural EB5
projects, their day in the sun is about to arrive.
</li>
<li>
The top 10 EB5 countries will look quite different post November 21 <sup>st</sup>, since long lines will likely have developed for 6 of the
current top 10 countries: China, Vietnam, India, Brazil, Korea and
Taiwan – these may all face retrogression, particularly severe in the
case of China (20+ years). The law of immigration gravity appears about
to hit the EB5 industry, hard.
</li>
</ul>
<br/>
<strong>Legislative Update – Ain’t Nobody Got Time for That</strong>
<ul>
<li>
The annual saga of Congress’s most important task, that of
Appropriations, continues. A continuing resolution was passed by both
the chambers of legislature and signed by President Trump extending
current programs and funding levels through November 21<sup>st</sup>.
and the RC program has been extended co-terminously with the CR through
November 21st.
</li>
<li>
Unfortunately, even when Congress eventually finds consensus on all
non-DHS components of the Appropriations effort, DHS Appropriations
will likely be the final bill negotiated. Hence, while the rest of the
government will likely be funded by Thanksgiving/Christmas, it is
entirely possible that DHS will have to wait for a final budget until
early 2020. RC program extension is included in DHS appropriations, and
we will once again likely be witness to short 2-month extensions of the
RC program until the Wall, Dreamers, and other contentious issues are
dealt with.
</li>
<li>
Given that impeachment has sucked up all the political oxygen in
Washington, and the already contentious climate has been ratcheted up a
few more notches, it is now even harder to get legislation through
Congress which is acceptable to the White House. Given this climate,
the chances of legislative action modifying the EB5 RC program—which is
very low in priority for both the parties, both chambers, and the White
House– are small.
</li>
<li>
The EB5 industry harbors a nostalgia for the good old days of China,
and thus is always on the lookout for relief from retrogression, the
following is a quick note on country quotas. HR1044 cleared the House
by an impressive bipartisan majority. However, during this
hyper-partisan Congress with each Chamber controlled by a different
Party, the Senate has proven to be a graveyard for all House bills
except for renaming post offices and for Appropriations to keep
government running. S386, the companion bill to HR1044, faces holds and
stalling maneuvers from multiple Senators including the Democratic Whip
Senator Durbin—the second highest ranking Senate Democrat, and
confronts the same fate as any other immigration legislation, which is
to say no Senate vote is likely. Quota relief is not a realistic
prospect in this Congress.
</li>
</ul>
<br/>
<strong>Kudos from Returning Client – “Improved Beyond Recognition”</strong>
<ul>
<li>
Feedback from a returning client on our recent expos: “ILW events in
India have improved beyond recognition. Yesterday I was completely
blown-away by the quality of the leads ILW generated. The only word
that comes to mind is “Congratulations!” We have been meeting clients
we met at your event again today.”
</li>
</ul>
Contact Us for available events at <a href=”mailto:Webmaster@ilw.com”>Webmaster@ilw.com</a> or call us at 212-545-0818 or click <a href=”http://ilw.com/corporate/information-request-form.shtm”>here</a>.
<!– END Comment –>
<!– Article; Blogging; News –> <!– <p><a href=””></a> –>
<p><a href=”http://discuss.ilw.com/articles/articles/391828-article-immigrant-children-with-cancer-hiv-cerebral-palsy-threatened-with-deportation-by-walter-ewing” target=”_blank”>Article: Immigrant Children With Cancer, HIV, Cerebral Palsy Threatened With Deportation By Walter Ewing
</a></p>
<p><a href=”http://discuss.ilw.com/blogs/immigrationlawblogs/391827-public-charge-rule-is-trump-s-latest-move-toward-immigration-dictatorship-as-blueprint-for-abolishing-freedom-democracy-and-rule-of-law-by-roger-algase” target=”_blank”>Blogging: Public Charge rule is Trump’s latest move toward immigration dictatorship as blueprint for abolishing freedom, democracy and rule of law By Roger Algase</a></p>
<p><a href=”http://discuss.ilw.com/articles/news/391829-news-suspension-of-entry-of-immigrants-who-will-financially-burden-the-united-states-healthcare-system-in-order-to-protect-the-availability-of-healthcare-benefits-for-americans” target=”_blank”>News: Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order To Protect the Availability of Healthcare Benefits for Americans</a></p>
<!– END Article; Blogging; News –>
<!– Focus –>
<p>
<strong>Focus: Hot Off The Presses: The EB-5 Book 2016-17 Edition; Editors: Matt
Gordon and Sarah A. Schroeder Shipping Now!</strong>
</p>
<ul>
<li>
Specific focus on Enforcement and Compliance.
</li>
<li>
8 Brand New articles and 3 articles updated from previous edition to
cover cutting-edge current developments.
</li>
<li>
Articles by Shae Armstrong, Jeanne Calderon, Michael T. Clark, Laura
Danielson, Michael Dunn, L. Batya Schwartz Ehrens, Gary Friedland,
Robert P. Gaffney, Adam Gale, Steve Ganis, Sherman Golden, Douglas
Hauer, Jennifer Hermansky (Jen), Parisa K. Karaahmet, Mark Katzoff,
Lily Li, Brandon Meyer, John Neill, Angelo A. Paparelli, Chun Yun
(“Elizabeth”) Peng, John Roth, Paul Ruby, Reid Thomas, Robert S.
Winner, and Ben Zou.
<br/>
</li>
</ul>
<p>
Buy Now!
<br/>
<br/>
Online:
<a href=”http://www.ilw.com/books/TheEB5Book.shtm” target=”_blank”>
http://www.ilw.com/books/TheEB5Book.shtm
</a>
<br/>
or Fax:
<a href=”http://www.ilw.com/books/theeb5book.pdf” target=”_blank”>
http://www.ilw.com/books/theeb5book.pdf
</a>
</p>
<p></p>
<!– END Focus –>
<!– Headlines –>
<a name=”Headlines” id=”Headlines”></a>
<!– Headline: <a href=””>Click here</a><br/> –>
<p>
Headline: Trump’s latest misdiagnosis is bitter pill for immigrants
<a href=”https://thehill.com/opinion/immigration/464596-trumps-latest-misdiagnosis-is-bitter-pill-for-immigrants” target=”_blank”>Click here</a><br>
Headline: Is Encouraging Illegal Immigration Protected Speech? The Supreme Court Will Decide
<a href=”https://www.dailysignal.com/2019/10/09/is-encouraging-illegal-immigration-protected-speech-the-supreme-court-will-decide/” target=”_blank”>Click here</a><br>
Headline: Lawsuits around US seek to block Trump’s public charge rule
<a href=”https://nsjonline.com/article/2019/10/lawsuits-around-us-seek-to-block-trumps-public-charge-rule/” target=”_blank”>Click here</a><br>
Headline: Trump just quietly cut legal immigration by up to 65%
<a href=”https://www.vox.com/2019/10/9/20903541/trump-proclamation-legal-immigration-health-insurance” target=”_blank”>Click here</a><br>
Headline: Immigrants Went to This California Woman for Green Cards and Work Visas. She Allegedly Scammed Them out of More Than $100K.
<a href=”https://www.vice.com/en_ca/article/evjmwm/immigrants-went-to-this-california-woman-for-green-cards-and-work-visas-she-allegedly-scammed-them-out-of-more-than-dollar100k” target=”_blank”>Click here</a><br>
</p>
<!– END Headlines –>
<!– Service Provider –>
<p>
<strong>Kaufman; Kahn, LLP</strong>
</p>
<p>
Real Estate Practice: Landlord/Tenant and Real Estate Litigation;
Cooperative and Condominium Disputes; Collection Actions; Enforcement of
Judgments; Arbitration; Residential Real Estate Transactions; Commercial
Real Estate Transactions; Business and Commercial Litigation in State and
Federal Court; Business Transactions (Contracts, Promissory Notes,
Mortgages, Security Agreements, Operating Agreements, Shareholder
Agreements, Partnerships, License Agreements); and Commercial Leasing and
Lending. Intellectual Property Practice: Copyright Law and Trademark Law:
filing and prosecuting applications in the Copyright Register, the USPTO
and TTAB; litigating to enforce registrations against infringers (and
defending against alleged infringers) in federal courts; defending against
Americans with Disability Act (ADA) claims; Intra-Corporate Business
Litigation (“Business Divorces”); Drafting and Negotiating Transactions:
Licensing Agreements and other Intellectual Property Contracts.
Contact:Robert L. Kahn, Esq.; Kaufman; Kahn, LLP – 10 Grand Central,
155 East 44th Street, 19th, Floor, NY, NY 10017, (212) 293-5556, <a href=”mailto:kahn@kaufmankahn.com”>kahn@kaufmankahn.com</a>
</p>
<!– END Service Provider –>
<!– Classifieds –>
<p>Help Wanted: Immigration Attorney<br/>
<p>We are seeking one full-time attorney with 1+ years of experience in the immigration field, who is licensed to practice law in any U.S. jurisdiction, however a license to practice in New York, New Jersey and/or Pennsylvania is preferred. Knowledge of Russian or Spanish is also preferred, but not required. Salary is commensurate with experience and will be discussed in detail, as well as benefits offered, at the interview and before the job offer.
About our firm: We are a boutique, diversified immigration law firm also practicing in federal court civil litigation. We consist of 2 attorneys and 3 paralegals and have an outstanding, friendly, team-oriented environment. In our office, we emphasize teamwork and the quality of our work, as well as ethical professionalism, are our top priorities. Our office is located in the Bensonhurst area of Brooklyn, right off of the D Train, for easy commuting. Our office is also conveniently located near residential parking, if candidates have a car and wish to drive to work and not pay for parking. Successful candidates will demonstrate an ability to handle a high volume and diverse case load, have excellent English writing and communication skills, as well as close attention to detail and organizational skills.
Candidates should send resume and writing sample, no longer than 10 pages in length and preferably immigration-related, to <a href=”mailto:allison@bibicheff.com”>allison@bibicheff.com</a>. No phone calls please.
</p>
<p>Help Wanted: Immigration Paralegal<br/>
<p>Baker Donelson has an immediate opening for an immigration paralegal. This position will be located in Chattanooga, Houston or Birmingham. Applicants with pertinent experience will be considered from any city to work remotely. 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 are required including 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 include 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 the 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 and communication skills, including willingness and ability to work directly with foreign nationals to gather information and documentation. Please click <a href=”https://recruiting2.ultipro.com/BAK1000/JobBoard/2f6b40a8-4e29-e740-a3db-cb1a1e4563b8/OpportunityDetail?opportunityId=a433aee6-e8cb-4371-812a-27ddb1a1d3b8″>here</a>to apply.
</p>
<!– END Classifieds –>
<!– Letters to the Editor –>
<p><a href=”http://discuss.ilw.com/blogs/idblog/391815-letters-of-the-week-oct-7-oct-11″ target=”blank”>Letters of the Week</a></p>
<!– END Letters to the Editor –>
<!– ComingsNGoings –>
<p>ComingsNGoings: Immigration Event<br>
Healthcare for Illegal Immigrants: What would it cost?
Affordable Care Act subsidies for illegal immigrants could cost $10-23 billion a year.
9:30 a.m., Thursday, October 10, 2019,
National Press Club, Murrow Room,
529 14th St. NW, 13th Floor,
Washington, D.C. 20045. More Info: <a href=”https://www.press.org/events/healthcare-illegal-immigrants-what-would-it-cost” target=”blank”>https://www.press.org/events/healthcare-illegal-immigrants-what-would-it-cost</a>
</p>
<!– END ComingsNGoings –>
<p>
<hr class=”ilwDailyLine”/>
<span class=”ilwFinePrint”>An Important disclaimer! The
information provided on this page is not legal advice.
Transmission of this information is not intended to create, and
receipt by you does not constitute, an attorney-client
relationship. Readers must not act upon any information without
first seeking advice from a qualified attorney. Copyright
1995-2017 American Immigration LLC, ILW.COM. Send correspondence
and articles to <a href=
“mailto:editor@ilw.com”>editor@ilw.com</a>. Letters and articles
may be edited and may be published and otherwise used in any
medium. The views expressed in letters and articles do not
necessarily represent the views of ILW.COM.</span>
<hr class=”ilwDailyLine”/>
<a name=”publisher” id=”publisher”></a> <!–PublisherEditor–>
Publisher: Sam Udani ISSN: 1930-062X<br/>
<a href=”http://www.ilw.com/immigrationdaily/advisoryboard.shtm”>Advisory
Board</a>: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo,
Lory Rosenberg, Greg Siskind, Joel Stewart, Margaret Wong
{$inline_image