<!– Comment –>
<p>Comment: Wishful Rumors</p>
<p>
There are many rumors flying around that there will be a postponement of
the November 21st deadline–postponing the higher investment amounts and
the new TEA rules. Many immigration attorneys have contacted us asking
whether these rumors have any basis in fact. The rumors range across all
three branches of government–judiciary, executive and legislative, we
analyze each below.
</p>
<br/>
<br/>
<strong>Judiciary: </strong>
<br/>
<p>
We are surprised that no lawsuit has yet been filed seeking a temporary
restraining order (TRO) on the new regulation. We expect a lawsuit to be
filed between now and November 20th. Attorneys familiar with TROs for
Administrative Procedure Act litigation tell us that a likelihood of
eventually prevailing is a requirement for the issuance of a TRO by a
federal judge. By that standard, it is unlikely that a TRO will be issued,
since the USCIS has been unusually compliant in its APA rulemaking for the
new EB5 reg, but it is a fool’s errand to predict what a federal judge may
or may not do in any specific case.
</p>
<br/>
<br/>
<strong>Executive: </strong>
<br/>
<p>
No one in the executive branch can delay the regulation absent a true
national emergency such as a large earthquake in California or a war. The
heads of USCIS or DHS cannot do it, nor can the President lawfully issue
such an executive order. It is not reasonable to expect that the executive
branch will issue an unlawful order.
</p>
<br/>
<br/>
<strong>Legislative: </strong>
<br/>
<p>
Our legislature is sovereign and certainly has the power to postpone the
effective date of any regulation. This has been attempted a few times
through the procedures established in the Congressional Review Act. No one
is talking about using this Act for EB5, and even if it was attempted,
there is only an infinitesimal chance for success. The other way is to
override the regulation through a new statute, for example the bill that
Graham, Cornyn and Rounds have recently introduced. For that to happen the
bill would have to be attached to the Continuing Resolution (CR) which will
come up for a vote very early next week. There is no bipartisan or
bicameral support for such an attachment at this time. The other method of
postponement by Congress would be a two line amendment deferring the
deadline by 30 days attached to the CR. But this is not how Congress works.
Currently, the CR being considered is relatively clean, about 5-9 pages
long, albeit some provisions on Veterans and/or ExIm Bank, and/or other
issues may lengthen the document in due course. To include the two line
amendment to the CR is extraordinarily difficult, because for that to
happen the “Big 8” (Both Party leaders in the House and the Senate as well
as the heads of Appropriations committees in both Chambers for both
Parties) would have to sign off on it. The Big 8 includes Senator Leahy who
is strongly opposed to any deferment of the November 21 deadline. Senator
Leahy and his staff would have to be sleeping at the wheel for any
deferment language to be snuck into the CR, and our inquiries indicate that
Senator Leahy and his staff are awake at their posts at this time.
</p>
<br/>
<br/>
<p>
The rumors of postponement of the November 21st deadline appear to be
wishful thinking run amok. We urge the EB5 industry to prepare for the
regulation to go into effect on November 21st.</p>
Please let us know your thoughts by writing to <a href=”mailto:editor@ilw.com”>editor@ilw.com.</a><br/>
<!– END Comment –>
<!– Article; Blogging; News –> <!– <p><a href=””></a> –>
<p><a href=”http://discuss.ilw.com/articles/articles/392108-article-the-supreme-court-heard-a-major-case-on-daca-here%E2%80%99s-what-you-need-to-know-by-jorge-loweree” target=”_blank”>Article: The Supreme Court Heard a Major Case on DACA. Here’s What You Need to Know By Jorge Loweree</a></p>
<p><a href=”http://discuss.ilw.com/blogs/immigrationlawblogs/392107-outrage-over-trump-imposing-fees-for-asylum-applications-is-misplaced-by-nolan-rappaport” target=”_blank”>Blogging: Outrage over Trump imposing fees for asylum applications is misplaced By Nolan Rappaport</a></p>
<p><a href=”http://discuss.ilw.com/blogs/bbuchanan/392106-owner-of-liberty-immigration-visas-pleads-guilty-to-h-2a-visa-fraud” target=”_blank”>Blogging: Owner of Liberty Immigration & Visas Pleads Guilty to H-2A Visa Fraud By Bruce Buchanan</a></p>
<p><a href=”http://discuss.ilw.com/blogs/cshusterman/392093-new-health-insurance-requirement-who-does-it-apply-to” target=”_blank”>Blogging: New Health Insurance Requirement – Who Does It Apply To? By Carl Shusterman</a></p>
<p><a href=”http://discuss.ilw.com/blogs/immigrationlawblogs/392105-by-limiting-impeachment-to-trump-s-attempt-to-extort-ukraine-to-damage-biden-democrats-are-overlooking-trump-s-forcing-guatemala-to-help-him-destroy-asylum-seekers-lives-by-roger-algase” target=”_blank”>Blogging: By limiting impeachment to Trump’s attempt to extort Ukraine to damage Biden, Democrats are overlooking Trump’s forcing Guatemala to help him destroy asylum seekers’ lives By Roger Algase</a></p>
<p><a href=”http://discuss.ilw.com/articles/news/392109-news-uscis-releases-report-on-arrest-histories-of-illegal-aliens-who-request-daca” target=”_blank”>News: USCIS Releases Report on Arrest Histories of Illegal Aliens who Request DACA</a></p>
<!– END Article; Blogging; News –>
<!– Focus –>
<!– Focus –>
<p>Focus: PERM Illuminated – Hot Off the Presses<br>
Joel Stewart has done something remarkable in the new edition of THE PERM BOOK 2017-18 Edition. He has taken the spaghetti of all the sources on PERM: legislations, rules, FAQs, cases etc. and reintegrated them into a simple and luminously logical progression of how to do PERM. In each of the chapters, he uses articles by notable practitioners and his own extensive commentary to provide deep insights on every aspect of PERM. If you are a seasoned PERM practitioner, you will appreciate the clarity of the organization seen in the table of contents below, and will discover many new insights in every chapter. For anyone relatively new to PERM, Joel Stewart serves as a trusted guide to your mastering the lay of the land of this complex area. This book belongs in the library shelf of every PERM practitioner. Get your copy now, here: <a href=”http://www.ilw.com/books/THEPERMBOOK.shtm” target=”_blank”>http://www.ilw.com/books/THEPERMBOOK.shtm</a></p>
<p>Book includes: Chapter 1: All About the Law, Chapter 2: Parties to PERM, Chapter 3: Legal Requirements, Chapter 4: Anomalies: Special Handling or Processing, Chapter 5: Educational Degrees as Requirements, Chapter 6: Job Offers, Chapter 7: Prevailing Wage Requests, Chapter 8: All About Recruitment, Chapter 9: Consideration of Job Applicants, Chapter 10: All About Filin, Chapter 11: Post Filing Issues, Chapter 12: Approvals: Expiration, Validity, Portability & Duplicates, Chapter 13: Denials, Chapter 14: Request for Reconsideration, Chapter 15: Introduction to BALCA, Chapter 16: How to Request Review at BALCA, Chapter 17: Consideration by BALC, Chapter 18: BALCA Can Remand, Chapter 19: Disciplinary Measures, Chapter 20: DOL Organization and Updates, Acknowledgements, The PERM Book Online Library. </p>
<p>Get your copy of THE PERM BOOK 2017-2018 edition Now, Here: <a href=”http://www.ilw.com/books/THEPERMBOOK.shtm” target=”_blank”>http://www.ilw.com/books/THEPERMBOOK.shtm</a></p>
<p>For additional information, including author biographies and purchase information, please see:<br>
<a href=”http://www.ilw.com/books/THEPERMBOOK.shtm” target=”_blank”>Online</a><br>
<a href=”http://www.ilw.com/books/THEPERMBOOK2018orderform.pdf” target=”_blank”>Fax Form</a>.</p>
</p>
<!– END Focus –>
<!– Headlines –>
<a name=”Headlines” id=”Headlines”></a>
<!– Headline: <a href=””>Click here</a><br/> –>
<p>
Headline: The Supreme Court May Criminalize Immigrant Advocacy
<a href=”https://slate.com/news-and-politics/2019/11/supreme-court-criminalize-immigration-advocacy-sineneng-smith.html” target=”_blank”>Click here</a><br>
Headline: A new study finds immigrants aren’t drawn to states that offer them health insurance
<a href=”https://www.vox.com/2019/11/18/20966793/study-public-health-insurance-states-welfare-magnet-medicaid-immigrant-stanford-yasenov” target=”_blank”>Click here</a><br>
Headline: US-Mexico border sees surge in African migrants, who face limited options
<a href=”https://www.ncronline.org/news/people/us-mexico-border-sees-surge-african-migrants-who-face-limited-options” target=”_blank”>Click here</a><br>
Headline: Republicans condemned for smearing impeachment witnesses born abroad
<a href=”https://www.theguardian.com/us-news/2019/nov/17/trump-impeachment-inquiry-witnesses-vindman-yovanovitch” target=”_blank”>Click here</a><br>
Headline: Grand Island local advocates for legal documented immigrants
<a href=”https://nebraska.tv/news/local/grand-island-local-advocates-for-legal-documented-immigrants” target=”_blank”>Click here</a><br>
</p>
<!– END Headlines –>
<!– Service Provider –>
<!– END Service Provider –>
<!– Classifieds –>
<!– END Classifieds –>
<!– Letters to the Editor –>
<p><a href=”http://discuss.ilw.com/blogs/idblog/392110-letters-of-the-week-nov-18-nov-22″ target=”blank”>Letters of the Week</a></p>
<!– END Letters to the Editor –>
<!– ComingsNGoings –>
<p>ComingsNGoings: Immigration Reading<br>
Refugees From Revolution: U.S. Policy And Third World Migration
By Peter Koehn， Routledge, 463 pp. <a href=”https://www.amazon.com/Refugees-Revolution-Policy-Third-Migration/dp/0813377196″>https://www.amazon.com/Refugees-Revolution-Policy-Third-Migration/dp/0813377196</a>.
</p>
<!– END ComingsNGoings –>
<p>
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<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
<!–END PublisherEditor–>
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